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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules the areas nonattainment designation, and subsequent statements are due at least annually thereafter.
In 1996, EPA incorporated Georgia Rule 39131.026a4, Emissions Statements, into the SIP. See 61 FR 3819
February 2, 1996. At that time, this regulation applied to stationary sources within Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale Counties.
Georgia subsequently amended the regulation to, among other things, include Bartow and Newton Counties thereby covering the entire Atlanta Area. EPA incorporated these amendments into the SIP in 2009. See 74 FR 62249 November 27, 2009. In Georgias July 2, 2020, SIP revision, Georgia certified that this SIP-approved regulation meets the requirements of CAA Section 182a3B for the Area.5
Georgias SIP-approved regulation at 39131.026a4iii states that the emissions statements requirements in 39131.026a4 apply to all stationary sources of nitrogen oxides or volatile organic compounds which emit more than 25 tons per calendar of either pollutant and are located in Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding, or Walton counties. Pursuant to section 182a3B, however, emissions statements are required for all sources that emit 25 tons per year or more of either pollutant if the waiver criteria are met. Therefore, Georgia requested conditional approval of its July 2, 2020, SIP revision and committed to satisfy section 182a3B for the 2015 8-hour ozone NAAQS by revising Georgia Rule 39131.026a4iii so that emissions reporting is also required for sources that emit exactly 25 tons of VOC or NOX
per calendar year. The State committed to adopt this rule revision no later than one year after EPAs conditional approval of Georgias July 2, 2020, SIP
revision.
On June 28, 2021, Georgia submitted a draft SIP revision for parallel processing to supplement the July 2, 2020 SIP revision. The June 28, 2021, submittal includes the new draft of Georgia Rule 39131.026a4iii and states that the aforementioned change to the rule was presented to the Georgia Department of Natural Resources Board 5 As discussed in the preamble to the SIP
Requirements Rule, a state may rely on emissions statement rules in force and approved by EPA for the 2015 8-hour ozone NAAQS provided that the rules remain adequate and cover all portions of the 2015 ozone NAAQS nonattainment areas. See 83 FR
62998 December 6, 2018.

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of Directors DNR Board for adoption at its September 28, 2021, meeting, along with changes to the rule to reflect only the counties comprising the Atlanta Area. The submittal says that the changes will be submitted to EPA as a SIP revision. The draft June 28, 2021, SIP revision was submitted in final form on November 4, 2021.
As allowed by CAA section 182a3Bii, Georgia waived the emissions statements requirement for stationary sources emitting less than 25
tpy of NOX or VOC because the State included these emissions in an emissions inventory it submitted to EPA
pursuant to CAA section 182a1 for the Atlanta Area. CAA section 182a3Bii allows the state to waive the application of emissions statements requirements to any class or category of stationary sources which emit less than 25 tons per year of VOC or NOX if the State, in its submissions under section 182a1 or 182a3A,6 provides an inventory of emissions from such class or category of sources, based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator.
Pursuant to CAA Section 182a1, Georgia is required to submit a comprehensive, accurate, current inventory of actual emissions from all sources, as described in CAA section 172c3, in accordance with guidance provided by the Administrator. CAA
Section 172c3 states, Such plan provisions shall include a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutant or pollutants in such area including such periodic revisions as the Administrator may determine necessary to assure that the requirements of this part are met.
Georgias July 2, 2020, SIP revision includes an emissions inventory submitted pursuant to CAA section 182a1 and states that it was prepared consistent with 83 FR 62998, Implementation of the 2015 National Ambient Air Quality Standards for Ozone: Nonattainment Area State Implementation Plan Requirements, and 40 CFR part 51.1315. Stationary sources emitting less than 25 tpy of NOX
or VOC are included in Georgias inventory in accordance with CAA
section 182a3Bii.
The emissions inventory that GA EPD
provided in its submission to satisfy the requirements in section 182a1 of the CAA is included in the docket for this rulemaking. EPA has proposed to approve the emissions inventory portion 6 CAA section 182a3A contains a triennial emissions inventory requirement.

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of the July 2, 2020, SIP submission in a separate rulemaking. Given the waiver criteria in section 182a3Bii, EPA
cannot approve the emissions statement portion of the July 2, 2020, SIP
submission as proposed herein unless EPA finalizes approval of the emissions inventory portion of the submission in that separate rulemaking.
EPA has preliminarily determined that Georgias revised emissions statements regulation meets the requirements under CAA section 182a3B and the SIP Requirements Rule for the 2015 8-hour ozone NAAQS.
Therefore, a conditional approval of the July 2, 2020, SIP submittal is no longer necessary. Accordingly, EPA is proposing to approve the July 2, 2020, SIP submittal, as updated by the November 4, 2021, SIP submittal.
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 the requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Rule 39131.026a4iii, stateeffective October 25, 2021. 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 July 2, 2020, SIP revision, as updated by the November 4, 2021, SIP submittal, related to the emissions statements requirements for the 2015 8-hour ozone NAAQS for the Atlanta Area. EPA has preliminarily determined that Georgias SIP revisions requesting approval meet the requirements of CAA section 182a3B.7 EPA proposes to find that the aforementioned submissions meet the requirements of sections 110 and 182 of 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. 7410k; 40 CFR 52.02a.
Thus, in reviewing SIP submissions, EPAs role is to approve state choices, provided they meet the criteria of the 7 As discussed in section II, EPA cannot approve the emissions statement portion of the July 2, 2020, SIP submission as proposed herein unless EPA
finalizes approval of the emissions inventory portion of the submission.

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