[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33168-33171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15147]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0116; FRL-9980-80--Region 4]
Air Plan Approval; Georgia; Revisions to VOC Definitions and
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
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SUMMARY: On November 13, 2017, the State of Georgia through the Georgia
Environmental Protection Division (EPD), submitted revisions to the
Georgia State Implementation Plan (SIP). The Environmental Protection
Agency (EPA) is proposing to approve SIP revisions, which modify the
State's air quality regulations as incorporated into the SIP.
Specifically, the revisions pertain to definition changes, including
the modification of the definition of ``volatile organic compounds,''
(VOC) and changes to the State's air quality standards for sulfur
dioxide (SO2), particulate matter (both PM2.5 and
PM10), carbon monoxide (CO), ozone (O3), lead
(Pb) and nitrogen dioxide (NO2) to be consistent with the
National Ambient Air Quality Standards (NAAQS). EPA is proposing to
approve these provisions of the SIP revisions because the State has
demonstrated that these changes are consistent with the Clean Air Act
(CAA or Act).
DATES: Comments must be received on or before August 16, 2018.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0116 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: Tiereny Bell, 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) 562-9088. Ms. Bell can also
be reached via electronic mail at [email protected].
I. Background
In this rulemaking, EPA is proposing to approve changes into the
Georgia SIP, submitted by the State on November 13, 2017. The
submission revises Rule 391-3-1-.01, ``Definitions'' by adding t-Butyl
acetate (also known as tertiary butyl acetate or TBAC) and 1,1,2,2-
Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to the list of organic
compounds having negligible photochemical reactivity. The definition of
VOC is also being updated by removing the recordkeeping requirements
for t-Butyl acetate. Finally, the definition of VOC is being revised to
include chemical names to clarify previous exemptions. EPA is also
proposing to approve changes into the Georgia SIP to amend Rule 391-3-
1-.02(4), ``Ambient Air Standards,'' by updating Georgia's air quality
standard to be consistent with the NAAQS. The submittal by the State
can be found in the docket for this rulemaking at www.regulations.gov
and is further summarized below. Also on November 29, 2017, EPD
submitted a separate SIP revision to make changes to Rule 391-3-
1-.03(6), ``Exemption'' under Permits and Rule 391-3-1-.02(7)(a)(1),
``General Requirements'' under Prevention of Significant Deterioration
(PSD). EPA will address these changes in a separate notice.
Additionally, EPD withdrew from EPA's consideration, Rule 391-3-
1-.02(7)(a)2(ix), ``Regulated NSR pollutant'' under PSD, and Rule 391-
3-1-.03(8)(c)(16), ``Additional Provisions for PM2.5 Non-
Attainment Areas'' under Permits.\1\
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\1\ The State withdrew Rule 391-3-1-.02(7)(a)2(ix), ``Regulated
NSR pollutant'' and Rule 391-3-1-.03(8)(c)(16), ``Additional
Provisions for PM2.5 Non-Attainment Areas'' on December
1, 2016, and July 26, 2017, respectively. The State also
acknowledges this in the response to comment of the pre-hearing in
the November 13, 2017, submittal. The information is in the Docket.
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[[Page 33169]]
II. EPA's Analysis of Georgia's SIP Revisions
a. Revisions to Definitions
Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOX) react in the atmosphere in the
presence of sunlight. Because of the harmful health effects of ozone,
EPA and state governments implement rules to limit the amount of
certain VOC and NOX that can be released into the
atmosphere. VOC have different levels of reactivity; they do not react
at the same speed or do not form ozone to the same extent. Section
302(s) of the CAA specifies that EPA has the authority to define the
meaning of ``VOC,'' and hence what compounds shall be treated as VOC
for regulatory purposes.
EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. It has been EPA's policy that compounds of carbon with
negligible reactivity need not be regulated to reduce ozone and should
be excluded from the regulatory definition of VOC. See 42 FR 35314
(July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these
compounds in its regulations at 40 CFR 51.100(s) and excludes them from
the definition of VOC. The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically revise the list of
negligibly reactive compounds to add or delete compounds.
On November 29, 2004,\2\ and August 1, 2016,\3\ EPA issued final
rules revising the definition of VOC by adding new compounds, t-Butyl
acetate and 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane, to
the list of those considered to be negligibly reactive compounds, and
on February 25, 2016 (81 FR 9339), EPA issued a final rule removing
recordkeeping, emissions reporting, photochemical dispersion modeling,
and inventory requirements for t-Butyl acetate.\4\ The State's November
13, 2017, SIP revision adds t-Butyl acetate and 1,1,2,2-Tetrafluoro-1-
(2,2,2-trifluoroethoxy) ethane to the list of negligibly reactive
compounds to be consistent with federal and other similar SIP-approved
regulations. They are excluded from the VOC definition on the basis
that they make a negligible contribution to tropospheric ozone
formation. The revision also removes the recordkeeping requirements for
t-Butyl acetate and includes the addition of certain chemical names to
clarify previous exemptions: Dichloromethane; HFE-7100; HFE-7200;
HCOOCH3; and HFE-7300. EPA is proposing to approve this revision
because it is consistent with the definition of VOC at 40 CFR
51.100(s).
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\2\ In EPA's November 29, 2004, final rulemaking, the Agency
adds t-Butyl acetate to the list of excluded compounds from the
definition of VOCs. See 69 FR 69298.
\3\ In EPA's August 1, 2016, final rulemaking, the Agency adds
1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) ethane to the list of
excluded compounds from the definition of VOCs. See 81 FR 50330.
\4\ EPA removed these requirements in part because there was no
evidence that TBAC was being used at levels that cause concern for
ozone formation and because the data that had been collected under
these requirements had proven to be of limited utility in judging
the cumulative impacts of exempted compounds. See 81 FR 9339.
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Pursuant to CAA section 110(l), 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, or any other applicable requirement of the Act. The State's
addition of certain chemical names is approvable under section 110(l)
because the revision merely clarifies previous exemptions. The State's
addition of exemptions from the definition of VOCs, and the removal of
recordkeeping, emissions reporting, photochemical dispersion modeling,
and inventory requirements for t-Butyl acetate \5\ are approvable under
section 110(l) because they reflect changes to Federal regulations
based on findings that the exempted compounds are negligibly reactive,
and additionally for t-Butyl acetate, that there was no evidence it was
being used at levels that cause concern for ozone formation, and the
data that had been collected under the recordkeeping, emissions
reporting, photochemical dispersion modeling, and inventory
requirements had proven to be of limited utility in judging it's
cumulative impact.
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\5\ This current proposed rulemaking does not, and is not
intended to, reopen any prior final EPA rulemaking or findings made
therein, including EPA's 2004 final rule (69 FR 69298) and EPA's
2016 final rule (81 FR 9339).
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b. Updated NAAQS
The November 13, 2017, SIP submission revises the State's ambient
air quality standards to reflect the historical and current NAAQS for
SO2, PM10, PM2.5, CO, O3,
Pb, and NO2. Specifically, the revisions add provisions
related to the 2015 ozone NAAQS to the State's regulations, and modify
language in the regulations to provide clarity and consistency with the
NAAQS.
Sections 108 and 109 of the CAA govern the establishment, review,
and revision, as appropriate, of the NAAQS to protect public health and
welfare. The CAA requires periodic review of the air quality criteria--
the science upon which the standards are based--and the standards
themselves. EPA's regulatory provisions that govern the NAAQS are found
at 40 CFR 50--National Primary and Secondary Ambient Air Quality
Standards. In this rule, EPA is proposing to approve the portions of
the revisions to the State of Georgia air quality regulations
addressing Rule 391-3-1-.02(4), Ambient Air Standards, in the Georgia
SIP, submitted by Georgia on November 13, 2017. Rule 391-3-1-.02(4) is
amended by updating air quality standards to reflect the most recent
NAAQS. The SIP submission amending the State of Georgia regulations to
incorporate the most recent SO2, particulate matter (both
PM2.5 and PM10), CO, O3, Pb and
NO2 NAAQS can be found in the docket for this rulemaking at
www.regulations.gov and is summarized below.
i. SO2
On June 22, 2010, EPA promulgated a revised primary SO2
NAAQS to an hourly standard of 75 parts per billion (ppb), based on a
3-year average of the annual 99th percentile of 1-hour daily maximum
concentrations, and revoked the 24-hour SO2 NAAQS. See 75 FR
35520. Accordingly, in the November 13, 2017, SIP submission, Georgia
revised Rule 391-3-1-.02(4)(b) to update its primary air quality
standards for SO2 to be consistent with the NAAQS
promulgated by EPA in 2010, with the exception of Rule 391-3-
1-.02(4)(b)2 and 391-3-1-.02(4)(b)3.\6\ EPA is proposing to approve
this change because it is consistent with the SO2 NAAQS as
defined by EPA.
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\6\ The former primary SO2 NAAQS set forth in 40 CFR
50.4 will continue to apply to an area until one year after the
effective date of the designation of that area, pursuant to section
107 of the CAA, for the 2010 SO2 NAAQS set forth in Sec.
50.17. Therefore, Georgia is asking that EPA not act on the
SO2 NAAQS in Rule 391-3-1-.02(4)(b)2. and Rule 391-3-
1-.02(4)(b)3 until final designations are complete for all areas in
Georgia for the 2010 SO2 NAAQS.
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ii. PM
On July 18, 1997, EPA promulgated a new 24-hour primary and
secondary NAAQS for PM2.5 at a level of 65 micrograms per
cubic meter ([micro]g/m\3\), based on the 98th percentile of 24-hour
PM2.5 concentrations averaged over three years. EPA also
promulgated a new annual primary and secondary NAAQS for
PM2.5 at a level of 15.0 [micro]g/m\3\, based on the annual
arithmetic
[[Page 33170]]
mean averaged over three years. See 62 FR 38652. On October 17, 2006,
EPA revised the 24-hour primary and secondary PM2.5 NAAQS to
35 [micro]g/m\3\, based on the 98th percentile of 24-hour
PM2.5 concentrations averaged over three years. At that same
time, EPA revoked the annual PM10 NAAQS. See 71 FR 61144. On
December 14, 2012, EPA revised the primary annual NAAQS for
PM2.5 at a level of 12 [micro]g/m\3\, based on the annual
arithmetic mean averaged over three years. See 78 FR 3085; January 15,
2013. Accordingly, in the November 13, 2017, SIP submission, Georgia
revised Rule 391-3-1-.02(4) to update its air quality standards for
PM10 and PM2.5 to be consistent with the NAAQS
promulgated by EPA in 1997, 2006, and 2012. EPA is proposing to approve
this change because it is consistent with the PM10 and
PM2.5 NAAQS as defined by EPA.
iii. CO
EPA initially established the NAAQS for CO on April 30, 1971. The
standards were set at 9 parts per million (ppm), as an 8-hour average,
and 35 ppm, as a 1-hour average, neither to be exceeded more than once
per year. See 36 FR 8186. In 1985, EPA concluded its first periodic
review of the criteria and standards for CO. EPA decided not to revise
the existing primary standards and to revoke the secondary standard for
CO. See 50 FR 37484 (September 13, 1985). On August 1, 1994, EPA
concluded its second periodic review of the criteria and standards for
CO by deciding that revisions to the CO NAAQS were not warranted at
that time. Thus, the primary standards were retained at 9 ppm with an
8-hour averaging time, and 35 ppm with a 1-hour averaging time, neither
to be exceeded more than once per year. See 59 FR 38906.\7\ On August
31, 2011, EPA issued a final rulemaking concluding that the CO NAAQS
was still requisite to protect public health with an adequate margin of
safety and thus retained the CO NAAQS. See 76 FR 542494. Accordingly,
in the November 13, 2017, SIP submission, Georgia revised Rule 391-3-
1-.02(4) to update its air quality standards for CO to be consistent
with the current CO NAAQS. EPA is proposing to approve this change
because it is consistent with the CO NAAQS as defined by EPA.
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\7\ EPA initiated the next period review in 1997 but did not
conduct rulemaking to complete the review.
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iv. O3
On March 27, 2008, EPA promulgated a new 8-hour primary and
secondary NAAQS for ozone at a level of 0.075 ppm (the 2008 8-hour
Ozone NAAQS), based on an annual fourth-highest maximum 8-hour
concentration averaged over three years. See 73 FR 16436. On October
26, 2015, EPA promulgated a new primary and secondary NAAQS for ozone
at a level of 0.070 ppm (the 2015 8-hour Ozone NAAQS), based on an
annual fourth-highest maximum 8-hour concentration averaged over three
years. See 80 FR 65292. Accordingly, in the November 13, 2017, SIP
submission, Georgia revised Rule 391-3-1-.02(4) to add the 2015 8-hour
Ozone NAAQS promulgated by EPA in 2015. EPA is proposing to approve
this change because it is consistent with the ozone NAAQS as defined by
EPA.
v. Pb
On November 12, 2008, EPA promulgated a new 1-hour primary and
secondary NAAQS for Pb at a level of 0.15 [mu]g/m\3\, based on a
rolling 3-month average. See 73 FR 66964. Accordingly, in the November
13, 2017, SIP submission, Georgia revised Rule 391-3-1-.02(4) to update
its air quality standards for Pb to be consistent with the NAAQS
promulgated by EPA in 2008. EPA is proposing to approve this change
because it is consistent with the Pb NAAQS as defined by EPA.
vi. NO2
On February 9, 2010, EPA promulgated a new 1-hour primary NAAQS for
NO2 at a level of 100 parts per billion (ppb), based on a 3-
year average of the 98th percentile of the yearly distribution of 1-
hour daily maximum concentrations. See 75 FR 6474. Accordingly, in the
November 13, 2017, SIP submission, Georgia revised Rule 391-3-1-.02(4)
to update its air quality standards for NO2 to be consistent
with the NAAQS promulgated by EPA in 2010. EPA is proposing to approve
this change because it is consistent with the NO2 NAAQS as
defined by EPA.
EPA has reviewed the revisions to Rule 391-3-1-.02(4) in the
November 13, 2017, SIP submission, including the NAAQS updates for
SO2, PM10, PM2.5, CO, O3,
Pb, and NO2, and has made the preliminary determination that
these changes are consistent with the CAA. As mentioned above, EPA is
proposing to approve these changes to the NAAQS into the Georgia SIP.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Georgia Rule 391-3-1-.01, ``Definitions,'' effective July 20,
2017, which revises the definition of VOC; and Rule 391-3-1-.02(4),
``Ambient Air Standards,'' effective July 20, 2017, which revises the
State's ambient air quality standards to be consistent with the NAAQS.
EPA has made, and will continue to make, these materials generally
available through www.regulations.gov and at the EPA Region 4 Office
(please contact the person identified in the For Further Information
Contact section of this preamble for more information).
IV. Proposed Action
EPA is proposing to approve the State of Georgia's November 13,
2017, SIP revisions identified in section II above. These changes are
consistent with the CAA.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866.
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
[[Page 33171]]
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 2, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-15147 Filed 7-16-18; 8:45 am]
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