Reducing Power Plant Emissions:

EPA's New Proposed Rules For Mercury William H. Maxwell Combustion Group U. S. Environmental Protection Agency Office of Air Quality Planning and Standards Research Triangle Park, North Carolina Presentation to the WEST Associates Annual Meeting March 19, 2004 Tucson, Arizona AGENDA Annual Meeting March 18   19, 2004 Marriott University Park Hotel 880 E. 2nd Street Tucson, Arizona THURSDAY, MARCH 18, 2004 6: 15 PM Meet in lobby of Marriott for transportation to dinner at Arizona Inn 6: 30 PM Reception and Dinner Arizona Inn The Flandreau Room Presentation: " Past Oceans and Ice Sheets on Mars"

Dr. Robert Strom, Professor Emeritus, Planetary Sciences Department of Planetary Sciences and the Lunar and Planetary Laboratory The University of Arizona FRIDAY, MARCH 19, 2004 9: 00 AM Opening Comments Bill Edmonds 9: 15 AM Air Toxics  Utility MACT Rulemaking Bill Maxwell, OAQPS, EPA 10: 00 AM The Interstate Air Quality Rule,

Relevance to the WEST? Sam Napolitano, EPA s Clean Air Market Div.

Peter Tsirigotis, OAQPS 10: 45 AM Regional Air Quality Issues An Environmental Perspective Vicky Patton, Environmental Defense Fund The Western States Perspective Pat Cummins, WGA Noon Adjourn EPA Proposes to Reduce Utility Emissions EPA Proposes to Reduce Utility Emissions through Current CAA Authorities

through Current CAA Authorities

 Interstate Air Quality Rule Interstate Air Quality Rule ( IAQR) to address the ( IAQR) to address the contribution of transported SO contribution of transported SO2/ NO / NOx emissions to ozone emissions to ozone ( smog) and fine particle ( PM ( smog) and fine particle ( PM2.5 2.5) nonattainment problems in ) nonattainment problems in the Eastern U. S.

the Eastern U. S.

 Standards to Reduce Mercury Emissions and Standards to Reduce Mercury Emissions and Deposition Deposition   Section 112 standards Section 112 standards

Maximum achievable control technology ( MACT)

Maximum achievable control technology ( MACT)

Command Command and and control control

Take comment on trading options Take comment on trading options   State State implemented section 111 standards implemented section 111 standards

Emissions Guidelines and New Source Performance Standards Emissions Guidelines and New Source Performance Standards

Market Market based, cap based, cap and and trade program trade program Coal Coal Fired Power Plants Fired Power Plants

There are about There are about 530 power 530 power plants plants with with 305 305 GW of capacity GW of capacity that that consist of consist of about 1,300 about 1,300 units, of which units, of which 1,150 would be 1,150 would be covered covered.

Coal plants Coal plants generate the generate the vast majority of vast majority of power sector power sector emissions:

emissions:

 100% Hg 100% Hg  95% SO 95% SO 2  90% of NOx 90% of NOx  83% of CO 83% of CO 2 EPA uses the Integrated Planning Model ( IPM) to consider the emissions, costs, and fuel impacts of controlling pollution from these plants and all other fossil fuel fired generating units in the lower 48 States. The Agency adapted this commercial capacity planning tool for application to pollution control strategies. It was used in the WRAP process, by FERC for restructuring issues, by environmental groups, and power companies. Power Generation Is a Major Source of Emissions 2000 Sulfur Dioxide 2000 Nitrogen Oxides * Other stationary combustion includes residential and commercial sources.

1999 Mercury Fuel Combustionelectric utilities Other stationary combustion * Industrial Processing Transportation Miscellaneous Utilities ( 63%)

Utilities ( 40%) Utilities ( 22%)  Nitrogen Oxides Nitrogen Oxides ( NO ( NO x) contribute to the formation of ) contribute to the formation of both particulate matter ( PM) and ground both particulate matter ( PM) and ground level ozone.

level ozone.

 Sulfur Dioxide Sulfur Dioxide ( SO ( SO 2) contributes to particulate matter.

) contributes to particulate matter.

 Ozone and PM Ozone and PM have been linked with premature death,

have been linked with premature death,

serious illnesses such as chronic bronchitis and heart serious illnesses such as chronic bronchitis and heart attacks, and respiratory illnesses such asthma attacks, and respiratory illnesses such asthma exacerbations.

exacerbations.

 NO NO x and SO and SO 2 are also linked with acid rain,

are also linked with acid rain,

eutrophication of water bodies including estuaries such as eutrophication of water bodies including estuaries such as the Chesapeake Bay, and regional haze.

the Chesapeake Bay, and regional haze.

 Mercury Mercury has been linked to potential reproductive,

has been linked to potential reproductive,

immune and nervous system effects, with special immune and nervous system effects, with special concerns for pregnant women and young children.

concerns for pregnant women and young children.

Pollutants and Concerns Mercury Contamination in Fish   Currently 44 states have issue fish consumption advisories for some or all of their waters due to contamination from mercury.*

States with Fish Advisories Due to Mercury * Note: For more information about the relationship between fish advisories and human exposure to mercury, see the EPA Report   America's Children and the Environment: Measures of Contaminants, Body Burdens, and Illnesses

available at http:// yosemite. epa. gov/ o chp/ ochpweb. nsf/ content/

publications. htm Mercury Advisories by Type Advisories for specific waterbodies only Statewide freshwater advisory only Statewide coastal advisory No mercury advisory Statewide freshwater advisory +

advisories for specific waterbodies Proposal to Reduce Mercury Proposal to Reduce Mercury Emissions from the Emissions from the Power Sector Power Sector Proposed Alternatives to Reduce Mercury Proposed Alternatives to Reduce Mercury Emissions from the Power Sector Emissions from the Power Sector  3 individual approaches outlined in the January 30,

3 individual approaches outlined in the January 30,

2004 proposal 2004 proposal   Propose traditional, command Propose traditional, command and and control section 112 MACT control section 112 MACT requirements for utility units requirements for utility units

Reduces mercury emissions from 48 to 34 tons by January 2008 Reduces mercury emissions from 48 to 34 tons by January 2008   Propose cap Propose cap and and trade approach under guidelines outlined in section trade approach under guidelines outlined in section 112( n)( 1)( A)

112( n)( 1)( A)

  Propose market Propose market based, cap based, cap and trade approach under section 111 and trade approach under section 111

Revises December 20, 2000 finding that it is   appropriate and Revises December 20, 2000 finding that it is   appropriate and necessary  to regulate Utility Units under section 112 necessary  to regulate Utility Units under section 112

Caps mercury emissions at 15 tons in 2018; interim cap for 2010 Caps mercury emissions at 15 tons in 2018; interim cap for 2010 proposed to encourage early reductions in SO proposed to encourage early reductions in SO 2 and NO and NO x, generating , generating additional Hg emissions reductions additional Hg emissions reductions  Final approach to be determined following Final approach to be determined following completion of public hearings and close of public completion of public hearings and close of public comment period comment period   Final rule signed on/ before December 15, 2004 Final rule signed on/ before December 15, 2004 Section 112 MACT Section 112 MACT  Affected source definition Affected source definition   Electric Utility Steam Generating Unit ( Utility Unit)

Electric Utility Steam Generating Unit ( Utility Unit)

Any fossil fuel Any fossil fuel fired combustion unit of more than 25 MWe that serves fired combustion unit of more than 25 MWe that serves a generator that produces electricity for sale a generator that produces electricity for sale   Cogeneration Utility Unit Cogeneration Utility Unit   unit that generates steam and unit that generates steam and electricity and supplies more than one electricity and supplies more than one third of its potential electric third of its potential electric output capacity and more than 25 MWe output to any utility power output capacity and more than 25 MWe output to any utility power distribution system for sale distribution system for sale   Cogeneration is defined as the simultaneous production of power Cogeneration is defined as the simultaneous production of power ( electricity) and another form of useful thermal energy ( usually ( electricity) and another form of useful thermal energy ( usually steam or hot water) from a single fuel steam or hot water) from a single fuel consuming process consuming process   Non Non Utility Units, not subject to this rule Utility Units, not subject to this rule

Any unit that meets the above definition,

Any unit that meets the above definition, but but combusts natural gas combusts natural gas > 98% of the time > 98% of the time

Simple Simple and combined and combined cycle turbine units cycle turbine units

Industrial boilers Industrial boilers Existing Source MACT Limits Existing Source MACT Limits 4.1 0.38 Coal refuse fired 200 19.0 IGCC 98 9.2 Lignite fired 61 5.8 Subbituminous fired 21 2.0 Bituminous fired Hg ( 10 6 lb/ MWh) 1 Hg ( lb/ TBtu) 1 Subcategory 1   Based on a 12 month rolling average 0.002 210 Oil fired Ni ( lb/ MWh) 2 Ni ( lb/ TBtu) 2 Subcategory 2   Based on a not to exceed annual limit NOTE: Output based standards are referenced to a baseline efficiency ( 32% for existing units). New Source MACT Limits New Source MACT Limits 1.1 Coal refuse fired 20 3 IGCC 62 Lignite fired 20 Subbituminous fired 6.0 Bituminous fired Hg ( 10 6 lb/ MWh) 1 Subcategory 1   Based on a 12 month rolling average 3   Based on a 90% reduction for beyond the floor control 0.0008 Oil Fired Ni ( lb / MWh) 2 Subcategory 2   Based on a not to exceed annual limit NOTE: Output based standards are referenced to a baseline efficiency ( 35% for new units). Fuel Blending Fuel Blending  Coal Blending Coal Blending   Unit classified by the predominate coal burned during the Unit classified by the predominate coal burned during the compliance period compliance period   Unit classified by a   weighted emission limit  based on the Unit classified by a   weighted emission limit  based on the proportion of energy output ( in Btu) contributed by each coal ra proportion of energy output ( in Btu) contributed by each coal rank nk burned during the compliance period burned during the compliance period  If non If non regulated fuels are used ( e. g., petroleum regulated fuels are used ( e. g., petroleum coke, Tire coke, Tire derived Fuel [ TDF], etc.), the compliance derived Fuel [ TDF], etc.), the compliance calculation would include:

calculation would include:

  Energy output ( in Btu) of Energy output ( in Btu) of all all fuels fuels   Hg emissions considered would be Hg emissions considered would be all all measured by the stack measured by the stack monitor monitor   However, the blended emission limitation is based only on the However, the blended emission limitation is based only on the regulated fuels regulated fuels Monitoring and Compliance Monitoring and Compliance

Hg Testing and Monitoring Requirements Hg Testing and Monitoring Requirements   12 12 month rolling average Hg emission level month rolling average Hg emission level   Options for Hg monitoring Options for Hg monitoring

Continuous Emission Monitors ( CEM)

Continuous Emission Monitors ( CEM)

  Proposed Performance Specification 12A ( PS Proposed Performance Specification 12A ( PS 12A)

12A)

Carbon Absorption Tube Carbon Absorption Tube   Proposed Reference Method 324 Proposed Reference Method 324

Manual Stack Test Manual Stack Test   ASTM Method D6784 ASTM Method D6784 02 (" Ontario 02 (" Ontario Hydro")

Hydro")

  EPA Reference Method 29 EPA Reference Method 29

Emissions Averaging Provision for Hg Emissions Averaging Provision for Hg   Demonstrate compliance through averaging Hg emissions from multi Demonstrate compliance through averaging Hg emissions from multiple ple ( two or more) affected units located at a common, contiguous fac ( two or more) affected units located at a common, contiguous facility site ility site   Leads to a single applicable facility Leads to a single applicable facility wide emission limit wide emission limit

Ni Testing and Monitoring Requirements Ni Testing and Monitoring Requirements   Maximum allowable emission limit; not to be exceeded Maximum allowable emission limit; not to be exceeded   Options for Ni monitoring Options for Ni monitoring

EPA Reference Method 29 EPA Reference Method 29 Section 111 Proposal Section 111 Proposal  Section 111( b)

Section 111( b)   New Source Performance Standards New Source Performance Standards ( NSPS)

( NSPS)

  Requires EPA to promulgate standards of performance for Requires EPA to promulgate standards of performance for emissions of air pollutants from new sources emissions of air pollutants from new sources   Monitoring and compliance requirements are similar to the sectio Monitoring and compliance requirements are similar to the section 112 MACT requirements 112 MACT requirements 0.00082 Oil fired 1.11 Coal refuse fired 201 IGCC 621 Lignite fired 201 Subbituminous fired 6.01 Bituminous fired Emission Limit ( lb/ MWh)

Subcategory 1   Hg emissions 2   Ni emissions Section 111 Proposal ( continued)

Section 111 Proposal ( continued)

 Section 111( d)

Section 111( d)   Emission Guidelines ( EG)

Emission Guidelines ( EG)

  Requires EPA to prescribe regulations that outline a procedure b Requires EPA to prescribe regulations that outline a procedure by which which each State each State shall submit plans which create standards of shall submit plans which create standards of performance for existing sources for which air quality criteria performance for existing sources for which air quality criteria have have not been set but for which NSPS have been established not been set but for which NSPS have been established   Cap Cap and and Trade program reduces the overall amount of emissions Trade program reduces the overall amount of emissions by:

by:

Requiring sources to hold allowances to cover their emissions on Requiring sources to hold allowances to cover their emissions on a one one for for one basis one basis

Limiting overall allowances so that they cannot exceed specified Limiting overall allowances so that they cannot exceed specified levels levels ( i. e., the " cap level")

( i. e., the " cap level")

Reducing the cap to less than the amount of emissions actually Reducing the cap to less than the amount of emissions actually emitted, or allowed to be emitted, at the inception of the progr emitted, or allowed to be emitted, at the inception of the program am

Allowing for a declining cap over time Allowing for a declining cap over time

Creating market Creating market based incentives for early reductions based incentives for early reductions Section 111 Proposal ( continued)

Section 111 Proposal ( continued)

 Section 111 Section 111   Regulatory Approach Regulatory Approach   Primary goal is to reduce Utility Unit Hg emissions from current Primary goal is to reduce Utility Unit Hg emissions from current levels levels

2018 cap is permanent 2018 cap is permanent   Effectively becoming more stringent as more plants are required Effectively becoming more stringent as more plants are required to keep to keep their collective emissions below 15 tons their collective emissions below 15 tons

Near Near term interim cap in 2010 term interim cap in 2010   Level will reflect the maximum level of Hg reductions achievable Level will reflect the maximum level of Hg reductions achievable through through FGD and SCR installations ( for SO FGD and SCR installations ( for SO 2 and NO and NO x emission reductions) on units emission reductions) on units covered under the IAQR covered under the IAQR   Level is not prescribed in current proposal because of uncertain Level is not prescribed in current proposal because of uncertainties ties associated with the ability of these controls to reduce Hg emiss associated with the ability of these controls to reduce Hg emissions ions   EPA seeks comment and technical information on the Phase I cap l EPA seeks comment and technical information on the Phase I cap level evel   EPA believes that a carefully designed   multi EPA believes that a carefully designed   multi pollutant  approach pollutant  approach   a program designed to control NO a program designed to control NO x, SO , SO 2, and Hg at the same time , and Hg at the same time   is the most effective way to reduce emissions from the electric is the most effective way to reduce emissions from the electric power sector power sector  Details of section 111 trading program are outlined Details of section 111 trading program are outlined in a in a Supplemental Notice of Proposed Rulemaking Supplemental Notice of Proposed Rulemaking ( SNPR),

( SNPR), which was signed on February 24, 2004 which was signed on February 24, 2004 SNPR:

SNPR: Hg Program Requirements Under Hg Program Requirements Under Section 111 Section 111  Each State must submit a plan that demonstrates Each State must submit a plan that demonstrates it will meet its assigned statewide Hg emissions it will meet its assigned statewide Hg emissions budget budget   States may join the trading program by adopting or referencing States may join the trading program by adopting or referencing the model trading rule in State regulations; or, adopting the model trading rule in State regulations; or, adopting regulations that mirror the necessary components of the model regulations that mirror the necessary components of the model trading rule trading rule   States can choose not to join the federal trading program and States can choose not to join the federal trading program and meet their budget through intra meet their budget through intra state trading or no trading state trading or no trading   States can also choose to implement more stringent Hg States can also choose to implement more stringent Hg emissions requirements emissions requirements  EPA has taken comment on a proposal to EPA has taken comment on a proposal to promulgate, under section 112( n)( 1)( A), a cap promulgate, under section 112( n)( 1)( A), a cap

and and trade program for Hg from coal trade program for Hg from coal fired utility fired utility units units   Trading program would be federally implemented Trading program would be federally implemented with the EPA, instead of states, serving as the with the EPA, instead of states, serving as the permitting authority permitting authority SNPR: Monitoring Hg Emissions SNPR: Monitoring Hg Emissions  Monitoring of Hg will resemble current Monitoring of Hg will resemble current monitoring of SO monitoring of SO 2 and NO and NO x under the Acid Rain under the Acid Rain and NO and NO x SIP Call programs SIP Call programs  A comprehensive QA/ QC program ensures the A comprehensive QA/ QC program ensures the adequacy of emissions data adequacy of emissions data  Current monitoring in the Acid Rain and NO Current monitoring in the Acid Rain and NO x SIP SIP Call programs averages over 98% availability Call programs averages over 98% availability  A petition process enables monitoring flexibility A petition process enables monitoring flexibility and facilitates the resolution of issues and facilitates the resolution of issues  Commensurate with the SO Commensurate with the SO 2 and and NO NO x cap cap and and

trade programs, regulated sources would have trade programs, regulated sources would have the flexibility of using alternative monitoring the flexibility of using alternative monitoring approaches as long as such approaches meet the approaches as long as such approaches meet the performance requirements in the rule performance requirements in the rule Summary Summary

Recent proposals are based on 3 major points regarding public Recent proposals are based on 3 major points regarding public health health   Science continues to tell us to move aggressively on fine partic Science continues to tell us to move aggressively on fine partic les les   There is growing evidence that ozone may be a larger problem tha There is growing evidence that ozone may be a larger problem than previously expected previously expected   Mounting scientific evidence and public concern/ interest indicat Mounting scientific evidence and public concern/ interest indicat e that Hg e that Hg emissions must be controlled emissions must be controlled

Administration strongly prefers the Clear Skies Act legislation Administration strongly prefers the Clear Skies Act legislation instead of controlling NO instead of controlling NO x, SO , SO 2 and Hg under the existing CAA and Hg under the existing CAA   EPA will stay with the current package of proposals, absent any EPA will stay with the current package of proposals, absent any movement movement on the legislation on the legislation   EPA is committed to action EPA is committed to action

Power sector is not the only industrial sector EPA is looking Power sector is not the only industrial sector EPA is looking towards to make significant reductions towards to make significant reductions   Petroleum refining, car/ truck/ engine manufacturing, and construc Petroleum refining, car/ truck/ engine manufacturing, and construction tion equipment industries are making reductions through the Tier II,

equipment industries are making reductions through the Tier II, Heavy Heavy Duty Diesel, and Non Duty Diesel, and Non road Diesel rules road Diesel rules   EPA is also requiring a variety of industries to meet new MACT s EPA is also requiring a variety of industries to meet new MACT standards,

tandards,

which will create emission reductions of both criteria and air t which will create emission reductions of both criteria and air t oxics oxics pollutants pollutants Next Steps Next Steps

Supplemental Notice on Supplemental Notice on Mercury Rule Mercury Rule February 24, 2004 February 24, 2004

Hold Public Hearings Hold Public Hearings February 25 February 25 26, 2004 26, 2004   Philadelphia, PA Philadelphia, PA   Chicago, IL Chicago, IL   Research Triangle Park, NC Research Triangle Park, NC

Public Comment Periods Close Public Comment Periods Close April 30, 2004 April 30, 2004

Supplemental Notice on Supplemental Notice on Interstate Air Quality Rule Interstate Air Quality Rule April 2004 April 2004

Finalize Mercury Rule Finalize Mercury Rule December 2004 December 2004

Finalize Interstate Air Quality Finalize Interstate Air Quality Rule Rule December 2004 December 2004


[Federal Register Volume 86, Number 141 (Tuesday, July 27, 2021)]
[Notices]
[Pages 40202-40203]
[FR Doc No: 2021-15926]

=======================================================================
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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2955-011]

City of Watervliet, New York; Notice of Waiver Period for Water
Quality Certification Application

    On July 12, 2021, the City of Watervliet, New York filed with the

Federal Energy Regulatory Commission a copy of its application for a
Clean Water Act section 401(a)(1) water quality certification submitted
to New York State Department of Environmental Conservation (New York
DEC), in conjunction with the above captioned project. Pursuant to 40
CFR 121.6, we hereby notify the New York DEC of the following:
    Date of Receipt of the Certification Request: July 12, 2021.
    Reasonable Period of Time to Act on the Certification Request: One
year.
    Date Waiver Occurs for Failure to Act: July 12, 2022.
    If New York DEC fails or refuses to act on the water quality
certification request by the above waiver date, then the agency's
certifying authority is deemed waived pursuant to section 401(a)(1) of
the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: July 21, 2021.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2021-15926 Filed 7-26-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68447-68449]
[FR Doc No: 2021-26139]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2020-0406; FRL-9319-01-R4]

Air Plan Approval; Georgia; 2015 8-Hour Ozone Nonattainment New
Source Review Permit Program Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Georgia State Implementation Plan (SIP)
submitted by the State of Georgia through the Georgia Environmental
Protection Division (GA EPD) on July 2, 2020. EPA is proposing to
approve Georgia's certification of existing Nonattainment New Source
Review (NNSR) permitting regulations to meet the nonattainment planning

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. EPA-R04-
OAR-2020-0406 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/commenting-epa-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 30303-8960. The telephone number is
(404) 562-9144. Ms. Williams can also be reached via electronic mail at
[email protected].

SUPPLEMENTARY INFORMATION:

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 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 51.165(a)(1)(v)(A) and 40 CFR
51.165(a)(1)(xxxix).
    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 107(d) 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.
---------------------------------------------------------------------------

    \1\ The Atlanta nonattainment area for the 2015 8-hour ozone
NAAQS consists of the following counties: Bartow, Clayton, Cobb,
DeKalb, Fulton, Gwinnett, and Henry.
---------------------------------------------------------------------------

    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 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 172(c)(5) and 173 for the Atlanta Area.
See 42 U.S.C. 7502(c). Section 172(c)(5) 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.
EPA's analysis of how this SIP revision addresses the NNSR requirements
for the 2015 8-hour ozone NAAQS is provided below.
---------------------------------------------------------------------------

    \2\ CAA Section 173 requires, among other things, emissions
offsets. The emissions offset ratio for Marginal ozone nonattainment
areas is found in CAA section 182(a)(4).
    \3\ The other elements of this submittal are being addressed in
separate rulemakings.
---------------------------------------------------------------------------

II. Analysis of the State's Submittal

    Georgia's longstanding SIP-approved NNSR program, established in
Rule 391-3-1-.03(8), 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 391-3-1-.03(8) in the SIP satisfies the federal NNSR requirements
for the Atlanta Area. EPA approved Georgia's 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 SIP-
approved version of Rule 391-3-1-.03(8) has been updated three times
since that 2017 rulemaking.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    On October 16, 2017, this rule was updated to revise NSR permitting
regulations to be consistent with federal regulations. EPA approved
changes to Rule 391-3-1.03(8), 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 Georgia's NNSR permitting rules in

391-3-1.03(8), reflecting Georgia's 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 391-3-1-.03(8) 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\
---------------------------------------------------------------------------

    \5\ An area redesignated from nonattainment to attainment is
referred to as a maintenance area.
---------------------------------------------------------------------------

    Additionally, on September 16, 2020, EPA approved clarifying and
ministerial changes to permitting regulations at Rule 391-3-1-.03(8),
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 391-3-1-.03(8)(c) 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 182(a)(4).
    The current SIP-approved version of Rule 391-3-1-.03(8), 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 Georgia's certification that Rule
391-3-1-.03(8) meets the NNSR requirements for implementation of the
2015 ozone NAAQS.

III. Proposed Action

    EPA is proposing to approve Georgia's 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 Georgia's submission
fulfills the 40 CFR 51.1314 requirement and meets the requirements of
CAA sections 172(c)(5) 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. 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 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. 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 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 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. 2021-26139 Filed 12-1-21; 8:45 am]
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[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Notices]
[Page 4915]
[FR Doc No: 2015-01600]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0721; FRL 9922-18-OEI ]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Partial Update of the TSCA Sec. 8(b)
Inventory Data Base, Production and Site Reports (Chemical Data
Reporting)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency has submitted an
information collection request (ICR), ``Partial Update of the TSCA Sec.
8(b) Inventory Data Base, Production and Site Reports (Chemical Data
Reporting)'' (EPA ICR No. 1884.08, OMB Control No. 2070-0162) to the
Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
This is a proposed revision of the ICR, which is currently approved
through January 31, 2015. Public comments were previously requested via
the Federal Register (79 FR 29442) on May 22, 2014, during a 60-day
comment period. This notice allows for an additional 30 days for public
comments. A fuller description of the ICR is given below, including its
estimated burden and cost to the public. An Agency may not conduct or
sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before March 2, 2015.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OPPT-2013-0721, to (1) EPA online using http://www.regulations.gov (our
preferred method), by email to<EMAIL_ADDRESS>or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW., Washington, DC 20460, and (2) OMB via email to
<EMAIL_ADDRESS>Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Colby Lintner, Environmental
Assistance Division, Office of Pollution Prevention and Toxics, Mail
code: 7408-M, Environmental Protection Agency, 1200 Pennsylvania Ave.
NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
202-564-8251; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Supporting documents that explain in detail the information that
the EPA will be collecting are available in the public docket for this
ICR. The docket can be viewed online at http://www.regulations.gov or
in person at the EPA Docket Center, WJC West, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The telephone number for the
Docket Center is<PHONE_NUMBER>. For additional information about EPA's
public docket, visit http://www.epa.gov/dockets.
    Abstract: The Toxic Substances Control Act (TSCA) requires EPA to
compile and keep current a complete list of chemical substances
manufactured or processed in the United States. EPA updates this
inventory of chemicals every four years by requiring manufacturers,
processors and importers to provide production volume, plant site
information and site-limited status information. This information
allows EPA to identify what chemicals are or are not currently in
commerce and to take appropriate regulatory action as necessary. EPA
also uses the information for screening chemicals for risks to human
health or the environment, for priority-setting efforts, and for
exposure estimates. This ICR addresses the collection of inventory-
related information. Respondents may claim all or part of a response
confidential. EPA will disclose information that is covered by a claim
of confidentiality only to the extent permitted by, and in accordance
with, the procedures in TSCA section 14 and 40 CFR part 2.
    Form Numbers: EPA Form 7740-8.
    Respondents/affected entities: Entities potentially affected by
this action include companies that manufacture, process or import
chemical substances, mixtures or categories.
    Respondent's obligation to respond: Mandatory; see 40 CFR part 711.
    Estimated number of respondents: 4,991 (total).
    Frequency of response: Once every four years.
    Total estimated burden: 789,203 hours per year. Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $52,059,120 per year, includes $0 annualized
capital or operation and maintenance costs.
    Changes in the Estimates: There is a net increase of 315,080 hours
in the total estimated respondent burden compared with the ICR
currently approved by OMB. This increase reflects a number of factors,
which are detailed in the supporting statement. This change involves
both program changes and adjustments.

Courtney Kerwin,
Acting Director, Collection Strategies Division.
[FR Doc. 2015-01600 Filed 1-28-15; 8:45 am]
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