[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8749-8751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02605]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0462; FRL-10005-28-Region 4]


Air Plan Approval; Georgia: Revisions to Cross-State Air 
Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Georgia, 
through the Georgia Environmental Protection Division (GA EPD) of the 
Department of Natural Resources, via a letter dated July 31, 2018. 
Specifically, EPA is approving typographical changes to Georgia's SIP-
approved regulations regarding its Cross-State Air Pollution Rule 
(CSAPR) state trading programs. This action is being approved pursuant 
to the Clean Air Act (CAA or Act) and its implementing regulations.

[[Page 8750]]


DATES: This rule will be effective March 19, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0462. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not 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: Steven Scofield, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 15, 2019 (84 FR 55107), EPA proposed to approve into the 
Georgia SIP several changes to Georgia's air quality rule 391-3-1-.02, 
``Provisions. Amended.'' GA EPD submitted a SIP revision through a 
letter dated July 31, 2018,\1\ to EPA for review and approval that 
revises Georgia's SIP-approved rules regarding its CSAPR \2\ state 
trading programs at Rule 391-3-1-.02(12)--``Cross State Air Pollution 
Rule NOX Annual Trading Program,'' Rule 391-3-1-.02(13)--
``Cross State Air Pollution Rule SO2 Annual Trading 
Program,'' and Rule 391-3-1-.02(14)--``Cross State Air Pollution Rule 
NOX Ozone Season Trading Program.'' The details of the 
Georgia submission and the rationale for EPA's action are explained in 
the proposed rulemaking. Comments on the proposed rulemaking were due 
on or before November 14, 2019. EPA did not receive any adverse 
comments on the proposed action. EPA is now taking final action to 
approve the above-referenced revisions.
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    \1\ EPA received the SIP revision on August 2, 2018. EPA 
received several other SIP revisions from Georgia through GA EPD's 
July 31, 2018, letter. These other revisions have been or will be 
addressed in separate EPA actions.
    \2\ CSAPR is a Federal rule that requires 27 Eastern states to 
limit their statewide emissions of sulfur dioxide (SO2) 
and nitrogen oxides (NOx) from electric generating units 
(EGUs) that significantly contribute to downwind nonattainment of 
the 1997 Annual fine particulate matter (PM2.5) and 8-
hour ozone national ambient air quality standards (NAAQS), 2006 24-
hour PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. 
Through its CSAPR rulemakings, EPA determined that air pollution 
transported from EGUs in Georgia would unlawfully affect other 
states' ability to attain or maintain the 1997 8-hour ozone NAAQS, 
the 1997 Annual PM2.5 NAAQS, and the 2006 24-hour 
PM2.5 NAAQS, and included Georgia in the CSAPR ozone 
season NOX trading program and the annual SO2 
and NOX trading programs. In 2017, EPA approved Georgia's 
State trading programs for annual NOX, annual 
SO2, and ozone season NOX emissions and 
incorporated Georgia Rules 391-3-1-.02(12), .02(13), and .02(14) 
into the SIP. See 82 FR 47930 (October 13, 2017) for more 
information on CSAPR and Georgia's CSAPR state trading programs.
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II. Incorporation by Reference

    In this document, 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-.02(12)--``Cross State Air Pollution Rule NOX Annual 
Trading Program,'' Rule 391-3-1-.02(13)--``Cross State Air Pollution 
Rule SO2 Annual Trading Program,'' and Rule 391-3-
1-.02(14)--``Cross State Air Pollution Rule NOX Ozone Season 
Trading Program,'' State effective July 23, 2018. 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). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
have 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 in the next update to the SIP compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to Georgia's SIP at 
Rule 391-3-1-.02(12)--``Cross State Air Pollution Rule NOX 
Annual Trading Program,'' Rule 391-3-1-.02(13)--``Cross State Air 
Pollution Rule SO2 Annual Trading Program,'' and Rule 391-3-
1-.02(14)--``Cross State Air Pollution Rule NOX Ozone Season 
Trading Program.'' These changes are consistent with the CAA.

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 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

[[Page 8751]]

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 April 20, 2020. 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, Carbon 
moNOXide, Incorporation by reference, Intergovernmental 
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting 
and recordkeeping requirements, Sulfur oxides, Volatile organic 
compounds.

    Dated: January 31, 2020.
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(c) is amended in the table under the heading ``391-3-
1-.02(2) Emission Standards'' by revising the entries for ``391-3-
1-.02(12)'', ``391-3-1-.02(13)'', and ``391-3-1-.02(14)'' to read as 
follows:


Sec.  52.570   Identification of plan.

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    (c) * * *

                                        EPA Approved Georgia Regulations
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                                                               State
         State citation                Title/subject      effective date     EPA approval date      Explanation
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391-3-1-.02(2)..................                                Emission Standards
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                                                  * * * * * * *
391-3-1-.02(12).................  Cross State Air              7/23/2018  2/18/2020, [Insert
                                   Pollution Rule NOX                      citation of
                                   Annual Trading                          publication].
                                   Program.
391-3-1-.02(13).................  Cross State Air              7/23/2018  2/18/2020, [Insert
                                   Pollution Rule SO2                      citation of
                                   Annual Trading                          publication].
                                   Program.
391-3-1-.02(14).................  Cross State Air              7/23/2018  2/18/2020, [Insert
                                   Pollution Rule NOX                      citation of
                                   Ozone Season Trading                    publication].
                                   Program.
 
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[FR Doc. 2020-02605 Filed 2-14-20; 8:45 am]
 BILLING CODE 6560-50-P