[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Rules and Regulations]
[Pages 44519-44521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0226; FRL-9968-17-Region 4]


Air Plan Approval; GA: Emission Reduction Credits

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to the Georgia State Implementation 
Plan (SIP) to revise the Emission Reduction Credits (ERC) regulation. 
EPA is approving portions of the SIP revision submitted by the State of 
Georgia, through the Georgia Department of Natural Resources' 
Environmental Protection Division (GA EPD) on September 15, 2008. The 
revision expands the eligibility for sources in Barrow County that can 
participate in the ERC Program, adds a provision for reevaluation of 
the Certificates of ERC, changes the administrative fees, and 
eliminates an exemption for certain types of ERCs. This action is being 
taken pursuant to the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective November 24, 2017 without 
further notice, unless EPA receives adverse comment by October 25, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0226 at http://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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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 via telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 15, 2008, GA EPD submitted a SIP revision to EPA for 
approval that involves changes to Georgia's emissions reduction credits 
rule and the administrative fees found in Georgia Rule 391-3-1-.03(13). 
Rule 391-3-1-.03(13) provides for the creation, banking, transfer, and 
use of nitrogen oxides (NOX) and volatile organic compounds 
(VOC) ERCs in Federally designated ozone nonattainment areas in Georgia 
and administrative fees associated with the ERC Program.
    GA EPD oversees the ERC Program, which was created in 1999 and 
approved into Georgia's SIP on July 10, 2001 (66 FR 35906). The ERC 
Program facilitates construction permitting for major emission sources 
that are subject to Nonattainment New Source Review (NNSR) permitting 
in Georgia ozone nonattainment areas. Emissions point sources within 
the 25-county area surrounding Atlanta that require Best Available 
Control Technology (BACT) and offset permitting are also eligible for 
the ERC Program.
    The ERC Program allows eligible sources that voluntarily reduce 
emissions in the affected counties to certify and ``bank'' these 
reductions as ERCs for future use by themselves or others. The banked 
ERCs hold their value for ten years, at which point they begin 
devaluing ten percent per year until they have reached 50 percent of 
their original value. The ERC Program is intended to help the Atlanta 
area achieve compliance with federal standards for ground-level ozone. 
The

[[Page 44520]]

ERC does not allow for any increase in emissions of NOX or 
VOC in the area to which it is applicable. In this action, EPA is 
approving the portion of Georgia's submission that makes changes to the 
applicability, discounting and revocation, and administrative fees 
sections of Rule 391-3-1-.03(13)--``Emission Reduction Credits.''

II. Analysis of State's Submittals

    The September 15, 2008, SIP revision involves changes to Georgia's 
Rule 391-3-1-.03--``Permits'' paragraph (13) ``Emissions Reduction 
Credits,'' which provides for the creation, banking, transfer, and use 
of NOX and VOC ERCs in Federally designated ozone 
nonattainment areas in Georgia, as well as administrative fees 
associated with the ERC Program. Georgia's September 15, 2008, changes 
to 391-3-1-.03(13) include:

--Under applicability paragraph (a), Georgia modifies eligibility to 
participate in the ERC Program for stationary sources in Barrow County 
by removing Barrow County from the list of counties with sources 
eligible to create and bank NOX and VOC ERCs only for 
electric generating units that have the potential to emit 
NOX and VOC emissions in amounts greater than 100 tons per 
year (tpy), and adding Barrow County to the list of counties with 
sources eligible to create and bank NOX and VOC ERCs for any 
stationary source that has the potential to emit NOX and VOC 
emissions in amounts greater than 100 tpy. This change expands the 
universe of stationary sources in Barrow County that may voluntarily 
reduce NOX and VOC emissions and then credit those 
reductions at an equal or reduced rate against future emissions of 
those pollutants--thus incentivizing overall emissions reductions. 
Accordingly, EPA is approving this change as SIP strengthening.
--Under discounting and revocation of ERCs paragraph (d), Georgia 
removes a provision that previously allowed ERCs created through the 
shutdown of individual process equipment to retain their value 
indefinitely. Like ERCs created through other methods, these ERCs will 
now retain their original value for ten years, at which point they will 
begin devaluing ten percent per year until they have reached 50 percent 
of their original value. EPA has concluded that the removal of this 
provision will strengthen Georgia's SIP because the change will 
decrease the value of these ERCs when they are used to offset emissions 
occurring more than ten years in the future, thus reducing overall 
emissions in areas where the Program is implemented. Accordingly, EPA 
is approving the revision to the Georgia SIP.
--Under discounting and revocation of ERCs paragraph (d), Georgia adds 
a new provision that allows owners to re-evaluate certificates of ERCs 
to determine if credits specified in the certificate have been 
discounted or revoked in accordance with the requirements of Rule 391-
3-1-.03(13)(d)1. EPA is approving this provision as consistent with 
section 110(a) of the CAA.
--Under administrative fees paragraph (h), Georgia revises the 
administrative fees for the ERCs program. EPA is approving this 
provision as consistent with section 110(a) of the CAA.

    EPA has concluded that these changes will not interfere with any 
applicable requirement concerning attainment and reasonable progress, 
nor any other applicable requirement of the CAA. EPA is therefore 
approving these changes to the Georgia SIP.\1\
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    \1\ Other portions of the September 15, 2008, submission were 
previously approved, and therefore, are not before EPA for 
consideration in this action. See 77 FR 59554 (September 28, 2012) 
and 79 FR 36218 (June 26, 2014).
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III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Georgia Rule 
391-3-1-.03--``Permits,'' effective September 11, 2008. EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, this material has been 
approved by EPA for inclusion in the SIP, has been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the CFR and the CAA. EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective November 24, 2017 without further 
notice unless the Agency receives adverse comments by October 25, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 24, 2017 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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. 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

[[Page 44521]]

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.
    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 24, 2017. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: September 13, 2017.
Onis ``Trey'' Glenn, III,
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

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2. In Sec.  52.570, the table in paragraph (c) is amended by revising 
the entry ``391-3-1-.03'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
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                                                         State
         State citation            Title/subject       effective       EPA approval date         Explanation
                                                         date
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                                               Emission Standards
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                                                  * * * * * * *
391-3-1-.03....................  Permits..........       9/11/2008  9/25/2017, [insert      ....................
                                                                     Federal Register
                                                                     citation].
 
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[FR Doc. 2017-20336 Filed 9-22-17; 8:45 am]
 BILLING CODE 6560-50-P