[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50758-50760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20551]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0813; FRL-10000-25-Region 4]
Air Plan Approval; Georgia; 2008 8-Hour Ozone Interstate
Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of Georgia's August 15, 2018, State Implementation Plan (SIP)
submission pertaining to the ``good neighbor'' provision of the Clean
Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS). The good neighbor provision requires each
state's implementation plan to address the interstate transport of air
pollution in amounts that contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other state. In this
action, EPA is finalizing the determination that Georgia will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008 8-hour ozone NAAQS in any other state. Therefore, EPA is
approving Georgia's August 15, 2018, SIP revision as meeting the
requirements of the good neighbor provision for the 2008 8-hour ozone
NAAQS.
DATES: This rule will be effective October 28, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0813. All documents in the docket
are listed on the www.regulations.gov website. 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 and Radiation 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: Evan Adams, 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. Mr. Adams can also be reached
via telephone at (404) 562-9009 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 50759]]
I. Background
On March 12, 2008 (73 FR 16436), EPA promulgated an ozone NAAQS
that revised the levels of the primary and secondary 8-hour ozone
standards from 0.08 parts per million (ppm) to 0.075 ppm. See 73 FR
16436 (March 27, 2008). Pursuant to CAA section 110(a)(1), within three
years after promulgation of a new or revised NAAQS (or shorter, if EPA
prescribes), states must submit SIPs that meet the applicable
requirements of section 110(a)(2). 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. One of the structural requirements of section
110(a)(2) is section 110(a)(2)(D)(i), which generally requires SIPs to
contain adequate provisions to prohibit in-state emissions activities
from having certain adverse air quality effects on neighboring states
due to interstate transport of air pollution.
There are four sub-elements, or ``prongs,'' within section
110(a)(2)(D)(i) of the CAA. CAA section 110(a)(2)(D)(i)(I), also known
as the ``good neighbor'' provision, requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from emitting any air pollutant in amounts that will contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in another state. The two provisions of this section are referred
to as prong 1 (significant contribution to nonattainment) and prong 2
(interference with maintenance). Section 110(a)(2)(D)(i)(II) requires
SIPs to contain adequate provisions to prohibit emissions that will
interfere with measures required to be included in the applicable
implementation plan for any other state under part C to prevent
significant deterioration of air quality (prong 3) or to protect
visibility (prong 4).
On August 15, 2018, the Georgia Environmental Protection Division
provided a SIP submittal to EPA to address the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 8-hour
ozone NAAQS, containing a certification that the State's SIP meets the
requirements of prongs 1 and 2. Georgia's certification is based on
available emissions data, air quality monitoring and modeling data,
SIP-approved \1\ provisions regulating emissions of ozone precursors
within the State, and an analysis of recent trends in emissions of
ozone precursors (VOCs and NOX) from Georgia sources.
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\1\ Although not relied upon for purposes of approval, GA EPD
also identified state-only provisions of the Georgia Rules for Air
Quality Control 391-3-1-.02(2)(sss)--Multipollutant Control for
Electric Utility Steam Generating Units.
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In a notice of proposed rulemaking (NPRM) published on July 11,
2019 (84 FR 33027), EPA proposed to determine that Georgia will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008 8-hour ozone NAAQS in any other state and to approve
Georgia's August 15, 2018, SIP submission as meeting the CAA
requirements of prongs 1 and 2 under section 110(a)(2)(D)(i)(I) for the
2008 8-hour ozone NAAQS.\2\ In that notice, EPA discussed the final
determination made in the update to the Cross-State Air Pollution Rule
ozone season program, which addresses good neighbor obligations for the
2008 8-hour ozone NAAQS (known at the ``CSAPR Update''),\3\ that
emissions activities within Georgia will not significantly contribute
to nonattainment or interfere with maintenance of that NAAQS in any
other state. The NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments on the NPRM were
due on or before August 12, 2019. EPA received no comments on the NPRM.
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\2\ This action addresses only prongs 1 and 2 of section
110(a)(2)(D)(i). All other infrastructure SIP elements for Georgia
for the 2008 8-hour ozone NAAQS were addressed in separate
rulemakings. See 83 FR 19637 (May 4, 2018); 80 FR 61109 (October 9,
2015); and 80 FR 14019 (March 18, 2015).
\3\ See 81 FR 74504 (October 26, 2016). The CSAPR Update
establishes statewide nitrogen oxide (NOX) budgets for
certain affected electricity generating units in 22 eastern states
for the May-September ozone season to reduce the interstate
transport of ozone pollution in the eastern United States, and
thereby help downwind states and communities meet and maintain the
2008 8-hour ozone NAAQS. The rule also determined that emissions
from 14 states (including Georgia) will not significantly contribute
to nonattainment or interfere with maintenance of the 2008 ozone
NAAQS in downwind states. Accordingly, EPA determined that it need
not require further emission reductions from sources in those states
to address the good neighbor provision with regard to the 2008 ozone
NAAQS. Id.
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II. Final Action
EPA is taking final action to determine that Georgia will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008 8-hour ozone NAAQS in any other state. Therefore, EPA is
finalizing approval of Georgia's August 15, 2018, SIP submission as
meeting the CAA requirements of prongs 1 and 2 under section
110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS. EPA is taking final
action to approve the SIP submission because it is consistent with
section 110 of the CAA.
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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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
[[Page 50760]]
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, 2019. 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 oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 11, 2019.
Mary S. Walker,
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 52.570(e) is amended by adding an entry for ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'' at
the end of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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State
Name of nonregulatory SIP Applicable geographic or submittal date/ EPA approval Explanation
provision nonattainment area effective date date
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* * * * * * *
110(a)(1) and (2) Georgia.................. 8/15/2018 9/26/2019, Addressing prongs 1
Infrastructure Requirements [Insert and 2 of section
for the 2008 8-Hour Ozone citation of 110(a)(2)(D)(i)(I)
NAAQS. publication]. only.
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[FR Doc. 2019-20551 Filed 9-25-19; 8:45 am]
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