Air Plan Approval; Georgia: New Source Review Updates, 47993-47996 [2017-22250]

Download as PDF Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations public comments received would then be addressed in a subsequent final rule based on the proposed rule, and that EPA would not institute a second comment period on this action. EPA received one adverse comment from a single Commenter on the portion of the direct final rule that made changes to Rule 391–3–1–.02(7) only, as submitted in the November 12, 2014, SIP revision. As a result of the comment received, EPA is withdrawing the direct final rule. EPA will address the comment in a separate final action based on the proposed action also published on August 15, 2017 (82 FR 38646). EPA will not open a second comment period for this action. 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 29, 2017. Onis ‘‘Trey’’ Glenn, III, Regional Administrator, Region 4. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Accordingly, the amendments to 40 CFR 52.570(c) published on August 15, 2017 (82 FR 38605), are withdrawn effective October 16, 2017. ■ [FR Doc. 2017–22251 Filed 10–13–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2017–0078; FRL–9969–43– Region 4] Air Plan Approval; Georgia: New Source Review Updates Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve changes to the Georgia State Implementation Plan (SIP) to revise new source review (NSR) permitting regulations. EPA is approving a SIP revision submitted by the State of Georgia, through the Georgia Department of Natural Resources’ Environmental Protection Division (GA EPD), on December 15, 2011, July 25, 2014, and November 12, 2014. This jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective November 15, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2017–0078. 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 the 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. 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: D. Brad Akers, 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. Akers can be reached via telephone at (404) 562–9089 or via electronic mail at akers.brad@epa.gov. SUPPLEMENTARY INFORMATION: I. What action is the Agency taking? On November 12, 2014, GA EPD submitted a SIP revision to EPA for approval that involves changes to Georgia’s regulations to make them consistent with federal requirements for NSR permitting, among other changes. As described below, EPA is approving certain portions of this Georgia submission that makes changes to Rule 391–3–1–.02(7)—‘‘Prevention of Significant Deterioration of Air Quality (PSD),’’ which applies to the construction and modification of any major stationary source in areas designated as attainment or unclassifiable as required by part C of title I of the CAA. Georgia’s PSD regulations at Rule 391–3–1–.02(7) were last updated in the SIP on April 9, 2013. PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 47993 See 78 FR 21065. EPA is also approving Rule 391–3–1.03(8)—‘‘Permit Requirements’’ at paragraph (g), which revises NNSR rules, and at paragraph (d) as explained in the August 15, 2017 (82 FR 38646) direct final rule. Georgia’s November 12, 2014 SIP revision makes changes to the PSD regulations to reflect changes to the federal PSD regulations at 40 CFR 52.21, including provisions promulgated in the following federal rule: ‘‘Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5): 1 Amendment to the Definition of ‘Regulated NSR Pollutant’ Concerning Condensable Particulate Matter,’’ Final Rule, 77 FR 65107 (October 25, 2012) (hereinafter referred to as the PM2.5 Condensables Correction Rule). Georgia’s November 12, 2014 SIP revision also makes changes to Georgia’s PSD program to incorporate plantwide applicability limits (PALs) for greenhouse gases (GHGs) as allowed in the federal rule entitled ‘‘Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits.’’ See 77 FR 41051 (July 12, 2012) (hereinafter referred to as the GHG Step 3 Rule).2 1 Airborne particulate matter (PM) with a nominal aerodynamic diameter of 2.5 micrometers or less (a micrometer is one-millionth of a meter, and 2.5 micrometers is less than one-seventh the average width of a human hair) are considered to be ‘‘fine particles’’ and are also known as PM2.5. Fine particles in the atmosphere are made up of a complex mixture of components including sulfate; nitrate; ammonium; elemental carbon; a great variety of organic compounds; and inorganic material (including metals, dust, sea salt, and other trace elements) generally referred to as ‘‘crustal’’ material, although it may contain material from other sources. The health effects associated with exposure to PM2.5 include potential aggravation of respiratory and cardiovascular disease (i.e., lung disease, decreased lung function, asthma attacks and certain cardiovascular issues). On July 18, 1997, EPA revised the NAAQS for PM to add new standards for fine particles, using PM2.5 as the indicator. Previously, EPA used PM10 (inhalable particles smaller than or equal to 10 micrometers in diameter) as the indicator for the PM NAAQS. EPA established health-based (primary) annual and 24-hour standards for PM2.5, setting an annual standard at a level of 15.0 micrograms per cubic meter (mg/m3) and a 24-hour standard at a level of 65 mg/m3 (62 FR 38652). At the time the 1997 primary standards were established, EPA also established welfare-based (secondary) standards identical to the primary standards. The secondary standards are designed to protect against major environmental effects of PM2.5, such as visibility impairment, soiling, and materials damage. On October 17, 2006, EPA revised the primary and secondary 24-hour NAAQS for PM2.5 to 35 mg/m3 and retained the existing annual PM2.5 NAAQS of 15.0 mg/m3 (71 FR 61236). On January 15, 2013, EPA published a final rule revising the annual PM2.5 NAAQS to 12 mg/m3(78 FR 3086). 2 The PM 2.5 Condensables Correction Rule and the GHG Step 3 Rule are discussed in more detail in E:\FR\FM\16OCR1.SGM Continued 16OCR1 47994 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations At this time, EPA is not acting on the changes to Rule 391–3–1–.01— ‘‘Definitions,’’ at paragraphs (llll) and (nnnn), and Rule 391–3–1–.02(4)— ‘‘Ambient Air Standards,’’ as included in the November 12, 2014 submittal, because EPA approved them on July 31, 2015. See 80 FR 45609. EPA is also not acting on a change included in the November 12, 2014 submittal at Rule 391–3–1– .02(7)(a)(2)(iv). This provision would have incorporated by reference the federal definition of the term ‘‘subject to regulation,’’ but provided that incorporation of the federal regulation would be automatically rescinded if certain triggering events occurred. EPA previously disapproved the portion of a January 13, 2011 SIP revision that sought to include Rule 391–3–1– .02(7)(a)(2)(iv) in the SIP. See 81 FR 11438 (March 4, 2016). Because this provision is not part of Georgia’s SIP, EPA is not acting on the State’s proposed change to that provision. Finally, EPA is not acting on the changes included in the November 12, 2014 submittal regarding a new definition of the term ‘‘regulated NSR pollutant’’ at Rule 391–3–1– .02(7)(a)(2)(ix) because Georgia withdrew these changes from EPA’s consideration in a December 1, 2016 letter.3 jstallworth on DSKBBY8HB2PROD with RULES II. Background On August 15, 2017 (82 FR 38646), EPA proposed to approve several changes to Georgia’s SIP, including changes to Rule 391–3–1–.02(7) in the State’s November 12, 2014, SIP revision adopting the PM2.5 Condensables Correction Rule and GHG PALs from the GHG Step 3 Rule. The proposed rule accompanied a direct final rule published on the same day in the Federal Register. See 82 FR 38605. EPA received an adverse comment on the portion of the rulemaking regarding the changes to Rule 391–3–1–.02(7) concerning GHG permitting. Accordingly, EPA is withdrawing the direct final action through a separate action published elsewhere in this issue of the Federal Register. EPA did not receive comments on Rule 391–3–1– .03(8)—‘‘Permit Requirements’’ see the August 15, 2017, direct final action for more information concerning the approval of this rule. the August 15, 2017 direct final rule, which is being withdrawn in the rules section of this Federal Register. See 82 FR 38605. 3 In the December 1, 2016 letter, Georgia also withdrew changes regarding the term ‘‘regulated NSR pollutant’’ at Rule 391–3–1–.02(7)(a)(2)(ix). The December 1, 2016 letter is included in the docket for this action. VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 III. Response to Comment As stated previously, EPA received one adverse comment on the direct final rule. This comment is located in the docket for this action, and a summary of the comment and EPA’s response is provided below. Comment: The Commenter ‘‘agree[d] with the action being taken,’’ but asserted that EPA should ‘‘require PSD permits for GHG only sources . . . and disapprove the Georgia SIP revision and put in place a FIP [Federal Implementation Plan] which would control GHGs of major stationary sources.’’ 4 Response: Georgia has a SIP-approved PSD program that includes the regulation of GHG-only sources under Step 2 of the GHG Tailoring Rule. See 76 FR 55572 (September 8, 2011). Georgia did not request removal of the Step 2 regulations from its SIP in the November 12, 2014 SIP revision; therefore, Step 2 permitting is outside the scope of this action. As it relates to GHG permitting, this action only incorporates the GHG PAL provisions from EPA’s GHG Step 3 Rule into Georgia’s SIP. Although Step 2 permitting is beyond the scope of this action, EPA notes that the United States Supreme Court invalidated EPA’s regulation of Step 2 sources in Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). In accordance with this decision, the United States Court of Appeals for the District of Columbia Circuit vacated the federal regulations that implemented Step 2 of the GHG Tailoring Rule. See Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 2015). Subsequently, EPA removed the vacated elements from its rules. See 4 On January 2, 2011, GHG emissions were, for the first time, covered by the PSD and title V operating permit programs. See 75 FR 17004 (April 2, 2010). To establish a process for phasing in the permitting requirements for stationary sources of GHGs under the CAA PSD and title V programs, on June 3, 2010, the EPA published a final rule entitled ‘‘Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule’’ (hereinafter referred to as the GHG Tailoring Rule). See 75 FR 31514. In Step 1 of the GHG Tailoring Rule, which began on January 2, 2011, the EPA limited application of PSD and title V requirements to sources of GHG emissions only if they were subject to PSD or title V ‘‘anyway’’ due to their emissions of pollutants other than GHGs. These sources are referred to as ‘‘anyway sources.’’ In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 2011, the PSD and title V permitting requirements applied to some sources that were classified as major sources based solely on their GHG emissions or potential to emit GHGs. Step 2 also applied PSD permitting requirements to modifications of otherwise major sources that would increase only GHG emissions above the level in the EPA regulations. EPA generally described the sources covered by PSD during Step 2 of the GHG Tailoring Rule as ‘‘Step 2 sources’’ or ‘‘GHG-only sources.’’ PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 80 FR 50199 (August 19, 2015). EPA therefore no longer has the authority to conduct PSD permitting for Step 2 sources, approve provisions submitted by a state for inclusion in its SIP providing this authority, or put a FIP in place to permit Step 2 sources. IV. 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– .02(7)—‘‘Prevention of Significant Deterioration’’ at subparagraph (a)(1), effective October 14, 2014,5 which revises PSD rules, and Rule 391–3–1– .03(8) ‘‘Permit Requirements’’ at paragraph (g), effective September 13, 2011, which revises NNSR rules, and at paragraph (d), effective August 1, 2013, which revises generally applicable permitting requirements. 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, 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 by the Director of the Federal Register in the next update to the SIP compilation.6 V. Final Action EPA is approving the aforementioned changes to the Georgia SIP regarding the PM2.5 Condensables Correction Rule and GHG PALs from the GHG Step 3 Rule, submitted on November 12, 2014, because they are consistent with the CAA and its implementing regulations. VI. 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 5 See 6 62 E:\FR\FM\16OCR1.SGM Section I, above, for additional detail. FR 27968 (May 22, 1997). 16OCR1 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 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 mandates 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). 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 December 15, 2017. Filing a petition for reconsideration by the 47995 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds. Dated: September 29, 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. Section 52.570(c) is amended by revising the entries ‘‘391–3–1–.02(7)’’ and ‘‘391–3–1–.03’’ to read as follows: ■ § 52.570 * Identification of plan. * * (c) * * * * * EPA-APPROVED GEORGIA REGULATIONS Title/subject * 391–3–1–.02(7) .............. jstallworth on DSKBBY8HB2PROD with RULES State citation * * Prevention of Significant Deterioration of Air Quality (PSD). VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 State effective date 10/14/2014 Frm 00043 EPA approval date Explanation * * 10/16/2017, [Insert citation of publication]. * * EPA is not incorporating the revision to Georgia Rule 391–3–1–.02(7)(a)(2)(iv) included in Georgia’s November 12, 2014 SIP submittal because that provision is not in the SIP. See March 4, 2016 publication. The version of Georgia Rule 391–3–1–.02(7) in the SIP does not incorporate by reference: (1) The provisions amended in the Ethanol Rule to exclude facilities that produce ethanol through a natural fermentation process from the definition of ‘‘chemical process plants’’ in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely by the Fugitive Emissions Interim Rule, see March 30, 2011 publication. Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1 47996 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations EPA-APPROVED GEORGIA REGULATIONS—Continued State effective date State citation Title/subject * 391–3–1–.03 .................. * * Permits ......................... * * * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY * * Changes specifically to (8)—Permit Requirements at (d) (state effective August 1, 2013) and (g) (state effective September 13, 2011). [EPA–HQ–OPP–2016–0392; FRL–9966–73] Fenpicoxamid; Pesticide Tolerances Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes tolerances for residues of fenpicoxamid (XDE 777) in or on banana, rye, and wheat. Dow AgroSciences LLC requested these tolerances under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: This regulation is effective October 16, 2017. Objections and requests for hearings must be received on or before December 15, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2016–0392, is available at https://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at https://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael L. Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 DATES: Jkt 244001 * * I. General Information 40 CFR Part 180 jstallworth on DSKBBY8HB2PROD with RULES * * 10/16/2017, [Insert citation of publication]. Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: * 14:58 Oct 13, 2017 Explanation * [FR Doc. 2017–22250 Filed 10–13–17; 8:45 am] VerDate Sep<11>2014 8/1/2013 EPA approval date A. Does this action apply to me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through the Government Printing Office’s e-CFR site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab_02.tpl. C. How can I file an objection or hearing request? Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an objection to any aspect of this regulation and may also request a hearing on those objections. You must file your objection or request a hearing on this regulation in accordance with the instructions provided in 40 CFR part 178. To ensure proper receipt by EPA, you must identify docket ID number EPA–HQ– OPP–2016–0392 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before December 15, 2017. Addresses for mail and hand delivery of objections PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 * * and hearing requests are provided in 40 CFR 178.25(b). In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing (excluding any Confidential Business Information (CBI)) for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit the non-CBI copy of your objection or hearing request, identified by docket ID number EPA–HQ–OPP– 2016–0392, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute. • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/ DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001. • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at https:// www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at https:// www.epa.gov/dockets. II. Summary of Petitioned-For Tolerance In the Federal Register of December 20, 2016 (81 FR 92758) (FRL–9956–04), EPA issued a document pursuant to FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP 5E8440) by Dow AgroSciences LLC, 9330 Zionsville Rd, Indianapolis, IN 46268. The petition requested that 40 CFR part 180 be amended by establishing tolerances for residues of the fungicide fenpicoxamid (XDE- 777) in or on banana at 0.1 parts per million (ppm), rye, grain and wheat, grain at 0.7 ppm; and residues of fenpicoxamid and its metabolite X12326349 expressed as fenpicoxamid E:\FR\FM\16OCR1.SGM 16OCR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47993-47996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22250]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0078; FRL-9969-43-Region 4]

Air Plan Approval; Georgia: New Source Review Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve changes to the Georgia State Implementation Plan
(SIP) to revise new source review (NSR) permitting regulations. EPA is
approving a SIP revision submitted by the State of Georgia, through the
Georgia Department of Natural Resources' Environmental Protection
Division (GA EPD), on December 15, 2011, July 25, 2014, and November
12, 2014. This action is being taken pursuant to the Clean Air Act (CAA
or Act).

DATES: This rule is effective November 15, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0078. 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 the 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. 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: D. Brad Akers, 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. Akers can be reached via telephone at (404) 562-9089 or
via electronic mail at akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION:

I. What action is the Agency taking?

On November 12, 2014, GA EPD submitted a SIP revision to EPA for
approval that involves changes to Georgia's regulations to make them
consistent with federal requirements for NSR permitting, among other
changes. As described below, EPA is approving certain portions of this
Georgia submission that makes changes to Rule 391-3-1-.02(7)--
``Prevention of Significant Deterioration of Air Quality (PSD),'' which
applies to the construction and modification of any major stationary
source in areas designated as attainment or unclassifiable as required
by part C of title I of the CAA. Georgia's PSD regulations at Rule 391-
3-1-.02(7) were last updated in the SIP on April 9, 2013. See 78 FR
21065. EPA is also approving Rule 391-3-1.03(8)--``Permit
Requirements'' at paragraph (g), which revises NNSR rules, and at
paragraph (d) as explained in the August 15, 2017 (82 FR 38646) direct
final rule.
Georgia's November 12, 2014 SIP revision makes changes to the PSD
regulations to reflect changes to the federal PSD regulations at 40 CFR
52.21, including provisions promulgated in the following federal rule:
``Implementation of the New Source Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers (PM2.5): \1\ Amendment to
the Definition of `Regulated NSR Pollutant' Concerning Condensable
Particulate Matter,'' Final Rule, 77 FR 65107 (October 25, 2012)
(hereinafter referred to as the PM2.5 Condensables
Correction Rule). Georgia's November 12, 2014 SIP revision also makes
changes to Georgia's PSD program to incorporate plantwide applicability
limits (PALs) for greenhouse gases (GHGs) as allowed in the federal
rule entitled ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability
Limits.'' See 77 FR 41051 (July 12, 2012) (hereinafter referred to as
the GHG Step 3 Rule).\2\
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\1\ Airborne particulate matter (PM) with a nominal aerodynamic
diameter of 2.5 micrometers or less (a micrometer is one-millionth
of a meter, and 2.5 micrometers is less than one-seventh the average
width of a human hair) are considered to be ``fine particles'' and
are also known as PM2.5. Fine particles in the atmosphere
are made up of a complex mixture of components including sulfate;
nitrate; ammonium; elemental carbon; a great variety of organic
compounds; and inorganic material (including metals, dust, sea salt,
and other trace elements) generally referred to as ``crustal''
material, although it may contain material from other sources. The
health effects associated with exposure to PM2.5 include
potential aggravation of respiratory and cardiovascular disease
(i.e., lung disease, decreased lung function, asthma attacks and
certain cardiovascular issues). On July 18, 1997, EPA revised the
NAAQS for PM to add new standards for fine particles, using
PM2.5 as the indicator. Previously, EPA used
PM10 (inhalable particles smaller than or equal to 10
micrometers in diameter) as the indicator for the PM NAAQS. EPA
established health-based (primary) annual and 24-hour standards for
PM2.5, setting an annual standard at a level of 15.0
micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at
a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997
primary standards were established, EPA also established welfare-
based (secondary) standards identical to the primary standards. The
secondary standards are designed to protect against major
environmental effects of PM2.5, such as visibility
impairment, soiling, and materials damage. On October 17, 2006, EPA
revised the primary and secondary 24-hour NAAQS for PM2.5
to 35 [micro]g/m\3\ and retained the existing annual
PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On
January 15, 2013, EPA published a final rule revising the annual
PM2.5 NAAQS to 12 [micro]g/m\3\(78 FR 3086).
\2\ The PM2.5 Condensables Correction Rule and the
GHG Step 3 Rule are discussed in more detail in the August 15, 2017
direct final rule, which is being withdrawn in the rules section of
this Federal Register. See 82 FR 38605.

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[[Page 47994]]

At this time, EPA is not acting on the changes to Rule 391-3-
1-.01--``Definitions,'' at paragraphs (llll) and (nnnn), and Rule 391-
3-1-.02(4)--``Ambient Air Standards,'' as included in the November 12,
2014 submittal, because EPA approved them on July 31, 2015. See 80 FR
45609.
EPA is also not acting on a change included in the November 12,
2014 submittal at Rule 391-3-1-.02(7)(a)(2)(iv). This provision would
have incorporated by reference the federal definition of the term
``subject to regulation,'' but provided that incorporation of the
federal regulation would be automatically rescinded if certain
triggering events occurred. EPA previously disapproved the portion of a
January 13, 2011 SIP revision that sought to include Rule 391-3-
1-.02(7)(a)(2)(iv) in the SIP. See 81 FR 11438 (March 4, 2016). Because
this provision is not part of Georgia's SIP, EPA is not acting on the
State's proposed change to that provision.
Finally, EPA is not acting on the changes included in the November
12, 2014 submittal regarding a new definition of the term ``regulated
NSR pollutant'' at Rule 391-3-1-.02(7)(a)(2)(ix) because Georgia
withdrew these changes from EPA's consideration in a December 1, 2016
letter.\3\
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\3\ In the December 1, 2016 letter, Georgia also withdrew
changes regarding the term ``regulated NSR pollutant'' at Rule 391-
3-1-.02(7)(a)(2)(ix). The December 1, 2016 letter is included in the
docket for this action.
---------------------------------------------------------------------------

II. Background

On August 15, 2017 (82 FR 38646), EPA proposed to approve several
changes to Georgia's SIP, including changes to Rule 391-3-1-.02(7) in
the State's November 12, 2014, SIP revision adopting the
PM2.5 Condensables Correction Rule and GHG PALs from the GHG
Step 3 Rule. The proposed rule accompanied a direct final rule
published on the same day in the Federal Register. See 82 FR 38605. EPA
received an adverse comment on the portion of the rulemaking regarding
the changes to Rule 391-3-1-.02(7) concerning GHG permitting.
Accordingly, EPA is withdrawing the direct final action through a
separate action published elsewhere in this issue of the Federal
Register. EPA did not receive comments on Rule 391-3-1-.03(8)--``Permit
Requirements'' see the August 15, 2017, direct final action for more
information concerning the approval of this rule.

III. Response to Comment

As stated previously, EPA received one adverse comment on the
direct final rule. This comment is located in the docket for this
action, and a summary of the comment and EPA's response is provided
below.
Comment: The Commenter ``agree[d] with the action being taken,''
but asserted that EPA should ``require PSD permits for GHG only sources
. . . and disapprove the Georgia SIP revision and put in place a FIP
[Federal Implementation Plan] which would control GHGs of major
stationary sources.'' \4\
---------------------------------------------------------------------------

\4\ On January 2, 2011, GHG emissions were, for the first time,
covered by the PSD and title V operating permit programs. See 75 FR
17004 (April 2, 2010). To establish a process for phasing in the
permitting requirements for stationary sources of GHGs under the CAA
PSD and title V programs, on June 3, 2010, the EPA published a final
rule entitled ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule'' (hereinafter referred to as the GHG
Tailoring Rule). See 75 FR 31514. In Step 1 of the GHG Tailoring
Rule, which began on January 2, 2011, the EPA limited application of
PSD and title V requirements to sources of GHG emissions only if
they were subject to PSD or title V ``anyway'' due to their
emissions of pollutants other than GHGs. These sources are referred
to as ``anyway sources.'' In Step 2 of the GHG Tailoring Rule, which
applied as of July 1, 2011, the PSD and title V permitting
requirements applied to some sources that were classified as major
sources based solely on their GHG emissions or potential to emit
GHGs. Step 2 also applied PSD permitting requirements to
modifications of otherwise major sources that would increase only
GHG emissions above the level in the EPA regulations. EPA generally
described the sources covered by PSD during Step 2 of the GHG
Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.''
---------------------------------------------------------------------------

Response: Georgia has a SIP-approved PSD program that includes the
regulation of GHG-only sources under Step 2 of the GHG Tailoring Rule.
See 76 FR 55572 (September 8, 2011). Georgia did not request removal of
the Step 2 regulations from its SIP in the November 12, 2014 SIP
revision; therefore, Step 2 permitting is outside the scope of this
action. As it relates to GHG permitting, this action only incorporates
the GHG PAL provisions from EPA's GHG Step 3 Rule into Georgia's SIP.
Although Step 2 permitting is beyond the scope of this action, EPA
notes that the United States Supreme Court invalidated EPA's regulation
of Step 2 sources in Utility Air Regulatory Group (UARG) v. EPA, 134 S.
Ct. 2427 (2014). In accordance with this decision, the United States
Court of Appeals for the District of Columbia Circuit vacated the
federal regulations that implemented Step 2 of the GHG Tailoring Rule.
See Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx.
6, 7 (D.C. Cir. 2015). Subsequently, EPA removed the vacated elements
from its rules. See 80 FR 50199 (August 19, 2015). EPA therefore no
longer has the authority to conduct PSD permitting for Step 2 sources,
approve provisions submitted by a state for inclusion in its SIP
providing this authority, or put a FIP in place to permit Step 2
sources.

IV. 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-.02(7)--``Prevention of Significant Deterioration'' at
subparagraph (a)(1), effective October 14, 2014,\5\ which revises PSD
rules, and Rule 391-3-1-.03(8) ``Permit Requirements'' at paragraph
(g), effective September 13, 2011, which revises NNSR rules, and at
paragraph (d), effective August 1, 2013, which revises generally
applicable permitting requirements. 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, 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 by the Director of the Federal Register in the next update to
the SIP compilation.\6\
---------------------------------------------------------------------------

\5\ See Section I, above, for additional detail.
\6\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Final Action

EPA is approving the aforementioned changes to the Georgia SIP
regarding the PM2.5 Condensables Correction Rule and GHG
PALs from the GHG Step 3 Rule, submitted on November 12, 2014, because
they are consistent with the CAA and its implementing regulations.

VI. 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

[[Page 47995]]

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 mandates 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).
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 December 15, 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. 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 29, 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. Section 52.570(c) is amended by revising the entries ``391-3-
1-.02(7)'' and ``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 date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
391-3-1-.02(7)................... Prevention of 10/14/2014 10/16/2017, EPA is not
Significant [Insert citation incorporating the
Deterioration of of publication]. revision to Georgia
Air Quality (PSD). Rule 391-3-1-
.02(7)(a)(2)(iv)
included in Georgia's
November 12, 2014 SIP
submittal because
that provision is not
in the SIP. See March
4, 2016 publication.
The version of Georgia
Rule 391-3-1-.02(7)
in the SIP does not
incorporate by
reference: (1) The
provisions amended in
the Ethanol Rule to
exclude facilities
that produce ethanol
through a natural
fermentation process
from the definition
of ``chemical process
plants'' in the major
NSR source permitting
program found at 40
CFR 52.21(b)(1)(i)(a)
and (b)(1)(iii)(t),
or (2) the provisions
at 40 CFR
52.21(b)(2)(v) and
(b)(3)(iii)(c) that
were stayed
indefinitely by the
Fugitive Emissions
Interim Rule, see
March 30, 2011
publication.

[[Page 47996]]

* * * * * * *
391-3-1-.03...................... Permits........... 8/1/2013 10/16/2017, Changes specifically
[Insert citation to (8)--Permit
of publication]. Requirements at (d)
(state effective
August 1, 2013) and
(g) (state effective
September 13, 2011).

* * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-22250 Filed 10-13-17; 8:45 am]
BILLING CODE 6560-50-P

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