Air Plan Approval; GA: Emission Reduction Credits, 44519-44521 [2017-20336]
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations
an extended 16 to 23-year period. The
estimated rate is based on the default
and recovery rates for general purpose
municipal debt and industrial
development bonds. The cumulative
default rates on industrial development
bonds (14.62 percent) were higher than
the default rates on general purpose
municipal debt (0.25 percent) during the
period from which the data were taken.
(The recovery rates for industrial
development bonds and general purpose
debt were 74.76 and 90.27 percent,
respectively.) These two subsectors of
municipal debt were chosen because
their purposes and loan terms most
closely resemble those of Section 108
guaranteed loans.
In this regard, Section 108 guaranteed
loans can be broken down into two
categories: (1) Loans that finance public
infrastructure and activities to support
subsidized housing (other than
financing new construction) and (2)
other development projects (e.g., retail,
commercial, industrial). The 2.365
percent fee was derived by weighting
the default and recovery data for general
purpose municipal debt and the data for
industrial development bonds according
to the expected composition of the
Section 108 portfolio by corresponding
project type. Based on the dollar amount
of Section 108 loan guarantee
commitments awarded during the
period from FY 2012 through FY 2016,
HUD expects that 30 percent of the
Section 108 portfolio will be similar to
general purpose municipal debt and 70
percent of the portfolio will be similar
to industrial development bonds. In
setting the fee at 2.365 percent of the
principal amount of the guaranteed
loan, HUD expects that the amount
generated will fully offset the cost to the
Federal government associated with
making guarantee commitments
awarded in FY 2018. Note that the FY
2018 fee represents a 0.225 percent
decrease from the FY 2017 fee of 2.59
percent. This is due primarily to
updated loan repayment patterns and
discount rates used in calculating the
present value of cash flows. These are
variables that ordinarily are modified in
the credit subsidy calculation.
This document establishes a rate that
does not constitute a development
decision that affects the physical
condition of specific project areas or
building sites. Accordingly, under 24
CFR 50.19(c)(6), this document is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
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Dated: September 12, 2017.
Neal Rackleff,
Assistant Secretary for Community Planning
and Development.
[FR Doc. 2017–20474 Filed 9–22–17; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2009–0226; FRL–9968–17–
Region 4]
Air Plan Approval; GA: Emission
Reduction Credits
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
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.
SUMMARY:
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2009–0226 at https://
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
ADDRESSES:
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44519
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
https://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 lakeman.sean@epa.gov.
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
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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.’’
asabaliauskas on DSKBBXCHB2PROD with RULES
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
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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
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
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
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).
2 62 FR 27968 (May 22, 1997).
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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
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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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, the table in paragraph
(c) is amended by revising the entry
‘‘391–3–1–.03’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED GEORGIA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Explanation
*
*
Emission Standards
*
391–3–1–.03 ....................
*
*
*
*
*
Permits .............................
*
*
*
*
*
*
9/11/2008 9/25/2017, [insert Federal Register citation] .............
*
*
*
*
*
[FR Doc. 2017–20336 Filed 9–22–17; 8:45 am]
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]]>Agencies
[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.
-----------------------------------------------------------------------
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 https://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 https://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 lakeman.sean@epa.gov.
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\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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
0
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
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.03.................... Permits.......... 9/11/2008 9/25/2017, [insert ....................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-20336 Filed 9-22-17; 8:45 am]
BILLING CODE 6560-50-P
