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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules
requirements for the 2015 8-hour ozone National Ambient Air Quality Standards NAAQS for the Atlanta Area, comprised of the counties of Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry. This action is being proposed pursuant to the Clean Air Act CAA or Act and its implementing regulations.
DATES: Comments must be received on or before January 3, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR04
OAR20200406 at 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 www2.epa.gov/dockets/commentingepa-dockets.
FOR FURTHER INFORMATION CONTACT:
Pearlene Williams, Air Regulatory Management Section, Air Planning and Implementation Branch, Air and Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 303038960.
The telephone number is 404 562
9144. Ms. Williams can also be reached via electronic mail at williams.pearlene@epa.gov.
SUPPLEMENTARY INFORMATION:

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I. Background The New Source Review NSR
program is a preconstruction permitting program that requires certain stationary sources of air pollution to obtain permits prior to beginning construction.
The NSR permitting program applies to new construction and modification of existing sources. New construction and modifications that emit regulated NSR
pollutants over certain thresholds are subject to major NSR requirements, while smaller emitting sources and
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modifications may be subject to minor NSR requirements.
Major NSR permits for sources that are in attainment or unclassifiable areas are referred to as Prevention of Significant Deterioration PSD permits.
Major NSR permits for sources in nonattainment areas and that emit pollutants above the specified thresholds for which the area is in nonattainment are referred to as NNSR
permits.
A new stationary source is subject to major NSR requirements if its potential to emit a regulated NSR pollutant exceeds certain emission thresholds. If it exceeds the applicable threshold, the NSR regulations define it as a major stationary source. An existing major stationary source triggers major NSR
permitting requirements when it undergoes a major modification, which occurs when a source undertakes a physical change or change in method of operation i.e., a project that would result in: 1 A significant emissions increase from the project, and 2 a significant net emissions increase from the source. See, e.g., 40 CFR
51.165a1vA and 40 CFR
51.165a1xxxix.
On October 1, 2015, EPA promulgated a revised 8-hour NAAQS of 0.070 parts per million ppm. See 80 FR 65292
October 26, 2015. Upon promulgation of a new or revised ozone NAAQS, section 107d of the CAA requires EPA
to designate as nonattainment any area that is violating the NAAQS or that contributes to ambient air quality in a nearby area that is violating the NAAQS. As part of the designations process for the 2015 8-hour ozone NAAQS, the Atlanta Area 1 was designated as a Marginal ozone nonattainment area, effective August 3, 2018. See 83 FR 25776 June 4, 2018.
Areas that were designated as Marginal ozone nonattainment areas were required to attain the 2015 8-hour ozone NAAQS no later than three years after the effective date of designation.
See 40 CFR 51.1303.
On December 6, 2018, EPA issued a final rule entitled Implementation of the 2015 National Ambient Air Quality Standards for ozone: State Implementation Plan Requirements SIP Requirements Rule, which establishes the requirements that state, tribal, and local air quality management agencies must meet as they develop implementation plans for areas where air quality exceeds the 2015 8-hour 1 The Atlanta nonattainment area for the 2015 8hour ozone NAAQS consists of the following counties: Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry.

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ozone NAAQS. See 83 FR 62998; 40
CFR part 51, subpart CC.
Based on the nonattainment designation for the 2015 8-hour ozone standard, Georgia was required to develop a SIP revision addressing the requirements of CAA sections 172c5
and 173 for the Atlanta Area. See 42
U.S.C. 7502c. Section 172c5 of the CAA requires each state with a nonattainment area to submit a SIP
revision requiring NNSR permits in the nonattainment area in accordance with the permitting requirements of CAA
section 173.2 The minimum SIP
requirements for NNSR permitting for the 2015 8-hour ozone NAAQS are located in 40 CFR 51.165. See 40 CFR
51.1314. On July 2, 2020, Georgia submitted a SIP revision addressing, among other things,3 permit program requirements i.e., NNSR for the 2015
8-hour ozone NAAQS for the Atlanta Area. EPAs analysis of how this SIP
revision addresses the NNSR
requirements for the 2015 8-hour ozone NAAQS is provided below.
II. Analysis of the States Submittal Georgias longstanding SIP-approved NNSR program, established in Rule 39131.038, Permit Requirements, applies to the construction and modification of major stationary sources in nonattainment areas. In its July 2, 2020, SIP revision, Georgia certifies that the version of Rule 39131.038 in the SIP satisfies the federal NNSR
requirements for the Atlanta Area. EPA
approved Georgias NNSR certification for the 2008 8-hour ozone NAAQS
Atlanta metropolitan nonattainment area 4 into the Georgia SIP on March 22, 2017. See 82 FR 14611. The SIPapproved version of Rule 39131
.038 has been updated three times since that 2017 rulemaking.
On October 16, 2017, this rule was updated to revise NSR permitting regulations to be consistent with federal regulations. EPA approved changes to Rule 39131.038, Permit Requirements, at paragraph g, which revised NNSR rules, and at paragraph d. See 82 FR 47993.
In a January 16, 2020, rulemaking, EPA approved additional changes to Georgias NNSR permitting rules in 2 CAA Section 173 requires, among other things, emissions offsets. The emissions offset ratio for Marginal ozone nonattainment areas is found in CAA section 182a4.
3 The other elements of this submittal are being addressed in separate rulemakings.
4 The former Atlanta nonattainment area for the 2008 8-hour ozone NAAQS, which has since been redesignated to attainment, consists of the following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale.

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