[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65899-65901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22887]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0315; FRL-9952-72-Region 4]


Air Plan Approval; Georgia; Prong 4--2008 Ozone, 2010 
NO2, SO2, and 2012 PM2.5

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving the portions of revisions to the Georgia State Implementation 
Plan (SIP), submitted by the Georgia Department of Natural Resources 
(DNR), Environmental Protection Division (GAEPD), addressing the Clean 
Air Act (CAA or Act) visibility transport (prong 4) infrastructure SIP 
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide 
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 
annual Fine Particulate Matter (PM2.5) National Ambient Air 
Quality Standards (NAAQS). The CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by EPA, commonly referred to as an 
``infrastructure SIP.'' Specifically, EPA is conditionally approving 
the prong 4 portions of Georgia's March 6, 2012, 8-hour Ozone 
infrastructure SIP submission; March 25, 2013, 2010 1-hour 
NO2 infrastructure SIP submission; October 22, 2013, 2010 1-
hour SO2 infrastructure SIP submission; and December 14, 
2015, 2012 annual PM2.5 infrastructure SIP submission. All 
other applicable infrastructure requirements for these SIP submissions 
have been or will be addressed in separate rulemakings.

DATES: This rule will be effective [insert date 30 days after date of 
publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No EPA-R04-OAR-2016-0315. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the 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. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA are to be submitted by states within three years after 
promulgation of a new or revised NAAQS to provide for the 
implementation, maintenance, and enforcement of the new or revised 
NAAQS. EPA has historically referred to these SIP submissions made for 
the purpose of satisfying the requirements of sections 110(a)(1) and 
110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and 
(2) require states to address basic SIP elements such as the 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
newly established or revised NAAQS. More specifically, section 
110(a)(1) provides the procedural and timing requirements for 
infrastructure SIPs. Section 110(a)(2) lists specific elements that 
states must meet for the

[[Page 65900]]

infrastructure SIP requirements related to a newly established or 
revised NAAQS. The contents of an infrastructure SIP submission may 
vary depending upon the data and analytical tools available to the 
state, as well as the provisions already contained in the state's 
implementation plan at the time in which the state develops and submits 
the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit 
any source or other type of emissions activity in one state from 
contributing significantly to nonattainment of the NAAQS in another 
state (prong 1) and from interfering with maintenance of the NAAQS in 
another state (prong 2). The third and fourth prongs, which are 
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures to protect visibility in 
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement.
    Georgia's infrastructure SIP revisions cite to the regional haze 
program as satisfying the requirements of prong 4 for the 2008 8-hour 
Ozone, 2010 1-hour NO2, 2010 1-hour SO2, and 2012 
annual PM2.5 NAAQS. However, the State may not currently 
rely on its regional haze SIP to satisfy these requirements because EPA 
has not yet fully approved Georgia's regional haze SIP as it relies on 
the Clean Air Interstate Rule (CAIR) to satisfy the nitrogen oxides 
(NOX) and SO2 Best Available Retrofit Technology 
(BART) requirements for the CAIR-subject electric generating units 
(EGUs) in the State and the requirement for a long-term strategy 
sufficient to achieve the state-adopted reasonable progress goals.\1\ 
Therefore, on May 26, 2016, Georgia submitted a commitment letter to 
EPA requesting conditional approval of the prong 4 portions of the 
aforementioned infrastructure SIP revisions.
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    \1\ CAIR, promulgated in 2005, required 27 states and the 
District of Columbia to reduce emissions of NOX and 
SO2 that significantly contribute to, or interfere with 
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in 
any downwind state. CAIR imposed specified emissions reduction 
requirements on each affected State, and established several EPA-
administered cap and trade programs for EGUs that States could join 
as a means to meet these requirements.
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    In its commitment letter, Georgia commits to satisfy the prong 4 
requirements for the 2008 8-hour ozone NAAQS, 2010 1-hour 
NO2 NAAQS, 2010 1-hour SO2 NAAQS, and 2012 
PM2.5 NAAQS by providing a SIP revision that adopts 
provisions for participation in the Cross State Air Pollution Rule 
annual NOX and annual SO2 trading programs, 
including annual NOX and annual SO2 budgets that 
are at least as stringent as the budgets codified for Georgia at 40 CFR 
97.710(a) (SO2 Group 2 trading budgets) and 40 CFR 97.410(a) 
(NOX Annual trading budgets). Georgia will rely on this SIP 
revision adopting such budgets to submit a concurrent SIP revision 
specifically addressing the visibility requirements of prong 4. In its 
commitment letter, Georgia commits to providing these two concurrent 
SIP revisions within one year of EPA's final conditional approval of 
the prong 4 portions of the infrastructure SIP revisions and provides 
an anticipated schedule for these revisions. If the revised 
infrastructure SIP revision relies on a fully approvable regional haze 
SIP, Georgia also commits to providing the necessary regional haze SIP 
revision to EPA within one year of EPA's final conditional approval.
    If Georgia meets its commitment within one year of final 
conditional approval, the prong 4 portions of the conditionally 
approved infrastructure SIP submissions will remain a part of the SIP 
until EPA takes final action approving or disapproving the new SIP 
revision(s). However, if the State fails to submit these revisions 
within the one-year timeframe, the conditional approval will 
automatically become a disapproval one year from EPA's final 
conditional approval and EPA will issue a finding of disapproval. EPA 
is not required to propose the finding of disapproval. If the 
conditional approval is converted to a disapproval, the final 
disapproval triggers the FIP requirement under CAA section 110(c).
    In a notice of proposed rulemaking (NPRM) published on July 11, 
2016 (81 FR 44831), EPA proposed to conditionally approve the prong 4 
portions of the aforementioned infrastructure SIP submissions. The NPRM 
provides additional detail regarding the rationale for EPA's action, 
including further discussion of the prong 4 requirements and the basis 
for Georgia's commitment letter. Comments on the proposed rulemaking 
were due on or before August 10, 2016. EPA received no adverse comments 
on the proposed action.

II. Final Action

    EPA is conditionally approving the prong 4 portions of Georgia's 
March 6, 2012, 8-hour Ozone infrastructure SIP submission; March 25, 
2013, 2010 1-hour NO2 infrastructure SIP submission; October 
22, 2013, 2010 1-hour SO2 infrastructure SIP submission; and 
December 14, 2015, 2012 annual PM2.5 infrastructure SIP 
submission. All other applicable infrastructure requirements for these 
SIP submissions have been or will be addressed in separate rulemakings.

III. 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. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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.aw 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

[[Page 65901]]

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).
    In addition, 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 25, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate Matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

    Dated: September 13, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. Section 52.569 is added to read as follows:


Sec.  52.569  Conditional approval.

    Georgia submitted a letter to EPA on May 26, 2016, with a 
commitment to address the State Implementation Plan deficiencies 
regarding requirements of Clean Air Act section 110(a)(2)(D)(i)(II) 
related to interference with measures to protect visibility in another 
state (prong 4) for the 2008 8-hour Ozone, 2010 1-hour NO2, 
2010 1-hour SO2, and 2012 annual PM2.5 NAAQS. EPA 
conditionally approved the prong 4 portions of Georgia's March 6, 2012, 
8-hour Ozone infrastructure SIP submission; March 25, 2013, 2010 1-hour 
NO2 infrastructure SIP submission; October 22, 2013, 2010 1-
hour SO2 infrastructure SIP submission; and December 14, 
2015, 2012 annual PM2.5 infrastructure SIP submission in an 
action published in the Federal Register on September 26, 2016. If 
Georgia fails to meet its commitment by September 26, 2017, the 
conditional approval will automatically become a disapproval on that 
date and EPA will issue a finding of disapproval.
[FR Doc. 2016-22887 Filed 9-23-16; 8:45 am]
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