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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules 39131.038, reflecting Georgias redesignation to attainment for the 2008
8-hour ozone NAAQS for metro Atlanta counties, and designation of the Atlanta Area as a Marginal nonattainment area for the 2015 ozone NAAQS. See 85
FR 2646. Specifically, EPA approved changes to NNSR permitting requirements in Rule 39131.038
that removed the NNSR provisions previously applicable to the counties that were part of the Atlanta 1-hour ozone Area and removed references to that provision, since they no longer applied. In addition, permitting requirements were applied to certain electric generating units EGUs located in counties within the maintenance area for the 1997 8-hour ozone NAAQS.5
Additionally, on September 16, 2020, EPA approved clarifying and ministerial changes to permitting regulations at Rule 39131.038, Permit Requirements. See 85 FR 57694. That action also changed the status of five counties under paragraph e, which specifies counties that are contributing to the ambient air level of ozone in the listed metropolitan Atlanta counties including the counties in the current nonattainment area for the 2015 8-hour ozone NAAQS, and approved other minor typographical edits to other subparagraphs for consistent formatting.
Lastly, Rule 39131.038c requires emissions offsets for several counties within and surrounding the metropolitan Atlanta Nonattainment Area including the counties in the current nonattainment area for the 2015
8-hour ozone NAAQS. This rule continues to exceed the required offset ratios for Marginal ozone nonattainment areas in CAA section 182a4.
The current SIP-approved version of Rule 39131.038, Permit Requirements, covers the entire Atlanta Area and remains adequate to meet all applicable NNSR requirements for the 2015 8-hour ozone NAAQS. EPA is therefore proposing to approve Georgias certification that Rule 39131.038
meets the NNSR requirements for implementation of the 2015 ozone NAAQS.

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III. Proposed Action EPA is proposing to approve Georgias SIP revision addressing the NNSR
requirements for the 2015 8-hour ozone NAAQS for the Atlanta Area, submitted on July 2, 2020. EPA has concluded that Georgias submission fulfills the 40 CFR
51.1314 requirement and meets the requirements of CAA sections 172c5
5 An area redesignated from nonattainment to attainment is referred to as a maintenance area.

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and 173 and the minimum SIP
requirements of 40 CFR 51.165.
IV. 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided that they meet the criteria of the CAA. This proposed 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;
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. 1044;
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 12d 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
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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 Oxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: November 26, 2021.
John Blevins, Acting Regional Administrator, Region 4.
FR Doc. 202126139 Filed 12121; 8:45 am BILLING CODE 656050P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR04OAR20200401; FRL930501
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Air Plan Approval; Georgia; Emissions Statements Requirements for the 2015
8-Hour Ozone Standard Atlanta Nonattainment Area Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve state implementation plan SIP
revisions submitted by the State of Georgia through the Georgia Environmental Protection Division GA
EPD on July 2, 2020, and November 4, 2021. Both submittals address the emissions statements requirements for the 2015 8-hour ozone national ambient air quality standards NAAQS for the Atlanta, Georgia 2015 8-hour ozone nonattainment area hereinafter referred to as the Atlanta Area. These requirements apply to all ozone nonattainment areas. The Atlanta Area is comprised of seven counties in and around metropolitan Atlanta Bartow, Clayton, Cobb, DeKalb, Fulton, Gwinnett, and Henry. This action is being proposed pursuant to the Clean Air Act CAA or Act.
DATES: Comments must be received on or before January 3, 2022.
ADDRESSES: Submit your comments, identified by Docket ID No. EPAR04
OAR20200401 at www.regulations.gov. Follow the online instructions for submitting comments.
Once submitted, comments cannot be edited or removed from Regulations.gov.
SUMMARY:

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