Approval and Promulgation of Implementation Plans; Georgia; Nonattainment New Source Review Rules, 79653-79655 [E8-30813]
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pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
Federal regulations. 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 Clean Air Act.
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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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 Clean Air Act;
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, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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
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22:13 Dec 29, 2008
Jkt 217001
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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 2, 2009.
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, Intergovernmental
relations, Ozone.
Dated: December 17, 2008.
Lynn Buhl,
Regional Administrator, Region 5.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart O—Illinois
2. Section 52.726 is amended by
adding paragraph (gg) to read as follows:
■
§ 52.726
Control strategy: Ozone.
*
*
*
*
*
(gg) Approval—On January 30, 2007,
the Illinois Environmental Protection
Agency (IEPA) requested that EPA find
that the Illinois portion of the ChicagoGary-Lake County, Illinois-Indiana (ILIN) nonattainment area, attained the
revoked 1-hour ozone National Ambient
Air Quality Standard (NAAQS). After
review of this submission, EPA
approves this finding.
Subpart P—Indiana
3. Section 52.777 is amended by
adding paragraph (kk) to read as
follows:
■
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79653
§ 52.777 Control strategy: Photochemical
oxidants (hydrocarbons).
*
*
*
*
*
(kk) Approval—On October 25, 2007,
the Indiana Department of
Environmental Management (IDEM)
requested that EPA find that the Indiana
portion of the Chicago-Gary-Lake
County, IL-IN nonattainment area, has
attained the revoked 1-hour ozone
NAAQS. After review of this
submission, EPA approves this finding.
[FR Doc. E8–30812 Filed 12–29–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2006–0649–200750; FRL–
8757–9]
Approval and Promulgation of
Implementation Plans; Georgia;
Nonattainment New Source Review
Rules
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is taking final action to
disapprove a portion of a revision to the
Georgia State Implementation Plan (SIP)
submitted by the State of Georgia on
March 5, 2007. The proposed revision
was intended to modify Georgia’s
Nonattainment New Source Review
(NNSR) permitting rules in the SIP to
establish a new baseline emissions
calculation procedure for the generation
of emissions reduction credits to be
used as offsets. EPA proposed to
disapprove this revision on September
4, 2008; one comment letter, which
supported EPA’s proposed disapproval
of the baseline emissions calculation,
was received.
DATES: This rule will be effective
January 29, 2009.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0649. 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
E:\FR\FM\30DER1.SGM
30DER1
79654
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
the Regulatory Development Section,
Air Planning 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 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Georgia State
Implementation Plan, contact Ms. Stacy
Harder, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960.
Telephone number: (404) 562–9042; email address: harder.stacy@epa.gov. For
information regarding New Source
Review, contact Ms. Kelly Fortin, Air
Permits Section, at the same address
above. Telephone number: (404) 562–
9117; e-mail address:
fortin.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, references
to ‘‘EPA,’’ ‘‘we,’’ ‘‘us,’’ or ‘‘our,’’ are
intended to mean the U.S.
Environmental Protection Agency. The
supplementary information is arranged
as follows:
pwalker on PROD1PC71 with RULES
I. What Action Is EPA Taking?
II. What Is the Background for EPA’s Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
On March 5, 2007, the State of
Georgia, through the Georgia
Environmental Protection Division
(EPD), submitted revisions to the
Georgia SIP. The submittal consisted of
changes to the Georgia Rules for Air
Quality Control, Chapter 391–3–1.
Among other revisions, the submittal
includes changes to Rules 391–3–1–
.02(7) ‘‘Prevention of Significant
Deterioration (PSD) of Air Quality,’’ and
391–3–1–.03(13)(c) ‘‘Emission
Reduction Credits.’’
On September 4, 2008 (73 FR 51606),
EPA published a notice of proposed
rulemaking (NPR) in the Federal
Register, proposing to, among other
actions, approve the State’s change to
Rule 391–3–1–.02(7) and to disapprove
Rule 391–3–1–.03(13)(c). The public
comment period on this action was
extended to November 6, 2008 (October
6, 2008, 73 FR 58085). One comment
letter was received which included
adverse comments on the proposed
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22:13 Dec 29, 2008
Jkt 217001
revisions concerning Rule 391–3–1–
.02(7) and supporting comments on the
proposed disapproval of Rule 391–3–1–
.03(13)(c). EPA is now moving forward
to disapprove Rule 391–3–1–.03(13)(c)
which is separate from Rule 391–3–1–
.02(7). EPA is not now taking any
actions regarding Rule 391–3–1–.02(7).
In a future Federal Register notice, EPA
will be addressing the adverse
comments in a final action on Rule 391–
3–1–.02(7). Additionally, EPA is not
acting on the non-New Source Review
(NSR) portions of the March 5, 2007,
submittal, which were not part of the
September 4, 2008 proposal.
EPA is taking final action to
disapprove Rule 391–3–1–.03(13)(c),
related to ‘‘Emissions Reduction
Credits.’’
II. What Is the Background for EPA’s
Action?
On December 31, 2002 (67 FR 80186),
EPA published final rule changes to 40
Code of Federal Regulations (CFR) parts
51 and 52, regarding the Clean Air Act’s
(CAA) PSD and NNSR programs. On
November 7, 2003 (68 FR 63021), EPA
published a notice of final action on the
reconsideration of the December 31,
2002, final rule changes. The December
31, 2002, and the November 7, 2003,
final actions are collectively referred to
as the ‘‘2002 NSR Reform Rules.’’ For
additional information on the 2002 NSR
Reform Rules, see 67 FR 80186
(December 31, 2002). For information on
the subsequent revisions to these rules,
see https://www.epa.gov/nsr.
On October 31, 2006, March 5, 2007,
and August 22, 2007, EPD submitted
revisions to EPA for the purpose of
including the revised State NSR
permitting rules in the SIP. Copies of
Georgia’s revised NSR rules, as well as
the State’s Technical Support
Document, can be obtained from the
Docket, as discussed in the ADDRESSES
section above.
On September 4, 2008 (73 FR 51606),
EPA proposed to partially approve and
disapprove certain portions of these
submittals consistent with section
110(k)(3) of the CAA (73 FR 51606). In
response to requests for an extension of
the public comment period, EPA
extended the public comment period
through November 6, 2008 (73 FR
58084). One comment letter, which
among other concerns supports this
disapproval action, was received and
may be obtained from the Docket, as
discussed in the ADDRESSES section
above.
The March 5, 2007, proposed SIP
revision includes changes to Georgia
Rule 391–3–1–.03 subparagraph (13)(c),
‘‘Quantification of Emission Reduction
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
Credits,’’ regarding the methodology for
the calculation of emission reduction
credits to incorporate the new federal
definition of ‘‘baseline actual
emissions.’’ The State’s intent was to
make the method for determining actual
emissions, prior to a reduction,
consistent with the calculation of
baseline emissions reductions used
elsewhere in the federal and State NSR
requirements. The emission reduction
credits are certified under the Georgia
rule to be used as offsets for
nonattainment NSR purposes. However,
the federal requirements at 40 CFR
51.165(a)(3)(i) require that the offset
baseline shall be the ‘‘actual emissions’’
of the source from which offset credit is
obtained. For additional discussion on
this topic, see EPA’s final action on the
NSR Reform Rules (67 FR 80196), under
the heading ‘‘Am I able to Apply
Today’s Changes for Calculating the
Baseline Actual Emissions to Other
Major NSR Requirements?’’
The Georgia SIP currently contains an
approved calculation methodology for
emission reduction credits to be used as
offsets, which is based upon the federal
definition of ‘‘actual emissions’’ rather
than ‘‘baseline actual emissions.’’ EPA
is now acting to disapprove the State’s
March 5, 2007, submission requesting
that the change to Georgia Rule 391–3–
1–.03 subparagraph (13)(c), be
incorporated into the Georgia SIP
because it is not consistent with federal
requirements. This provision is
severable from the other provisions of
the Georgia submittals discussed in
EPA’s September 4, 2008, rulemaking
notice.
No additional submittals to EPA are
required by Georgia in response to
EPA’s disapproval because Georgia’s SIP
contains an approved methodology for
calculating emission reduction credits
that is consistent with the federal
nonattainment NSR requirements. Any
use of ‘‘baseline actual emissions’’ for
the calculation of offsets, or the
subsequent use of such offsets, would be
inconsistent with federal law and the
applicable Georgia SIP requirements.
III. Final Action
EPA is taking final action to
disapprove subparagraph 391–3–1–
.03(13)(c) of the State of Georgia’s
March 5, 2007, SIP submittal related to
‘‘Emissions Reduction Credits’’
pursuant to section 110(k)(3) of 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
E:\FR\FM\30DER1.SGM
30DER1
pwalker on PROD1PC71 with RULES
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Rules and Regulations
Act and applicable Federal regulations.
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 ensures
that State law meets 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 Order 12866 (58 FR 51735,
October 4, 1993);
• 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).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not 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
VerDate Aug<31>2005
22:13 Dec 29, 2008
Jkt 217001
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 March 2, 2009. 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E8–30813 Filed 12–29–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R10–OAR–2007–0915; FRL–8747–7]
Approval and Promulgation of State
Implementation Plans: Oregon; Salem
Carbon Monoxide Nonattainment Area;
Designation of Areas for Air Quality
Planning Purposes
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is taking direct final
action to approve a redesignation
request and a State Implementation Plan
(SIP) revision submitted by the State of
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
79655
Oregon. On August 9, 2007 the State of
Oregon submitted a request to EPA that
the Salem carbon monoxide (CO)
nonattainment area be redesignated to
attainment for the CO National Ambient
Air Quality Standard (NAAQS) and
concurrently submitted a maintenance
plan that provides for continued
attainment of the CO NAAQS. The
Salem CO nonattainment area has not
violated the 8-hour CO NAAQS since
1985.
DATES: This rule is effective on March 2,
2009, without further notice, unless
EPA receives adverse comment by
January 29, 2008. If EPA receives
adverse comment, we will publish a
timely withdrawal in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2007–0915, by any of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: vaupel.claudia@epa.gov.
• Mail: Claudia Vergnani Vaupel,
EPA Region 10, Office of Air, Waste and
Toxics (AWT–107), 1200 Sixth Avenue,
Suite 900, Seattle, WA 98101.
• Hand Delivery/Courier: EPA Region
10, 1200 Sixth Avenue, Suite 900,
Seattle, WA 98101. Attention: Claudia
Vergnani Vaupel, Office of Air, Waste
and Toxics, AWT–107. Such deliveries
are only accepted during normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R10–OAR–2007–
0915. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov
Web site is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
E:\FR\FM\30DER1.SGM
30DER1
Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Rules and Regulations]
[Pages 79653-79655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30813]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0649-200750; FRL-8757-9]
Approval and Promulgation of Implementation Plans; Georgia;
Nonattainment New Source Review Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking final action to disapprove a portion of a
revision to the Georgia State Implementation Plan (SIP) submitted by
the State of Georgia on March 5, 2007. The proposed revision was
intended to modify Georgia's Nonattainment New Source Review (NNSR)
permitting rules in the SIP to establish a new baseline emissions
calculation procedure for the generation of emissions reduction credits
to be used as offsets. EPA proposed to disapprove this revision on
September 4, 2008; one comment letter, which supported EPA's proposed
disapproval of the baseline emissions calculation, was received.
DATES: This rule will be effective January 29, 2009.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2006-0649. 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
[[Page 79654]]
the Regulatory Development Section, Air Planning 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 to 4:30, excluding federal
holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Georgia
State Implementation Plan, contact Ms. Stacy Harder, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Telephone number:
(404) 562-9042; e-mail address: harder.stacy@epa.gov. For information
regarding New Source Review, contact Ms. Kelly Fortin, Air Permits
Section, at the same address above. Telephone number: (404) 562-9117;
e-mail address: fortin.kelly@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, references to
``EPA,'' ``we,'' ``us,'' or ``our,'' are intended to mean the U.S.
Environmental Protection Agency. The supplementary information is
arranged as follows:
I. What Action Is EPA Taking?
II. What Is the Background for EPA's Action?
III. Final Action
IV. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
On March 5, 2007, the State of Georgia, through the Georgia
Environmental Protection Division (EPD), submitted revisions to the
Georgia SIP. The submittal consisted of changes to the Georgia Rules
for Air Quality Control, Chapter 391-3-1. Among other revisions, the
submittal includes changes to Rules 391-3-1-.02(7) ``Prevention of
Significant Deterioration (PSD) of Air Quality,'' and 391-3-
1-.03(13)(c) ``Emission Reduction Credits.''
On September 4, 2008 (73 FR 51606), EPA published a notice of
proposed rulemaking (NPR) in the Federal Register, proposing to, among
other actions, approve the State's change to Rule 391-3-1-.02(7) and to
disapprove Rule 391-3-1-.03(13)(c). The public comment period on this
action was extended to November 6, 2008 (October 6, 2008, 73 FR 58085).
One comment letter was received which included adverse comments on the
proposed revisions concerning Rule 391-3-1-.02(7) and supporting
comments on the proposed disapproval of Rule 391-3-1-.03(13)(c). EPA is
now moving forward to disapprove Rule 391-3-1-.03(13)(c) which is
separate from Rule 391-3-1-.02(7). EPA is not now taking any actions
regarding Rule 391-3-1-.02(7). In a future Federal Register notice, EPA
will be addressing the adverse comments in a final action on Rule 391-
3-1-.02(7). Additionally, EPA is not acting on the non-New Source
Review (NSR) portions of the March 5, 2007, submittal, which were not
part of the September 4, 2008 proposal.
EPA is taking final action to disapprove Rule 391-3-1-.03(13)(c),
related to ``Emissions Reduction Credits.''
II. What Is the Background for EPA's Action?
On December 31, 2002 (67 FR 80186), EPA published final rule
changes to 40 Code of Federal Regulations (CFR) parts 51 and 52,
regarding the Clean Air Act's (CAA) PSD and NNSR programs. On November
7, 2003 (68 FR 63021), EPA published a notice of final action on the
reconsideration of the December 31, 2002, final rule changes. The
December 31, 2002, and the November 7, 2003, final actions are
collectively referred to as the ``2002 NSR Reform Rules.'' For
additional information on the 2002 NSR Reform Rules, see 67 FR 80186
(December 31, 2002). For information on the subsequent revisions to
these rules, see https://www.epa.gov/nsr.
On October 31, 2006, March 5, 2007, and August 22, 2007, EPD
submitted revisions to EPA for the purpose of including the revised
State NSR permitting rules in the SIP. Copies of Georgia's revised NSR
rules, as well as the State's Technical Support Document, can be
obtained from the Docket, as discussed in the ADDRESSES section above.
On September 4, 2008 (73 FR 51606), EPA proposed to partially
approve and disapprove certain portions of these submittals consistent
with section 110(k)(3) of the CAA (73 FR 51606). In response to
requests for an extension of the public comment period, EPA extended
the public comment period through November 6, 2008 (73 FR 58084). One
comment letter, which among other concerns supports this disapproval
action, was received and may be obtained from the Docket, as discussed
in the ADDRESSES section above.
The March 5, 2007, proposed SIP revision includes changes to
Georgia Rule 391-3-1-.03 subparagraph (13)(c), ``Quantification of
Emission Reduction Credits,'' regarding the methodology for the
calculation of emission reduction credits to incorporate the new
federal definition of ``baseline actual emissions.'' The State's intent
was to make the method for determining actual emissions, prior to a
reduction, consistent with the calculation of baseline emissions
reductions used elsewhere in the federal and State NSR requirements.
The emission reduction credits are certified under the Georgia rule to
be used as offsets for nonattainment NSR purposes. However, the federal
requirements at 40 CFR 51.165(a)(3)(i) require that the offset baseline
shall be the ``actual emissions'' of the source from which offset
credit is obtained. For additional discussion on this topic, see EPA's
final action on the NSR Reform Rules (67 FR 80196), under the heading
``Am I able to Apply Today's Changes for Calculating the Baseline
Actual Emissions to Other Major NSR Requirements?''
The Georgia SIP currently contains an approved calculation
methodology for emission reduction credits to be used as offsets, which
is based upon the federal definition of ``actual emissions'' rather
than ``baseline actual emissions.'' EPA is now acting to disapprove the
State's March 5, 2007, submission requesting that the change to Georgia
Rule 391-3-1-.03 subparagraph (13)(c), be incorporated into the Georgia
SIP because it is not consistent with federal requirements. This
provision is severable from the other provisions of the Georgia
submittals discussed in EPA's September 4, 2008, rulemaking notice.
No additional submittals to EPA are required by Georgia in response
to EPA's disapproval because Georgia's SIP contains an approved
methodology for calculating emission reduction credits that is
consistent with the federal nonattainment NSR requirements. Any use of
``baseline actual emissions'' for the calculation of offsets, or the
subsequent use of such offsets, would be inconsistent with federal law
and the applicable Georgia SIP requirements.
III. Final Action
EPA is taking final action to disapprove subparagraph 391-3-
1-.03(13)(c) of the State of Georgia's March 5, 2007, SIP submittal
related to ``Emissions Reduction Credits'' pursuant to section
110(k)(3) of 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
[[Page 79655]]
Act and applicable Federal regulations. 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 ensures that State law meets 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 Order
12866 (58 FR 51735, October 4, 1993);
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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not 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 March 2, 2009. 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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 16, 2008.
Russell L. Wright, Jr.,
Acting Regional Administrator, Region 4.
[FR Doc. E8-30813 Filed 12-29-08; 8:45 am]
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