83_FR_16349 83 FR 16276 - Air Plan Approval; GA; Permitting Revision

83 FR 16276 - Air Plan Approval; GA; Permitting Revision

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 73 (April 16, 2018)

Page Range16276-16279
FR Document2018-07899

The Environmental Protection Agency (EPA) is proposing to approve changes to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, on April 11, 2003. EPA is proposing to approve portions of a SIP revision which includes changes to Georgia's rules regarding emissions standards and permitting. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations.

Federal Register, Volume 83 Issue 73 (Monday, April 16, 2018)
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16276-16279]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07899]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0651; FRL-9976-90-Region 4]


Air Plan Approval; GA; Permitting Revision

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the Georgia State Implementation Plan (SIP) 
submitted by the State of Georgia, through the Georgia Environmental 
Protection Division (GA EPD) of the Department of Natural Resources, on 
April 11, 2003. EPA is proposing to approve portions of a SIP revision 
which includes changes to Georgia's rules regarding emissions standards 
and permitting. This action is being proposed pursuant to the Clean Air 
Act (CAA or Act) and its implementing regulations.

DATES: Written comments must be received on or before May 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0651 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, 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,

[[Page 16277]]

Georgia 30303-8960, or Joel Huey, Air Planning and Implementation 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960. Mr. Wong can be reached by telephone at 
(404) 562-8726 or via electronic mail at wong.richard@epa.gov. Mr. Huey 
can be reached by telephone at (404) 562-9104 or via electronic mail at 
huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On April 11, 2003, GA EPD submitted a SIP revision to EPA for 
approval that involves changes to Georgia's SIP regulations. In this 
action, EPA is proposing to approve the portion of the Georgia 
submission revising GA EPD Rule 391-3-1-.03(11)(b)--Permit by Rule 
Standards. This submission also seeks to revise Rule 391-3-
1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas Turbines and 
Rule 391-3-1-.02(5)--Open Burning. EPA is not taking action on the 
proposed changes to Rule 391-3-1-.02(2)(nnn) and Rule 391-3-1-.02(5) at 
this time. On October 21, 2009, GA EPD submitted a letter withdrawing 
from the submittal a proposed revision to Georgia Rule 391-3-
1-.02(2)(qqq)--Volatile Organic Compound From Extruded Polystyrene 
Products Manufacturing Utilizing a Blowing Agent.\1\ On January 5, 2017 
(82 FR 1206), EPA approved changes to Rule 391-3-1-.01--Definitions 
that were also included in the April 11, 2003, submittal.
---------------------------------------------------------------------------

    \1\ The October 21, 2009, letter is included in the docket for 
this action.
---------------------------------------------------------------------------

II. Analysis of State's Submittal

Rule 391-3-1-.03(11)(b)--Permit by Rule Standards

    GA EPD's Rule 391-3-1-.03(11)(b)6 establishes ``permit by rule'' 
\2\ standards for cotton ginning operations and applies to facilities 
with a potential to emit in excess of the Part 70 program major source 
thresholds. The rule provides that cotton ginning operations shall be 
deemed to have a ``permit by rule'' if they (1) maintain a log of the 
monthly production, and (2) limit annual production to 65,000 standard 
bales of cotton during any twelve consecutive months.\3\ The rule also 
stipulates that sources having potential emissions greater than major 
source thresholds even after meeting these conditions, or that are 
unable to meet these conditions, must obtain a title V operating permit 
pursuant to Georgia's Part 70 program. GA EPD's March 14, 2003, 
submittal would change the annual production threshold to qualify for a 
``permit by rule'' from 65,000 standard bales of cotton ginned per year 
(bales/year) to 120,000 bales/year.
---------------------------------------------------------------------------

    \2\ Also known as an ``exclusionary rule'' or ``prohibitory 
rule,'' a ``permit by rule'' is an approach that State and local 
agencies can use to establish enforceable operational limits which 
ensure that a source's potential emissions are below the major 
source threshold. See, e.g., ``Guidance an Enforceability 
Requirements for Limiting Potential to Emit through SIP and Sec.  
112 Rules and General Permits,'' Kathie A. Stein, Director, Air 
Enforcement Division, Office of Enforcement and Compliance 
Assurance, January 25, 1995.
    \3\ In addition, GA EPD Rule 391-3-1-.03(11)(a)2 requires that 
any facility wishing to operate under the cotton ginning ``permit by 
rule'' shall certify its qualification in writing to the permitting 
authority, and the permitting authority shall grant the conditions 
and terms of the ``permit by rule'' by Certification letter to the 
facility.
---------------------------------------------------------------------------

    Because of the mostly mechanical nature of the cotton ginning 
processes and the agricultural material handled, particulate matter 
(PM) is the primary regulated pollutant of concern. Georgia Rule 391-3-
1-.02(2)(q) uses a process weight calculation to establish allowable PM 
emission rates (in pounds per hour) from cotton gins based upon the 
number of bales processed per hour. In support of GA EPD's April 11, 
2003, submittal, the State provided a technical rationale intending to 
show, based upon the allowable emission rate under Rule 391-3-
1-.02(2)(q), that increasing the cotton ginning ``permit by rule'' 
threshold of Rule 391-3-1-.03(11)(b)6 to 120,000 bales/year would still 
ensure that source emissions would not exceed the major source 
threshold.\4\ EPA notes, however, that an allowable emission rate alone 
does not constrain a source's ``potential to emit,'' which is the 
maximum capacity of a stationary source to emit a pollutant under its 
physical and operational design. See, e.g., 40 CFR 52.21(b)(4) and 40 
CFR 70.2. In addition, the emission rate that is allowable under Rule 
391-3-1-.02(2)(q) changes according to a source's process rate (i.e., 
bales ginned per hour) at any particular time. Therefore, EPA's 
evaluation of potential cotton ginning emissions is based upon the 
Agency's review of available PM emission factors for cotton ginning 
operations, in particular emission factors for PM10 and 
PM2.5.\5\
---------------------------------------------------------------------------

    \4\ Email from Jimmy Johnston, GA EPD, to Stacey Harder, EPA 
Region 4, May 30, 2007.
    \5\ Since at least 1995, EPA has considered the regulated form 
of PM for title V purposes to be particles with an aerodynamic 
diameter less than or equal to a nominal 10 micrometers, or 
PM10. See ``Definition of Regulated Pollutant for 
Particulate Matter for Purposes of Title V,'' Lydia N. Wegman, 
October 16, 1995, available at https://www.epa.gov/sites/production/files/2015-08/documents/pmregdef.pdf. In 1997 EPA finalized new air 
quality standards to regulate particulate matter with an aerodynamic 
diameter less than or equal to a nominal 2.5 micrometers, or 
PM2.5. See 62 FR 38652 (July 18, 1997). The definition of 
``regulated air pollutant'' in 40 CFR 70.2 includes any pollutant 
for which a NAAQS has been promulgated, including PM2.5.
---------------------------------------------------------------------------

    EPA's Compilation of Air Emission Factors, AP-42, lists emission 
factors for typical cotton ginning configurations \6\ of 0.82 pound of 
PM10 per bale (for Configuration No. 1, gins with high-
efficiency cyclones on all exhaust streams) and 1.2 pounds of 
PM10 per bale (for Configuration No. 2, gins with screened 
drums or cages on the lint cleaners and a battery condenser). But these 
are ``D'' and ``E''-rated factors, meaning reliability of the factors 
is below average to poor. The AP-42 emission factors for cotton ginning 
were last updated in 1996 and do not include emission factors for 
PM2.5. EPA's 1998 ``Potential to Emit (PTE) Guidance for 
Specific Source Categories'' (1998 PTE Guidance) \7\ suggested possible 
prohibitory rule thresholds of 90,000 bales/year or 72,000 bales/year 
(for gins similar to Configuration No. 1 and Configuration No. 2, 
respectively). These numbers were derived by taking 90 percent (to 
provide a 10 percent safety margin) of the 100 tons per year (tpy) 
title V major source threshold and dividing by a ``worst case'' 
emission rate. The 90,000 bale/year and 72,000 bale/year thresholds 
were based upon emission factors of 2.0 pounds of PM10 per 
bale and 2.5 pounds of PM10 per bale, depending on the gin 
configuration, and were considered ``very conservative (worse than the 
typical `worst-case').''
---------------------------------------------------------------------------

    \6\ Figure 9.7-1 of AP-42 shows a flow diagram of a typical 
cotton-ginning process, which includes an unloading system, No. 1 
dryer and cleaner, No. 2 dryer and cleaner, No. 1 lint cleaner, No. 
2 lint cleaner, mote fan, battery condenser and bailing system, 
master trash fan and overflow system.
    \7\ ``Potential to Emit (PTE) Guidance for Specific Source 
Categories,'' John S. Seitz, April 14, 1998.
---------------------------------------------------------------------------

    EPA notes that there is more recent preliminary data to consider 
regarding cotton ginning emission factors. In an effort to develop PM 
emission factors that are representative of actual cotton ginning 
emissions, cotton gin associations across the U.S. funded a national 
study that was conducted during the period 2008-2012 and utilized data 
collection methodologies defined by EPA.\8\ Peer reviewed articles 
published on the data gathered from the study suggest a PM10 
emission factor of

[[Page 16278]]

close to 1.3 pounds per bale \9\ and a PM2.5 emission factor 
of about 0.15 pound per bale \10\ for the most common cotton gin 
configurations. Subsequently, an environmental scientist analyzed this 
national study data in light of the 1996 AP-42 data and EPA's 2013 
emission factor development procedures \11\ and developed a suggested 
PM10 emission factor of 1.0 pound per bale and a suggested 
PM2.5 emission factor of 0.10 pound per bale from typical 
cotton ginning operations.\12\
---------------------------------------------------------------------------

    \8\ Buser, M.D., Whitelock, D.P., Boykin, J.C., and Holt, G.A., 
Characterization of Cotton Gin Particulate Matter Emissions--Project 
Plan, Journal of Cotton Science, 16: 105-116 (2012), available at 
https://www.cotton.org/journal/2012-16/2/upload/JCS16-105.pdf.
    \9\ Boykin, J.C., Buser, M.D., Whitelock, D.P., and Holt, G.A., 
(multiple articles), Journal of Cotton Science, 18:173-182, 183-194, 
195-206, 216-225, 248-257, 258-267, 300-308, and 338-347 (2014), 
available at http://www.cotton.org/journal/2014-18/index.cfm.
    \10\ Boykin, J.C., Buser, M.D., Whitelock, D.P., and Holt, G.A., 
(several articles), Journal of Cotton Science, 17:309-319, 320-332, 
333-345, 357-367, 391-401; 402-413, 447-456, 489-499; and 357-367 
(2013), available at http://www.cotton.org/journal/2013-17/index.cfm.
    \11\ See generally Eastern Research Group, Inc., Recommended 
Procedures for Development of Emissions Factors and Use of the 
WebFIRE Database (No. EPA-453/D-13-001) (August 2013), available at 
http://www.epa.gov/ttnchie1/efpac/procedures/procedures81213.pdf.
    \12\ See Thomas W. Moore, Proposed Updates for AP-42 Cotton Gin 
Emission Factors, p. 82 table 27b, M.S. Thesis, Oklahoma State 
University (May 2015).
---------------------------------------------------------------------------

    As noted above, GA EPD's March 14, 2003, submittal would change the 
cotton ginning ``permit by rule'' threshold from 65,000 bales/year to 
120,000 bales/year. The approach of EPA's 1998 PTE Guidance for 
development of a ``permit by rule'' was to set thresholds that would 
provide a 10 percent margin of safety from the 100 tpy Part 70 program 
applicability criterion. Using Georgia's proposed cotton ginning 
``permit by rule'' threshold of 120,000 bales/year, an emission factor 
of 1.5 pounds per bale would result in maximum annual emissions of 90 
tpy. According to AP-42, typical cotton gin emission factors for 
PM10 fall into the range of 0.82 pound per bale to 1.2 
pounds per bale, which results in estimated annual PM10 
emissions of 49 tpy to 72 tpy from 120,000 bales ginned. And based upon 
data from the national study, a typical cotton gin emission factor is 
likely to be in the range of 1.0 pound per bale to 1.3 pounds per bale, 
which would result in estimated annual PM10 emissions in the 
range of 60 tpy to 78 tpy from 120,000 bales ginned. Thus, the level of 
annual PM10 emissions from typical cotton ginning 
operations, as suggested by emission factors from AP-42 and the 
national study, provides a significant margin of safety from the 100 
tpy Part 70 program threshold. Estimated PM2.5 emissions 
would be much lower due to the significantly lower emission factor for 
that size indicator of total PM. This analysis supports approval of GA 
EPD's revision to its ``permit by rule'' threshold for cotton gins.
    EPA believes that GA EPD's revision to Rule 391-3-1-.03(11)(b)6 
will not degrade air quality because it does not change the level of 
pollutant emissions allowable for cotton ginning operations under the 
SIP. The impact of the revision would be that cotton ginning operations 
which process cotton in the range of 65,000 bales/year to 120,000 
bales/year (i.e., from the current ``permit by rule'' threshold to the 
new threshold) would now be able to choose to operate under a ``permit 
by rule'' rather than a standard operating permit as long as such 
sources maintain records of their production, in accordance with Rule 
391-3-1-.03(11)(b)6(i)(I). In addition, all cotton ginning operations 
in Georgia will still be required to comply with the State's existing 
PM emission limit at Rule 391-3-1-.02(2)(q), which remains unchanged 
and requires compliance with a numerical limit on PM emissions based on 
the number of bales ginned per hour. Further, EPA notes that there are 
currently no PM nonattainment areas in the State of Georgia and that 
cotton gins in the State are located primarily in areas which tend to 
have ambient PM concentrations well below the PM NAAQS. Accordingly, 
EPA is proposing to approve this change to Rule 391-3-1-.03(11)(b)6 
from GA EPD's April 11, 2003, submittal.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the GA EPD Rule 391-3-1-.03(11)(b)6--Cotton ginning 
operations, effective March 26, 2003, which revises permitting 
requirements for cotton ginning operations. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the For Further Information Contact section of 
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve a portion of the State of Georgia's 
April 11, 2003 submittal. Specifically, EPA is proposing to approve the 
change to GA EPD Rule 391-3-1-.03(11)(b)6--Cotton ginning operations. 
EPA believes that the proposed change to the regulatory portion of the 
SIP is consistent with section 110 of the CAA and meets the regulatory 
requirements pertaining to SIPs. EPA also believes that the proposed 
change is consistent with CAA section 110(l), which states that the 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in CAA section 171), or any 
other applicable requirement of the Act.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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

[[Page 16279]]

practicable and legally permissible methods, under Executive Order 
12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: April 5, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-07899 Filed 4-13-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 16276                    Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules

                                                 content tagging; includes document formats                 c. Other structured markup formats:                 ENVIRONMENTAL PROTECTION
                                                 such as PDF/X).                                            (i) XHTML or HTML, with DOCTYPE                     AGENCY
                                                    c. Other structured or markup formats:               declaration and presentation stylesheet(s).
                                                    (i) Widely-used serials or journal non-                 (ii) XML-based document formats (widely-            40 CFR Part 52
                                                 proprietary XML-based DTDs/schemas with                 used and publicly-documented), with
                                                 presentation stylesheet(s).                                                                                    [EPA–R04–OAR–2006–0651; FRL–9976–90–
                                                                                                         presentation style sheet(s) if applicable.
                                                    (ii) Proprietary XML-based format for                                                                       Region 4]
                                                 serials or journals (with documentation) with           Includes ODF (ISO/IEC 26300) and OOXML
                                                 DTD/schema and presentation stylesheet(s).              (ISO/IEC 29500).                                       Air Plan Approval; GA; Permitting
                                                    (iii) XHTML or HTML, with DOCTYPE                       (iii) SGML, with included or accessible             Revision
                                                 declaration and presentation stylesheet(s).             DTD.
                                                    (iv) XML-based document formats (widely                 (iv) Other XML-based non-proprietary                AGENCY:  Environmental Protection
                                                 used and publicly documented). With                     formats, with presentation stylesheet(s).              Agency.
                                                 presentation stylesheets, if applicable.                   (v) XML-based formats that use proprietary          ACTION: Proposed rule.
                                                 Includes ODF (ISO/IEC 26300) and OOXML                  DTDs or schemas, with presentation
                                                 (ISO/IEC 29500).                                        stylesheet(s).                                         SUMMARY:    The Environmental Protection
                                                    d. PDF (web-optimized with searchable
                                                 text).
                                                                                                            d. PDF (web-optimized with searchable               Agency (EPA) is proposing to approve
                                                    e. Other formats:                                    text).                                                 changes to the Georgia State
                                                    (i) Rich text format.                                   e. Other formats:                                   Implementation Plan (SIP) submitted by
                                                    (ii) Plain text.                                        (i) Rich text format.                               the State of Georgia, through the Georgia
                                                    (iii) Widely-used proprietary word                      (ii) Plain text.                                    Environmental Protection Division (GA
                                                 processing or page-layout formats.                         (iii) Widely-used proprietary word                  EPD) of the Department of Natural
                                                    (iv) Other text formats not listed here.             processing formats.                                    Resources, on April 11, 2003. EPA is
                                                    2. Metadata Elements: If included with                  (iv) Other text formats not listed here.            proposing to approve portions of a SIP
                                                 published version of work, descriptive data                2. Metadata Elements: If included with              revision which includes changes to
                                                 (metadata) as described below should                    published version of work, descriptive data
                                                 accompany the deposited material:                                                                              Georgia’s rules regarding emissions
                                                                                                         (metadata) as described below should                   standards and permitting. This action is
                                                    a. Title level metadata: Serial or journal
                                                                                                         accompany the deposited material:                      being proposed pursuant to the Clean
                                                 title, ISSN, publisher, frequency, place of
                                                 publication.                                               a. As supported by format (e.g., standards-         Air Act (CAA or Act) and its
                                                    b. Article level metadata, as relevant/or            based formats such as ONIX, XMP, MODS, or              implementing regulations.
                                                 applicable: Volume(s), number(s), issue                 MARCXML either embedded in or
                                                                                                                                                                DATES: Written comments must be
                                                 dates(s), article title(s), article author(s),          accompanying the digital item): Title, creator,
                                                                                                                                                                received on or before May 16, 2018.
                                                 article identifier (DOI, etc.).                         creation date, place of publication, publisher/
                                                    c. With other descriptive metadata (e.g.,            producer/distributor, ISBN, contact                    ADDRESSES: Submit your comments,
                                                 subject heading(s), descriptor(s), abstract(s)),        information.                                           identified by Docket ID No. EPA–R04–
                                                 rather than without.                                       b. Include if part of published version of          OAR–2006–0651 at http://
                                                    3. Completeness:                                     work: Language of work, other relevant                 www.regulations.gov. Follow the online
                                                    a. All elements considered integral to the           identifiers (e.g., DOI, LCCN, etc.), edition,          instructions for submitting comments.
                                                 publication and offered for sale or                                                                            Once submitted, comments cannot be
                                                                                                         subject descriptors, abstracts.
                                                 distribution must be deposited—e.g., articles,
                                                                                                            3. Rarity and Special Features:                     edited or removed from Regulations.gov.
                                                 table(s) of contents, front matter, back matter,
                                                 etc. Includes all associated external files and            a. Limited editions (including those with           EPA may publish any comment received
                                                 fonts considered integral to or necessary to            special features such as high resolution               to its public docket. Do not submit
                                                 view the work as published.                             images.)                                               electronically any information you
                                                    b. All updates, supplements, releases, and              b. Editions with the greatest number of             consider to be Confidential Business
                                                 supersessions published as part of the work             unique features (such as additional content,           Information (CBI) or other information
                                                 and offered for sale or distribution must be            multimedia, interactive elements.)                     whose disclosure is restricted by statute.
                                                 deposited and received in a regular and                    4. Completeness:                                    Multimedia submissions (audio, video,
                                                 timely manner for proper maintenance of the                a. For items published in a finite number           etc.) must be accompanied by a written
                                                 deposit.                                                of separate components, all elements                   comment. The written comment is
                                                    B. Electronic-Only Books:
                                                    1. Content Format:
                                                                                                         published as part of the work and offered for          considered the official comment and
                                                    a. Book-specific structured/markup format,           sale or distribution must be deposited.                should include discussion of all points
                                                 i.e., XML-based markup formats, with                    Includes all associated external files and             you wish to make. EPA will generally
                                                 included or accessible DTD/schema, XSD/                 fonts considered integral to or necessary to           not consider comments or comment
                                                 XSL presentation stylesheet(s), and explicitly          view the work as published.                            contents located outside of the primary
                                                 stated character encoding:                                 b. All updates, supplements, releases, and          submission (i.e., on the web, cloud, or
                                                    (i) BITS-compliant (NLM Book DTD).                   supersessions published as part of the work            other file sharing system). For
                                                    (ii) EPUB-compliant.                                 and offered for sale or distribution must be           additional submission methods, the full
                                                    (iii) Other widely-used book DTD/schemas             submitted and received in a regular and                EPA public comment policy,
                                                 (e.g., TEI, DocBook, etc.).                             timely manner for proper maintenance of the
                                                    b. Page-oriented rendition:                                                                                 information about CBI or multimedia
                                                                                                         deposit.                                               submissions, and general guidance on
                                                    (i) PDF/UA (Portable Document Format/
                                                 Universal Accessibility; compliant with ISO                Dated: April 6, 2018.                               making effective comments, please visit
                                                 14289–1).                                               Sarang Vijay Damle,                                    http://www2.epa.gov/dockets/
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                    (ii) PDF/A (Portable Document Format/                General Counsel and Associate Register of              commenting-epa-dockets.
                                                 Archival; compliant with ISO 19005).                    Copyrights.                                            FOR FURTHER INFORMATION CONTACT:
                                                    (iii) PDF (Portable Document Format;
                                                                                                         [FR Doc. 2018–07484 Filed 4–13–18; 8:45 am]            Richard Wong, Air Regulatory
                                                 highest quality available, with features such
                                                 as searchable text, embedded fonts, lossless                                                                   Management Section, Air Planning and
                                                                                                         BILLING CODE 1410–30–P
                                                 compression, high resolution images, device-                                                                   Implementation Branch, Air, Pesticides
                                                 independent specification of colorspace;                                                                       and Toxics Management Division, U.S.
                                                 content tagging; includes document formats                                                                     Environmental Protection Agency,
                                                 such as PDF/X).                                                                                                Region 4, 61 Forsyth Street SW, Atlanta,


                                            VerDate Sep<11>2014   16:32 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00034   Fmt 4702   Sfmt 4702   E:\FR\FM\16APP1.SGM   16APP1


                                                                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules                                                       16277

                                                 Georgia 30303–8960, or Joel Huey, Air                   bales of cotton during any twelve                            EPA’s Compilation of Air Emission
                                                 Planning and Implementation Branch,                     consecutive months.3 The rule also                        Factors, AP–42, lists emission factors for
                                                 Air, Pesticides and Toxics Management                   stipulates that sources having potential                  typical cotton ginning configurations 6
                                                 Division, U.S. Environmental Protection                 emissions greater than major source                       of 0.82 pound of PM10 per bale (for
                                                 Agency, Region 4, 61 Forsyth Street SW,                 thresholds even after meeting these                       Configuration No. 1, gins with high-
                                                 Atlanta, Georgia 30303–8960. Mr. Wong                   conditions, or that are unable to meet                    efficiency cyclones on all exhaust
                                                 can be reached by telephone at (404)                    these conditions, must obtain a title V                   streams) and 1.2 pounds of PM10 per
                                                 562–8726 or via electronic mail at                      operating permit pursuant to Georgia’s                    bale (for Configuration No. 2, gins with
                                                 wong.richard@epa.gov. Mr. Huey can be                   Part 70 program. GA EPD’s March 14,                       screened drums or cages on the lint
                                                 reached by telephone at (404) 562–9104                  2003, submittal would change the                          cleaners and a battery condenser). But
                                                 or via electronic mail at huey.joel@                    annual production threshold to qualify                    these are ‘‘D’’ and ‘‘E’’-rated factors,
                                                 epa.gov.                                                for a ‘‘permit by rule’’ from 65,000                      meaning reliability of the factors is
                                                                                                         standard bales of cotton ginned per year
                                                 SUPPLEMENTARY INFORMATION:                                                                                        below average to poor. The AP–42
                                                                                                         (bales/year) to 120,000 bales/year.
                                                                                                            Because of the mostly mechanical                       emission factors for cotton ginning were
                                                 I. Background
                                                                                                         nature of the cotton ginning processes                    last updated in 1996 and do not include
                                                    On April 11, 2003, GA EPD submitted                                                                            emission factors for PM2.5. EPA’s 1998
                                                 a SIP revision to EPA for approval that                 and the agricultural material handled,
                                                                                                         particulate matter (PM) is the primary                    ‘‘Potential to Emit (PTE) Guidance for
                                                 involves changes to Georgia’s SIP                                                                                 Specific Source Categories’’ (1998 PTE
                                                                                                         regulated pollutant of concern. Georgia
                                                 regulations. In this action, EPA is                                                                               Guidance) 7 suggested possible
                                                                                                         Rule 391–3–1–.02(2)(q) uses a process
                                                 proposing to approve the portion of the                                                                           prohibitory rule thresholds of 90,000
                                                                                                         weight calculation to establish
                                                 Georgia submission revising GA EPD                                                                                bales/year or 72,000 bales/year (for gins
                                                                                                         allowable PM emission rates (in pounds
                                                 Rule 391–3–1–.03(11)(b)—Permit by                                                                                 similar to Configuration No. 1 and
                                                                                                         per hour) from cotton gins based upon
                                                 Rule Standards. This submission also
                                                                                                         the number of bales processed per hour.                   Configuration No. 2, respectively).
                                                 seeks to revise Rule 391–3–1–
                                                                                                         In support of GA EPD’s April 11, 2003,                    These numbers were derived by taking
                                                 .02(2)(nnn)—NOX Emissions from Large
                                                                                                         submittal, the State provided a technical                 90 percent (to provide a 10 percent
                                                 Stationary Gas Turbines and Rule 391–
                                                                                                         rationale intending to show, based upon                   safety margin) of the 100 tons per year
                                                 3–1–.02(5)—Open Burning. EPA is not
                                                                                                         the allowable emission rate under Rule                    (tpy) title V major source threshold and
                                                 taking action on the proposed changes
                                                                                                         391–3–1–.02(2)(q), that increasing the                    dividing by a ‘‘worst case’’ emission
                                                 to Rule 391–3–1–.02(2)(nnn) and Rule
                                                                                                         cotton ginning ‘‘permit by rule’’                         rate. The 90,000 bale/year and 72,000
                                                 391–3–1–.02(5) at this time. On October
                                                                                                         threshold of Rule 391–3–1–.03(11)(b)6                     bale/year thresholds were based upon
                                                 21, 2009, GA EPD submitted a letter
                                                                                                         to 120,000 bales/year would still ensure                  emission factors of 2.0 pounds of PM10
                                                 withdrawing from the submittal a
                                                                                                         that source emissions would not exceed                    per bale and 2.5 pounds of PM10 per
                                                 proposed revision to Georgia Rule 391–
                                                                                                         the major source threshold.4 EPA notes,                   bale, depending on the gin
                                                 3–1–.02(2)(qqq)—Volatile Organic
                                                                                                         however, that an allowable emission                       configuration, and were considered
                                                 Compound From Extruded Polystyrene
                                                                                                         rate alone does not constrain a source’s                  ‘‘very conservative (worse than the
                                                 Products Manufacturing Utilizing a
                                                                                                         ‘‘potential to emit,’’ which is the                       typical ‘worst-case’).’’
                                                 Blowing Agent.1 On January 5, 2017 (82
                                                                                                         maximum capacity of a stationary
                                                 FR 1206), EPA approved changes to                                                                                    EPA notes that there is more recent
                                                                                                         source to emit a pollutant under its
                                                 Rule 391–3–1–.01—Definitions that                                                                                 preliminary data to consider regarding
                                                                                                         physical and operational design. See,
                                                 were also included in the April 11,                                                                               cotton ginning emission factors. In an
                                                                                                         e.g., 40 CFR 52.21(b)(4) and 40 CFR
                                                 2003, submittal.                                                                                                  effort to develop PM emission factors
                                                                                                         70.2. In addition, the emission rate that
                                                 II. Analysis of State’s Submittal                       is allowable under Rule 391–3–1–                          that are representative of actual cotton
                                                                                                         .02(2)(q) changes according to a source’s                 ginning emissions, cotton gin
                                                 Rule 391–3–1–.03(11)(b)—Permit by                                                                                 associations across the U.S. funded a
                                                                                                         process rate (i.e., bales ginned per hour)
                                                 Rule Standards                                                                                                    national study that was conducted
                                                                                                         at any particular time. Therefore, EPA’s
                                                   GA EPD’s Rule 391–3–1–.03(11)(b)6                     evaluation of potential cotton ginning                    during the period 2008–2012 and
                                                 establishes ‘‘permit by rule’’ 2 standards              emissions is based upon the Agency’s                      utilized data collection methodologies
                                                 for cotton ginning operations and                       review of available PM emission factors                   defined by EPA.8 Peer reviewed articles
                                                 applies to facilities with a potential to               for cotton ginning operations, in                         published on the data gathered from the
                                                 emit in excess of the Part 70 program                   particular emission factors for PM10 and                  study suggest a PM10 emission factor of
                                                 major source thresholds. The rule                       PM2.5.5
                                                 provides that cotton ginning operations                                                                           aerodynamic diameter less than or equal to a
                                                 shall be deemed to have a ‘‘permit by                     3 In addition, GA EPD Rule 391–3–1–.03(11)(a)2          nominal 2.5 micrometers, or PM2.5. See 62 FR 38652
                                                 rule’’ if they (1) maintain a log of the                requires that any facility wishing to operate under       (July 18, 1997). The definition of ‘‘regulated air
                                                                                                         the cotton ginning ‘‘permit by rule’’ shall certify its   pollutant’’ in 40 CFR 70.2 includes any pollutant
                                                 monthly production, and (2) limit                       qualification in writing to the permitting authority,     for which a NAAQS has been promulgated,
                                                 annual production to 65,000 standard                    and the permitting authority shall grant the              including PM2.5.
                                                                                                         conditions and terms of the ‘‘permit by rule’’ by            6 Figure 9.7–1 of AP–42 shows a flow diagram of
                                                    1 The October 21, 2009, letter is included in the    Certification letter to the facility.                     a typical cotton-ginning process, which includes an
                                                 docket for this action.                                    4 Email from Jimmy Johnston, GA EPD, to Stacey         unloading system, No. 1 dryer and cleaner, No. 2
                                                    2 Also known as an ‘‘exclusionary rule’’ or          Harder, EPA Region 4, May 30, 2007.                       dryer and cleaner, No. 1 lint cleaner, No. 2 lint
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 ‘‘prohibitory rule,’’ a ‘‘permit by rule’’ is an           5 Since at least 1995, EPA has considered the          cleaner, mote fan, battery condenser and bailing
                                                 approach that State and local agencies can use to       regulated form of PM for title V purposes to be           system, master trash fan and overflow system.
                                                                                                                                                                      7 ‘‘Potential to Emit (PTE) Guidance for Specific
                                                 establish enforceable operational limits which          particles with an aerodynamic diameter less than or
                                                 ensure that a source’s potential emissions are below    equal to a nominal 10 micrometers, or PM10. See           Source Categories,’’ John S. Seitz, April 14, 1998.
                                                 the major source threshold. See, e.g., ‘‘Guidance an    ‘‘Definition of Regulated Pollutant for Particulate          8 Buser, M.D., Whitelock, D.P., Boykin, J.C., and

                                                 Enforceability Requirements for Limiting Potential      Matter for Purposes of Title V,’’ Lydia N. Wegman,        Holt, G.A., Characterization of Cotton Gin
                                                 to Emit through SIP and § 112 Rules and General         October 16, 1995, available at https://www.epa.gov/       Particulate Matter Emissions—Project Plan, Journal
                                                 Permits,’’ Kathie A. Stein, Director, Air               sites/production/files/2015-08/documents/                 of Cotton Science, 16: 105–116 (2012), available at
                                                 Enforcement Division, Office of Enforcement and         pmregdef.pdf. In 1997 EPA finalized new air quality       https://www.cotton.org/journal/2012-16/2/upload/
                                                 Compliance Assurance, January 25, 1995.                 standards to regulate particulate matter with an          JCS16-105.pdf.



                                            VerDate Sep<11>2014   16:32 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00035   Fmt 4702   Sfmt 4702   E:\FR\FM\16APP1.SGM     16APP1


                                                 16278                    Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules

                                                 close to 1.3 pounds per bale 9 and a                    for that size indicator of total PM. This              regulatory requirements pertaining to
                                                 PM2.5 emission factor of about 0.15                     analysis supports approval of GA EPD’s                 SIPs. EPA also believes that the
                                                 pound per bale 10 for the most common                   revision to its ‘‘permit by rule’’                     proposed change is consistent with CAA
                                                 cotton gin configurations. Subsequently,                threshold for cotton gins.                             section 110(l), which states that the
                                                 an environmental scientist analyzed this                   EPA believes that GA EPD’s revision                 Administrator shall not approve a
                                                 national study data in light of the 1996                to Rule 391–3–1–.03(11)(b)6 will not                   revision of a plan if the revision would
                                                 AP–42 data and EPA’s 2013 emission                      degrade air quality because it does not                interfere with any applicable
                                                 factor development procedures 11 and                    change the level of pollutant emissions                requirement concerning attainment and
                                                 developed a suggested PM10 emission                     allowable for cotton ginning operations                reasonable further progress (as defined
                                                 factor of 1.0 pound per bale and a                      under the SIP. The impact of the                       in CAA section 171), or any other
                                                 suggested PM2.5 emission factor of 0.10                 revision would be that cotton ginning                  applicable requirement of the Act.
                                                 pound per bale from typical cotton                      operations which process cotton in the
                                                 ginning operations.12                                   range of 65,000 bales/year to 120,000                  V. Statutory and Executive Order
                                                   As noted above, GA EPD’s March 14,                    bales/year (i.e., from the current ‘‘permit            Reviews
                                                 2003, submittal would change the                        by rule’’ threshold to the new threshold)                 Under the CAA, the Administrator is
                                                 cotton ginning ‘‘permit by rule’’                       would now be able to choose to operate                 required to approve a SIP submission
                                                 threshold from 65,000 bales/year to                     under a ‘‘permit by rule’’ rather than a               that complies with the provisions of the
                                                 120,000 bales/year. The approach of                     standard operating permit as long as                   Act and applicable Federal regulations.
                                                 EPA’s 1998 PTE Guidance for                             such sources maintain records of their                 See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                 development of a ‘‘permit by rule’’ was                 production, in accordance with Rule                    Thus, in reviewing SIP submissions,
                                                 to set thresholds that would provide a                  391–3–1–.03(11)(b)6(i)(I). In addition,                EPA’s role is to approve state choices,
                                                 10 percent margin of safety from the 100                all cotton ginning operations in Georgia               provided that they meet the criteria of
                                                 tpy Part 70 program applicability                       will still be required to comply with the              the CAA. Accordingly, this action
                                                 criterion. Using Georgia’s proposed                     State’s existing PM emission limit at                  merely proposes to approve state law as
                                                 cotton ginning ‘‘permit by rule’’                       Rule 391–3–1–.02(2)(q), which remains                  meeting Federal requirements and does
                                                 threshold of 120,000 bales/year, an                     unchanged and requires compliance                      not impose additional requirements
                                                 emission factor of 1.5 pounds per bale                  with a numerical limit on PM emissions                 beyond those imposed by state law. For
                                                 would result in maximum annual                          based on the number of bales ginned per                that reason, this action:
                                                 emissions of 90 tpy. According to AP–                   hour. Further, EPA notes that there are                   • Is not a significant regulatory action
                                                 42, typical cotton gin emission factors                 currently no PM nonattainment areas in                 subject to review by the Office of
                                                 for PM10 fall into the range of 0.82                    the State of Georgia and that cotton gins              Management and Budget under
                                                 pound per bale to 1.2 pounds per bale,                  in the State are located primarily in                  Executive Orders 12866 (58 FR 51735,
                                                 which results in estimated annual PM10                  areas which tend to have ambient PM                    October 4, 1993) and 13563 (76 FR 3821,
                                                 emissions of 49 tpy to 72 tpy from                      concentrations well below the PM                       January 21, 2011);
                                                 120,000 bales ginned. And based upon                    NAAQS. Accordingly, EPA is proposing                      • Does not impose an information
                                                 data from the national study, a typical                 to approve this change to Rule 391–3–                  collection burden under the provisions
                                                 cotton gin emission factor is likely to be              1–.03(11)(b)6 from GA EPD’s April 11,                  of the Paperwork Reduction Act (44
                                                 in the range of 1.0 pound per bale to 1.3               2003, submittal.                                       U.S.C. 3501 et seq.);
                                                 pounds per bale, which would result in                                                                            • Is certified as not having a
                                                                                                         III. Incorporation by Reference
                                                 estimated annual PM10 emissions in the                                                                         significant economic impact on a
                                                 range of 60 tpy to 78 tpy from 120,000                     In this rule, EPA is proposing to                   substantial number of small entities
                                                 bales ginned. Thus, the level of annual                 include in a final EPA rule regulatory                 under the Regulatory Flexibility Act (5
                                                 PM10 emissions from typical cotton                      text that includes incorporation by                    U.S.C. 601 et seq.);
                                                 ginning operations, as suggested by                     reference. In accordance with                             • Does not contain any unfunded
                                                 emission factors from AP–42 and the                     requirements of 1 CFR 51.5, EPA is                     mandate or significantly or uniquely
                                                 national study, provides a significant                  proposing to incorporate by reference                  affect small governments, as described
                                                 margin of safety from the 100 tpy Part                  the GA EPD Rule 391–3–1–.03(11)(b)6—                   in the Unfunded Mandates Reform Act
                                                 70 program threshold. Estimated PM2.5                   Cotton ginning operations, effective                   of 1995 (Pub. L. 104–4);
                                                 emissions would be much lower due to                    March 26, 2003, which revises                             • Does not have Federalism
                                                 the significantly lower emission factor                 permitting requirements for cotton                     implications as specified in Executive
                                                                                                         ginning operations. EPA has made, and                  Order 13132 (64 FR 43255, August 10,
                                                   9 Boykin, J.C., Buser, M.D., Whitelock, D.P., and     will continue to make, these materials                 1999);
                                                 Holt, G.A., (multiple articles), Journal of Cotton      generally available through                               • Is not an economically significant
                                                 Science, 18:173–182, 183–194, 195–206, 216–225,
                                                 248–257, 258–267, 300–308, and 338–347 (2014),          www.regulations.gov and at the EPA                     regulatory action based on health or
                                                 available at http://www.cotton.org/journal/2014-18/     Region 4 office (please contact the                    safety risks subject to Executive Order
                                                 index.cfm.                                              person identified in the FOR FURTHER                   13045 (62 FR 19885, April 23, 1997);
                                                   10 Boykin, J.C., Buser, M.D., Whitelock, D.P., and
                                                                                                         INFORMATION CONTACT section of this                       • Is not a significant regulatory action
                                                 Holt, G.A., (several articles), Journal of Cotton
                                                 Science, 17:309–319, 320–332, 333–345, 357–367,         preamble for more information).                        subject to Executive Order 13211 (66 FR
                                                 391–401; 402–413, 447–456, 489–499; and 357–367                                                                28355, May 22, 2001);
                                                 (2013), available at http://www.cotton.org/journal/
                                                                                                         IV. Proposed Action                                       • Is not subject to requirements of
                                                 2013-17/index.cfm.                                        EPA is proposing to approve a portion                section 12(d) of the National
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                   11 See generally Eastern Research Group, Inc.,
                                                                                                         of the State of Georgia’s April 11, 2003               Technology Transfer and Advancement
                                                 Recommended Procedures for Development of
                                                 Emissions Factors and Use of the WebFIRE
                                                                                                         submittal. Specifically, EPA is                        Act of 1995 (15 U.S.C. 272 note) because
                                                 Database (No. EPA–453/D–13–001) (August 2013),          proposing to approve the change to GA                  application of those requirements would
                                                 available at http://www.epa.gov/ttnchie1/efpac/         EPD Rule 391–3–1–.03(11)(b)6—Cotton                    be inconsistent with the CAA; and
                                                 procedures/procedures81213.pdf.
                                                   12 See Thomas W. Moore, Proposed Updates for
                                                                                                         ginning operations. EPA believes that                     • Does not provide EPA with the
                                                 AP–42 Cotton Gin Emission Factors, p. 82 table 27b,
                                                                                                         the proposed change to the regulatory                  discretionary authority to address, as
                                                 M.S. Thesis, Oklahoma State University (May             portion of the SIP is consistent with                  appropriate, disproportionate human
                                                 2015).                                                  section 110 of the CAA and meets the                   health or environmental effects, using


                                            VerDate Sep<11>2014   16:32 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00036   Fmt 4702   Sfmt 4702   E:\FR\FM\16APP1.SGM   16APP1


                                                                          Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Proposed Rules                                             16279

                                                 practicable and legally permissible                     ADDRESSES:   Submit your comments,                        On September 20, 2016 (81 FR 64354),
                                                 methods, under Executive Order 12898                    identified by Docket ID No. EPA–R04–                   EPA approved in a final action,
                                                 (59 FR 7629, February 16, 1994).                        OAR–2017–0740 at http://                               Tennessee’s July 15, 2016, SIP revision
                                                   The SIP is not approved to apply on                   www.regulations.gov. Follow the online                 that changed Tennessee Gasoline
                                                 any Indian reservation land or in any                   instructions for submitting comments.                  Dispensing Facilities, Stage I and II
                                                 other area where EPA or an Indian tribe                 Once submitted, comments cannot be                     Vapor Recovery, rule 1200–03–18–.24.
                                                 has demonstrated that a tribe has                       edited or removed from Regulations.gov.                to: (1) Allow for the removal of the Stage
                                                 jurisdiction. In those areas of Indian                  EPA may publish any comment received                   II requirement and the orderly
                                                 country, the rule does not have tribal                  to its public docket. Do not submit                    decommissioning of Stage II equipment;
                                                 implications as specified by Executive                  electronically any information you                     and (2) incorporate by reference Federal
                                                 Order 13175 (65 FR 67249, November 9,                   consider to be Confidential Business                   rule 40 CFR part 63, subpart CCCCCC,
                                                 2000), nor will it impose substantial                   Information (CBI) or other information                 and remove certain non-state-specific
                                                 direct costs on tribal governments or                   whose disclosure is restricted by statute.             requirements for the Stage I.
                                                 preempt tribal law.                                     Multimedia submissions (audio, video,                  II. Analysis of the State’s Submittal
                                                                                                         etc.) must be accompanied by a written
                                                 List of Subjects in 40 CFR Part 52                                                                                On November 11, 2017, TDEC
                                                                                                         comment. The written comment is
                                                   Environmental protection, Air                         considered the official comment and                    submitted a SIP revision to EPA seeking
                                                 pollution control, Incorporation by                     should include discussion of all points                to add clarity for the benefit of the
                                                 reference, Intergovernmental relations,                 you wish to make. EPA will generally                   regulated community with gasoline
                                                 Nitrogen dioxide, Ozone, Particulate                    not consider comments or comment                       dispensing facilities. Tennessee is
                                                 matter, Reporting and recordkeeping                     contents located outside of the primary                making a minor change to its rules
                                                 requirements, Sulfur oxides, Volatile                   submission (i.e., on the web, cloud, or                regarding gasoline dispensing facilities
                                                 organic compounds.                                      other file sharing system). For                        (GDF) at subparagraph (1)(d) of rule
                                                                                                         additional submission methods, the full                1200–03–18–.24—‘‘For any GDF
                                                    Authority: 42 U.S.C. 7401 et seq.                                                                           otherwise exempt from subparagraph (c)
                                                                                                         EPA public comment policy,
                                                   Dated: April 5, 2018.                                                                                        of this paragraph based on monthly
                                                                                                         information about CBI or multimedia
                                                 Onis ‘‘Trey’’ Glenn, III,                               submissions, and general guidance on                   throughput, if the GDF ever exceeds the
                                                 Regional Administrator, Region 4.                       making effective comments, please visit                applicability threshold specified in
                                                 [FR Doc. 2018–07899 Filed 4–13–18; 8:45 am]             http://www2.epa.gov/dockets/                           subparagraph (c) of this paragraph, it
                                                                                                                                                                shall be subject to the requirements of
                                                 BILLING CODE 6560–50–P                                  commenting-epa-dockets.
                                                                                                                                                                subparagraph (c) of this paragraph and
                                                                                                         FOR FURTHER INFORMATION CONTACT:                       shall remain subject to those
                                                 ENVIRONMENTAL PROTECTION                                Kelly Sheckler, Air Regulatory                         requirements even if its throughput later
                                                 AGENCY                                                  Management Section, Air Planning and                   falls below the threshold. The owner or
                                                                                                         Implementation Branch, Air, Pesticides                 operator shall inform the Technical
                                                 40 CFR Part 52                                          and Toxics Management Division, U.S.                   Secretary within 30 days following the
                                                                                                         Environmental Protection Agency,                       exceedance.’’ The revision clarifies the
                                                 [EPA–R04–OAR–2017–0740; FRL–9976–81–                    Region 4, 61 Forsyth Street SW, Atlanta,               meaning and application of
                                                 Region 4]                                               Georgia 30303–8960. The telephone                      subparagraph (1)(d) of rule 1200–03–18–
                                                                                                         number is (404) 562–9222. Ms. Sheckler                 .24 by adding the words ‘‘ever’’ and
                                                 Air Plan Approval; Tennessee;                           can also be reached via electronic mail                ‘‘and shall remain subject to those
                                                 Revisions to Stage I and Stage II Vapor                 at sheckler.kelly@epa.gov.                             requirements’’ italicized above.
                                                 Recovery Requirements                                                                                             In addition, this revision replaces the
                                                                                                         SUPPLEMENTARY INFORMATION:                             phrase ‘‘the effective date of this rule’’
                                                 AGENCY:    Environmental Protection                     I. Background                                          with the actual effective date of the rule
                                                 Agency.                                                                                                        (July 14, 2016) and replaces ‘‘three years
                                                 ACTION: Proposed rule.                                     On July 15, 2016, Tennessee                         after effective date’’ with the actual date
                                                                                                         submitted a SIP revision to EPA seeking                of the rule for compliance (August 14,
                                                 SUMMARY:   The Environmental Protection                 to modify SIP requirements related to                  2019). Finally, this revision adds the list
                                                 Agency (EPA) is proposing to approve a                  Stage II and Stage I vapor recovery                    of counties (Davidson, Rutherford,
                                                 State Implementation Plan (SIP)                         systems. In relation to Stage II, TDEC                 Shelby, Sumner, Knox, Anderson,
                                                 revision submitted by the State of                      sought the removal of the Stage II vapor               Williamson and Wilson) that need to
                                                 Tennessee through the Tennessee                         recovery requirements from Tennessee                   report to their permitting authority (if
                                                 Department of Environment and                           Air Pollution Control Regulation TAPCR                 they emit more than 25 tons in a
                                                 Conservation (TDEC) on November 11,                     1200–3–18–.24 through two                              calendar year) and the cross reference to
                                                 2017, for the purpose of establishing                   mechanisms: (1) The addition of                        the existing reporting requirement in
                                                 minor changes to the gasoline                           requirements for decommissioning; and                  rule 1200–03–18–.02 to simplify the
                                                 dispensing regulations, including                       (2) the phase out of the Stage II vapor                issuances of notices of authorization
                                                 adding clarifying language and effective                recovery systems over a 3-year period                  under pending permit-by-rule
                                                 and compliance dates and specifying                     from January 1, 2016, to January 1, 2019,              provisions.
                                                 the counties subject to the reporting                   in Davidson, Rutherford, Sumner,                          Pursuant to CAA section 110(l), the
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 requirement rule. EPA has preliminarily                 Williamson and Wilson Counties. TDEC                   Administrator shall not approve a
                                                 determined that Tennessee’s November                    also sought to amend the Stage I                       revision of a plan if the revision would
                                                 11, 2017, SIP revision is approvable                    requirements for gasoline dispensing                   interfere with any applicable
                                                 because it is consistent with the Clean                 facilities by adopting by reference the                requirement concerning attainment and
                                                 Air Act (CAA or Act) and with EPA’s                     federal requirements of 40 CFR part 63,                reasonable further progress (as defined
                                                 regulations and guidance.                               subpart CCCCCC and removing from the                   in CAA section 171), or any other
                                                 DATES: Comments must be received on                     SIP the state-specific language for Stage              applicable requirement of the Act. The
                                                 or before May 16, 2018.                                 I vapor recovery.                                      State’s addition of clarifying language,


                                            VerDate Sep<11>2014   16:32 Apr 13, 2018   Jkt 244001   PO 00000   Frm 00037   Fmt 4702   Sfmt 4702   E:\FR\FM\16APP1.SGM   16APP1



Document Created: 2018-04-14 02:19:12
Document Modified: 2018-04-14 02:19:12
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 May 16, 2018.
ContactRichard Wong, 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, or Joel Huey, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Wong can be reached by telephone at (404) 562-8726 or via electronic mail at [email protected] Mr. Huey can be reached by telephone at (404) 562-9104 or via electronic mail at [email protected]
FR Citation83 FR 16276 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR