Air Plan Approval; Georgia; Regional Haze Plan and Prong 4 (Visibility) for the 2012 PM2.5, 19637-19641 [2018-09412]

Download as PDF Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations * * * * * 5. Section 52.144 is amended by adding paragraph (c) to read as follows: ■ § 52.144 quality. Significant deterioration of air * * * * * (c) The requirements of sections 160 through 165 of the Clean Air Act are met as they apply to stationary sources under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ), except with respect to emissions of greenhouse gases (GHGs) (as defined in § 52.21(b)(49)(i)). Therefore, the provisions of § 52.21, except paragraph (a)(1) of this section, for GHGs are hereby made a part of the plan for stationary sources under the jurisdiction of ADEQ as it applies to the stationary sources described in § 52.21(b)(49)(iv). [FR Doc. 2018–09205 Filed 5–3–18; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2016–0315; FRL–9977–49– Region 4] Air Plan Approval; Georgia; Regional Haze Plan and Prong 4 (Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone NAAQS Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving the portion of Georgia’s July 26, 2017, State Implementation Plan (SIP) submittal changing reliance from the Clean Air Interstate Rule (CAIR) to the Cross-State Air Pollution Rule (CSAPR) for certain regional haze requirements. EPA is also converting the previous limited approval/limited disapproval of Georgia’s regional haze plan to a full approval and is removing the Federal Implementation Plan (FIP) for Georgia which replaced reliance on CAIR with reliance on CSAPR. Finally, EPA is converting the conditional approvals to full approvals for the visibility prong of Georgia’s infrastructure SIP submittals for the 2012 Fine Particulate Matter (PM2.5), 2010 Nitrogen Dioxide (NO2), 2010 Sulfur Dioxide (SO2), and 2008 8hour Ozone National Ambient Air Quality Standards (NAAQS). DATES: This rule will be effective June 4, 2018. ADDRESSES: EPA has established a docket for this action under Docket amozie on DSK3GDR082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:15 May 03, 2018 Jkt 244001 Identification No. EPA–R04–OAR– 2016–0315. All documents in the docket are listed on the www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, 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: Michele Notarianni, 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. Ms. Notarianni can be reached by telephone at (404) 562– 9031 or via electronic mail at notarianni.michele@epa.gov. SUPPLEMENTARY INFORMATION: I. Background A. Regional Haze Plans and Their Relationship With CAIR and CSAPR Section 169A(b)(2)(A) of the Clean Air Act (CAA or Act) requires states to submit regional haze plans that contain such measures as may be necessary to make reasonable progress towards the natural visibility goal, including a requirement that certain categories of existing major stationary sources built between 1962 and 1977 procure, install, and operate Best Available Retrofit Technology (BART) as determined by the state. Under the Regional Haze Rule (RHR), states are directed to conduct BART determinations for such ‘‘BARTeligible’’ sources that may be anticipated to cause or contribute to any visibility impairment in a Class I area. Rather than requiring source-specific BART controls, states also have the flexibility to adopt an emissions trading program or other alternative program as long as the alternative provides greater reasonable progress towards improving PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 19637 visibility than BART. See 40 CFR 51.308(e)(2). EPA provided states with this flexibility in the RHR, adopted in 1999, and further refined the criteria for assessing whether an alternative program provides for greater reasonable progress in two subsequent rulemakings. See 64 FR 35714 (July 1, 1999); 70 FR 39104 (July 6, 2005); 71 FR 60612 (October 13, 2006). EPA demonstrated that CAIR would achieve greater reasonable progress than BART in revisions to the regional haze program made in 2005.1 See 70 FR 39104 (July 6, 2005). In those revisions, EPA amended its regulations to provide that states participating in the CAIR cap-andtrade programs pursuant to an EPAapproved CAIR SIP or states that remain subject to a CAIR FIP need not require affected BART-eligible electric generating units (EGUs) to install, operate, and maintain BART for emissions of SO2 and nitrogen oxides (NOX). As a result of EPA’s determination that CAIR was ‘‘betterthan-BART,’’ a number of states in the CAIR region, including Georgia, relied on the CAIR cap-and-trade programs as an alternative to BART for EGU emissions of SO2 and NOX in designing their regional haze plans. These states also relied on CAIR as an element of a long-term strategy (LTS) for achieving their reasonable progress goals (RPGs) for their regional haze programs. However, in 2008, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded CAIR to EPA without vacatur to preserve the environmental benefits provided by CAIR. North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit’s remand, EPA promulgated CSAPR to replace CAIR and issued FIPs to implement the rule in CSAPR-subject states.2 Implementation of CSAPR was scheduled to begin on January 1, 2012, 1 CAIR created regional cap-and-trade programs to reduce SO2 and NOX emissions in 27 eastern states (and the District of Columbia), including Georgia, that contributed to downwind nonattainment or interfered with maintenance of the 1997 8-hour ozone NAAQS or the 1997 PM2.5 NAAQS. 2 CSAPR requires 28 eastern states to limit their statewide emissions of SO2 and/or NOX in order to mitigate transported air pollution unlawfully impacting other states’ ability to attain or maintain four NAAQS: the 1997 ozone NAAQS, the 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR emissions limitations are defined in terms of maximum statewide ‘‘budgets’’ for emissions of annual SO2, annual NOX, and/or ozone-season NOX by each covered state’s large EGUs. The CSAPR state budgets are implemented in two phases of generally increasing stringency, with the Phase 1 budgets applying to emissions in 2015 and 2016 and the Phase 2 budgets applying to emissions in 2017 and later years. E:\FR\FM\04MYR1.SGM 04MYR1 19638 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations amozie on DSK3GDR082PROD with RULES when CSAPR would have superseded the CAIR program. Due to the D.C. Circuit’s 2008 ruling that CAIR was ‘‘fatally flawed’’ and its resulting status as a temporary measure following that ruling, EPA could not fully approve regional haze plans to the extent that they relied on CAIR to satisfy the BART requirement and the requirement for a LTS sufficient to achieve the state-adopted RPGs. On these grounds, EPA finalized a limited disapproval of Georgia’s regional haze plan on June 7, 2012 (77 FR 33642), and in the same action, promulgated a FIP to replace reliance on CAIR with reliance on CSAPR to address the deficiencies in Georgia’s regional haze plan. EPA finalized a limited approval of Georgia’s regional haze plan on June 28, 2012 (77 FR 38501), as meeting the remaining applicable regional haze requirements set forth in the CAA and the RHR. In the June 7, 2012, limited disapproval action, EPA also amended the RHR to provide that participation by a state’s EGUs in a CSAPR trading program for a given pollutant—either a CSAPR federal trading program implemented through a CSAPR FIP or an integrated CSAPR state trading program implemented through an approved CSAPR SIP revision— qualifies as a BART alternative for those EGUs for that pollutant. See 40 CFR 51.308(e)(4). Since EPA promulgated this amendment, numerous states covered by CSAPR have come to rely on the provision through either SIPs or FIPs.3 Numerous parties filed petitions for review of CSAPR in the D.C. Circuit, and on August 21, 2012, the court issued its ruling, vacating and remanding CSAPR to EPA and ordering continued implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit’s vacatur of CSAPR was reversed by the United States Supreme Court on April 29, 2014, and the case was remanded to the D.C. Circuit to resolve remaining issues in accordance with the high court’s ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects, but invalidated without 3 EPA has promulgated FIPs relying on CSAPR participation for BART purposes for Georgia, Indiana, Iowa, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and West Virginia, 77 FR at 33654, and Nebraska, 77 FR 40150, 40151 (July 6, 2012). EPA has approved SIPs from several states relying on CSAPR participation for BART purposes. See, e.g., 82 FR 47393 (October 12, 2017) for Alabama; 77 FR 34801 (June 12, 2012) for Minnesota; and 77 FR 46952 (August 7, 2012) for Wisconsin. VerDate Sep<11>2014 16:15 May 03, 2018 Jkt 244001 vacating some of the CSAPR budgets as to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded budgets include the Phase 2 SO2 emissions budgets for Alabama, Georgia, South Carolina, and Texas and the Phase 2 ozone-season NOX budgets for 11 states. This litigation ultimately delayed implementation of CSAPR for three years, from January 1, 2012, when CSAPR’s cap-and-trade programs were originally scheduled to replace the CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule’s Phase 2 budgets that were originally promulgated to begin on January 1, 2014, began on January 1, 2017. On September 29, 2017 (82 FR 45481), EPA issued a final rule affirming the continued validity of the Agency’s 2012 determination that participation in CSAPR meets the RHR’s criteria for an alternative to the application of sourcespecific BART.4 EPA has determined that changes to CSAPR’s geographic scope resulting from the actions EPA has taken or expects to take in response to the D.C. Circuit’s budget remand do not affect the continued validity of participation in CSAPR as a BART alternative, because the changes in geographic scope would not have adversely affected the results of the air quality modeling analysis upon which the EPA based the 2012 determination. EPA’s September 29, 2017, determination was based, in part, on EPA’s final action approving a SIP revision from Alabama (81 FR 59869 (August 31, 2016)) adopting Phase 2 annual NOX and SO2 budgets equivalent to the federally-developed budgets and on SIP revisions submitted by Georgia and South Carolina to also adopt Phase 2 annual NOX and SO2 budgets equivalent to the federally-developed budgets.5 Since that time, EPA has approved the SIP revisions from Georgia and South Carolina. See 82 FR 47930 (October 13, 2017) and 82 FR 47936 (October 13, 2017), respectively. A portion of Georgia’s July 26, 2017, SIP submittal seeks to correct the deficiencies identified in the June 7, 2012, limited disapproval of its regional haze plan submitted on February 11, 2010, and supplemented on November 19, 2010, by replacing reliance on CAIR with reliance on CSAPR.6 Specifically, 4 Legal challenges to this rule are pending. Nat’l Parks Conservation Ass’n v. EPA, No. 17–1253 (D.C. Cir. filed November 28, 2017). 5 EPA proposed to approve the Georgia and South Carolina SIP revisions adopting CSAPR budgets on August 16, 2017 (82 FR 38866), and August 10, 2017 (82 FR 37389), respectively. 6 On October 13, 2017, (82 FR 47930), EPA approved the portions of the July 26, 2017, SIP PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Georgia requests that EPA amend the State’s regional haze plan by replacing its reliance on CAIR with CSAPR to satisfy SO2 and NOX BART requirements and first implementation period SO2 reasonable progress requirements for EGUs formerly subject to CAIR,7 and to support the RPGs for the Class I areas in Georgia for the first implementation period. EPA is approving the regional haze plan portion of the SIP submittal and amending the SIP accordingly. B. Infrastructure SIPs By statute, plans meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years (or less, if the Administrator so prescribes) after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ‘‘infrastructure SIP’’ submissions. Sections 110(a)(1) and (2) require states to address basic SIP elements such as for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the newly established or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs. Section 110(a)(2) lists specific elements that states must meet for the infrastructure SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state’s implementation plan at the time in which the state develops and submits submission incorporating into Georgia’s SIP the State’s regulations requiring Georgia EGUs to participate in CSAPR state trading programs for annual NOX and SO2 emissions integrated with the CSAPR federal trading programs and thus replacing the corresponding FIP requirements. In the October 13, 2017, action, EPA did not take any action regarding Georgia’s request in this July 26, 2017, SIP submission to revise the State’s regional haze plan nor regarding the prong 4 element of the 2008 8-hour ozone, 2010 1-hour NO2, 2010 1-hour SO2, and 2012 PM2.5 NAAQS. 7 In its regional haze plan, Georgia concluded and EPA found acceptable the State’s determination that no additional controls beyond CAIR are reasonable for SO2 for affected Georgia EGUs for the first implementation period, with the exception of five EGUs at three facilities owned by Georgia Power. See 77 FR 11464 (February 27, 2012). E:\FR\FM\04MYR1.SGM 04MYR1 amozie on DSK3GDR082PROD with RULES Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations the submission for a new or revised NAAQS.8 Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ‘‘prongs,’’ that must be addressed in infrastructure SIP submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong 1) and from interfering with maintenance of the NAAQS in another state (prong 2). The third and fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) or from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. A state can meet prong 4 requirements via confirmation in its infrastructure SIP submission that the state has an approved regional haze plan that fully meets the requirements of 40 CFR 51.308 or 51.309. 40 CFR 51.308 and 51.309 specifically require that a state participating in a regional planning process include all measures needed to achieve its apportionment of emission reduction obligations agreed upon through that process. A fully approved regional haze plan will ensure that emissions from sources under an air agency’s jurisdiction are not interfering with measures required to be included in other air agencies’ plans to protect visibility. Georgia’s May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; October 22, 2013, 2010 1-hour SO2 submission as supplemented on July 25, 2014; and December 14, 2015, 2012 annual PM2.5 submission rely on the State having a fully approved regional haze plan to satisfy its prong 4 requirements. EPA is approving the regional haze plan portion of the State’s July 26, 2017, SIP revision and converting EPA’s previous action on Georgia’s regional haze plan from a limited approval/limited disapproval to a full approval because 8 For additional information regarding EPA’s approach to the review of infrastructure SIP submissions, see, e.g., 81 FR 57544 (August 23, 2016) (proposal to approve portions of Georgia’s infrastructure SIP for the 2012 PM2.5 NAAQS). VerDate Sep<11>2014 16:15 May 03, 2018 Jkt 244001 final approval of this portion of the SIP revision would correct the deficiencies that led to EPA’s limited approval/ limited disapproval of the State’s regional haze plan. Specifically, EPA’s approval of this portion of Georgia’s July 26, 2017, SIP revision would satisfy the SO2 and NOX BART requirements and SO2 reasonable progress requirements for EGUs formerly subject to CAIR and the requirement that a LTS include measures as necessary to achieve the State-adopted RPGs. Because a state may satisfy prong 4 requirements through a fully approved regional haze plan, EPA is also converting the Agency’s September 26, 2016, conditional approvals to full approvals of the prong 4 portion of Georgia’s May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1hour NO2 submission; October 22, 2013, 2010 1-hour SO2 submission as supplemented on July 25, 2014; and December 14, 2015, 2012 annual PM2.5 submission. In a notice of proposed rulemaking (NPRM) published on February 2, 2018 (83 FR 4886), EPA proposed to take the following actions: (1) Approve the regional haze plan portion of Georgia’s July 26, 2017, SIP submission to change reliance from CAIR to CSAPR; (2) convert EPA’s limited approval/limited disapproval of Georgia’s February 11, 2010, regional haze plan as supplemented on November 19, 2010, to a full approval; (3) remove EPA’s FIP for Georgia which replaced reliance on CAIR with reliance on CSAPR to address the deficiencies identified in the limited disapproval of Georgia’s regional haze plan; and (4) convert EPA’s September 26, 2016, conditional approvals to full approvals of the prong 4 portion of Georgia’s May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; the State’s October 22, 2013, 2010 1hour SO2 submission as supplemented on July 25, 2014; and the State’s December 14, 2015, 2012 annual PM2.5 submission. The details of Georgia’s submission and the rationale for EPA’s actions are explained in the NPRM. Comments on the proposed rulemaking were due on or before March 5, 2018. EPA received no adverse comments on the proposed action. II. Final Actions As described above, EPA is taking the following actions: (1) Approving the regional haze plan portion of Georgia’s July 26, 2017, SIP submission to change reliance from CAIR to CSAPR; (2) converting EPA’s limited approval/ limited disapproval of Georgia’s February 11, 2010, regional haze plan as PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 19639 supplemented on November 19, 2010, to a full approval; (3) removing EPA’s FIP for Georgia which replaced reliance on CAIR with reliance on CSAPR to address the deficiencies identified in the limited disapproval of Georgia’s regional haze plan; and (4) converting EPA’s September 26, 2016, conditional approvals to full approvals of the prong 4 portion of Georgia’s May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; the State’s October 22, 2013, 2010 1hour SO2 submission as supplemented on July 25, 2014; and the State’s December 14, 2015, 2012 annual PM2.5 submission. All other applicable infrastructure requirements for the infrastructure SIP submissions have been or will be addressed in separate rulemakings. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. These actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these actions: • Are not significant regulatory actions 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); • Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because SIP approvals are exempted under Executive Order 12866; • Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Are 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.); • Do 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); • Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Are not economically significant regulatory actions based on health or E:\FR\FM\04MYR1.SGM 04MYR1 19640 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Are 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 • Do 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 these actions 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.These actions are 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 these actions must be filed in the United States Court of Appeals for the appropriate circuit by July 3, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of these actions 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. These actions 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, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: April 20, 2018. 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 § 52.569 [Removed and Reserved] 2. Section 52.569 is removed and reserved. ■ 3. Section 52.570(e) is amended by adding entries for ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS’’, ‘‘110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS’’, and ‘‘Regional Haze Plan Revision’’ at the end of the table to read as follows: ■ § 52.570 * Identification of plan. * * (e) * * * * * EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS Name of nonregulatory SIP provision amozie on DSK3GDR082PROD with RULES * * 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQS. 110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS. 110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS. 110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS. Regional Haze Plan Revision ......... VerDate Sep<11>2014 16:15 May 03, 2018 State submittal date/ effective date Applicable geographic or nonattainment area * Georgia ............. 3/25/2013 Georgia ............. EPA approval date Explanation * * 5/4/2018, ........................................ [Insert Federal Register citation] .. * * Addressing Prong 4 only. 7/25/2014 5/4/2018, ........................................ [Insert Federal Register citation] .. Addressing Prong 4 only. Georgia ............. 12/14/2015 5/4/2018, ........................................ [Insert Federal Register citation] .. Addressing Prong 4 only. Georgia ............. 5/14/2012 5/4/2018, ........................................ [Insert Federal Register citation] .. Addressing Prong 4 only. Georgia ............. 7/26/2017 5/4/2018, ........................................ [Insert Federal Register citation] .. Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\04MYR1.SGM 04MYR1 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations § 52.580 [Removed and Reserved] 4. Section 52.580 is removed and reserved. ■ [FR Doc. 2018–09412 Filed 5–3–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 201 [Docket DARS–2018–0017] RIN 0750–AJ69 Defense Federal Acquisition Regulation Supplement: Statement of Purpose for Department of Defense Acquisition (DFARS Case 2018–D005) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2018 to revise the DFARS to include a statement of purpose. DATES: Effective May 4, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Kelly Hughes, telephone 571–372–6090. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to implement section 801 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115–404). Section 801 directs the insertion of a statement of purpose for Department of Defense acquisition in the DFARS. This rule adds the statement of purpose to DFARS 201.101. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items amozie on DSK3GDR082PROD with RULES This rule does not add any new provisions or clauses or impact existing provisions or clauses. The rule merely adds a purpose statement to the regulations. III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is the Office of Federal Procurement Policy statute (codified at VerDate Sep<11>2014 16:15 May 03, 2018 Jkt 244001 title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it clarifies the purpose of the defense system as required by the NDAA for FY 2018. There is no cost or administrative impact on contractors or offerors. These requirements affect only the internal operating guidance of the Government. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. V. Executive Order 13771 This rule is not subject to Executive Order (E.O.) 13771, Reducing Regulation and Controlling Regulatory Costs, because the rule relates to agency organization, management, or personnel. VI. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. VII. Paperwork Reduction Act The rule does not contain any information collection requirements that PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 19641 require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 201 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, 48 CFR part 201 is amended as follows: PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM 1. The authority citation for part 201 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Add section 201.101 to subpart 201.1 to read as follows: ■ 201.101 Purpose. (1) The defense acquisition system, as defined in 10 U.S.C. 2545, exists to manage the investments of the United States in technologies, programs, and product support necessary to achieve the national security strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043) and to support the United States Armed Forces. (2) The investment strategy of DoD shall be postured to support not only the current United States armed forces, but also future armed forces of the United States. (3) The primary objective of DoD acquisition is to acquire quality supplies and services that satisfy user needs with measurable improvements to mission capability and operational support at a fair and reasonable price. [FR Doc. 2018–09488 Filed 5–3–18; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212, 246, and 252 [Docket DARS–2016–0014] RIN 0750–AI92 Defense Federal Acquisition Regulation Supplement: Amendments Related to Sources of Electronic Parts (DFARS Case 2016–D013) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: E:\FR\FM\04MYR1.SGM 04MYR1

Agencies

[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Pages 19637-19641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09412]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0315; FRL-9977-49-Region 4]


Air Plan Approval; Georgia; Regional Haze Plan and Prong 4 
(Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone 
NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving the 
portion of Georgia's July 26, 2017, State Implementation Plan (SIP) 
submittal changing reliance from the Clean Air Interstate Rule (CAIR) 
to the Cross-State Air Pollution Rule (CSAPR) for certain regional haze 
requirements. EPA is also converting the previous limited approval/
limited disapproval of Georgia's regional haze plan to a full approval 
and is removing the Federal Implementation Plan (FIP) for Georgia which 
replaced reliance on CAIR with reliance on CSAPR. Finally, EPA is 
converting the conditional approvals to full approvals for the 
visibility prong of Georgia's infrastructure SIP submittals for the 
2012 Fine Particulate Matter (PM2.5), 2010 Nitrogen Dioxide 
(NO2), 2010 Sulfur Dioxide (SO2), and 2008 8-hour 
Ozone National Ambient Air Quality Standards (NAAQS).

DATES: This rule will be effective June 4, 2018.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0315. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, 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: Michele Notarianni, 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. Ms. Notarianni can be reached by telephone at (404) 562-
9031 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. Regional Haze Plans and Their Relationship With CAIR and CSAPR

    Section 169A(b)(2)(A) of the Clean Air Act (CAA or Act) requires 
states to submit regional haze plans that contain such measures as may 
be necessary to make reasonable progress towards the natural visibility 
goal, including a requirement that certain categories of existing major 
stationary sources built between 1962 and 1977 procure, install, and 
operate Best Available Retrofit Technology (BART) as determined by the 
state. Under the Regional Haze Rule (RHR), states are directed to 
conduct BART determinations for such ``BART-eligible'' sources that may 
be anticipated to cause or contribute to any visibility impairment in a 
Class I area. Rather than requiring source-specific BART controls, 
states also have the flexibility to adopt an emissions trading program 
or other alternative program as long as the alternative provides 
greater reasonable progress towards improving visibility than BART. See 
40 CFR 51.308(e)(2). EPA provided states with this flexibility in the 
RHR, adopted in 1999, and further refined the criteria for assessing 
whether an alternative program provides for greater reasonable progress 
in two subsequent rulemakings. See 64 FR 35714 (July 1, 1999); 70 FR 
39104 (July 6, 2005); 71 FR 60612 (October 13, 2006).
    EPA demonstrated that CAIR would achieve greater reasonable 
progress than BART in revisions to the regional haze program made in 
2005.\1\ See 70 FR 39104 (July 6, 2005). In those revisions, EPA 
amended its regulations to provide that states participating in the 
CAIR cap-and-trade programs pursuant to an EPA-approved CAIR SIP or 
states that remain subject to a CAIR FIP need not require affected 
BART-eligible electric generating units (EGUs) to install, operate, and 
maintain BART for emissions of SO2 and nitrogen oxides 
(NOX). As a result of EPA's determination that CAIR was 
``better-than-BART,'' a number of states in the CAIR region, including 
Georgia, relied on the CAIR cap-and-trade programs as an alternative to 
BART for EGU emissions of SO2 and NOX in 
designing their regional haze plans. These states also relied on CAIR 
as an element of a long-term strategy (LTS) for achieving their 
reasonable progress goals (RPGs) for their regional haze programs. 
However, in 2008, the United States Court of Appeals for the District 
of Columbia Circuit (D.C. Circuit) remanded CAIR to EPA without vacatur 
to preserve the environmental benefits provided by CAIR. North Carolina 
v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 
48208), acting on the D.C. Circuit's remand, EPA promulgated CSAPR to 
replace CAIR and issued FIPs to implement the rule in CSAPR-subject 
states.\2\ Implementation of CSAPR was scheduled to begin on January 1, 
2012,

[[Page 19638]]

when CSAPR would have superseded the CAIR program.
---------------------------------------------------------------------------

    \1\ CAIR created regional cap-and-trade programs to reduce 
SO2 and NOX emissions in 27 eastern states 
(and the District of Columbia), including Georgia, that contributed 
to downwind nonattainment or interfered with maintenance of the 1997 
8-hour ozone NAAQS or the 1997 PM2.5 NAAQS.
    \2\ CSAPR requires 28 eastern states to limit their statewide 
emissions of SO2 and/or NOX in order to 
mitigate transported air pollution unlawfully impacting other 
states' ability to attain or maintain four NAAQS: the 1997 ozone 
NAAQS, the 1997 annual PM2.5 NAAQS, the 2006 24-hour 
PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR 
emissions limitations are defined in terms of maximum statewide 
``budgets'' for emissions of annual SO2, annual 
NOX, and/or ozone-season NOX by each covered 
state's large EGUs. The CSAPR state budgets are implemented in two 
phases of generally increasing stringency, with the Phase 1 budgets 
applying to emissions in 2015 and 2016 and the Phase 2 budgets 
applying to emissions in 2017 and later years.
---------------------------------------------------------------------------

    Due to the D.C. Circuit's 2008 ruling that CAIR was ``fatally 
flawed'' and its resulting status as a temporary measure following that 
ruling, EPA could not fully approve regional haze plans to the extent 
that they relied on CAIR to satisfy the BART requirement and the 
requirement for a LTS sufficient to achieve the state-adopted RPGs. On 
these grounds, EPA finalized a limited disapproval of Georgia's 
regional haze plan on June 7, 2012 (77 FR 33642), and in the same 
action, promulgated a FIP to replace reliance on CAIR with reliance on 
CSAPR to address the deficiencies in Georgia's regional haze plan. EPA 
finalized a limited approval of Georgia's regional haze plan on June 
28, 2012 (77 FR 38501), as meeting the remaining applicable regional 
haze requirements set forth in the CAA and the RHR.
    In the June 7, 2012, limited disapproval action, EPA also amended 
the RHR to provide that participation by a state's EGUs in a CSAPR 
trading program for a given pollutant--either a CSAPR federal trading 
program implemented through a CSAPR FIP or an integrated CSAPR state 
trading program implemented through an approved CSAPR SIP revision--
qualifies as a BART alternative for those EGUs for that pollutant. See 
40 CFR 51.308(e)(4). Since EPA promulgated this amendment, numerous 
states covered by CSAPR have come to rely on the provision through 
either SIPs or FIPs.\3\
---------------------------------------------------------------------------

    \3\ EPA has promulgated FIPs relying on CSAPR participation for 
BART purposes for Georgia, Indiana, Iowa, Kentucky, Michigan, 
Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, 
and West Virginia, 77 FR at 33654, and Nebraska, 77 FR 40150, 40151 
(July 6, 2012). EPA has approved SIPs from several states relying on 
CSAPR participation for BART purposes. See, e.g., 82 FR 47393 
(October 12, 2017) for Alabama; 77 FR 34801 (June 12, 2012) for 
Minnesota; and 77 FR 46952 (August 7, 2012) for Wisconsin.
---------------------------------------------------------------------------

    Numerous parties filed petitions for review of CSAPR in the D.C. 
Circuit, and on August 21, 2012, the court issued its ruling, vacating 
and remanding CSAPR to EPA and ordering continued implementation of 
CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 
2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United 
States Supreme Court on April 29, 2014, and the case was remanded to 
the D.C. Circuit to resolve remaining issues in accordance with the 
high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 
1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most 
respects, but invalidated without vacating some of the CSAPR budgets as 
to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 
118 (D.C. Cir. 2015). The remanded budgets include the Phase 2 
SO2 emissions budgets for Alabama, Georgia, South Carolina, 
and Texas and the Phase 2 ozone-season NOX budgets for 11 
states. This litigation ultimately delayed implementation of CSAPR for 
three years, from January 1, 2012, when CSAPR's cap-and-trade programs 
were originally scheduled to replace the CAIR cap-and-trade programs, 
to January 1, 2015. Thus, the rule's Phase 2 budgets that were 
originally promulgated to begin on January 1, 2014, began on January 1, 
2017.
    On September 29, 2017 (82 FR 45481), EPA issued a final rule 
affirming the continued validity of the Agency's 2012 determination 
that participation in CSAPR meets the RHR's criteria for an alternative 
to the application of source-specific BART.\4\ EPA has determined that 
changes to CSAPR's geographic scope resulting from the actions EPA has 
taken or expects to take in response to the D.C. Circuit's budget 
remand do not affect the continued validity of participation in CSAPR 
as a BART alternative, because the changes in geographic scope would 
not have adversely affected the results of the air quality modeling 
analysis upon which the EPA based the 2012 determination. EPA's 
September 29, 2017, determination was based, in part, on EPA's final 
action approving a SIP revision from Alabama (81 FR 59869 (August 31, 
2016)) adopting Phase 2 annual NOX and SO2 
budgets equivalent to the federally-developed budgets and on SIP 
revisions submitted by Georgia and South Carolina to also adopt Phase 2 
annual NOX and SO2 budgets equivalent to the 
federally-developed budgets.\5\ Since that time, EPA has approved the 
SIP revisions from Georgia and South Carolina. See 82 FR 47930 (October 
13, 2017) and 82 FR 47936 (October 13, 2017), respectively.
---------------------------------------------------------------------------

    \4\ Legal challenges to this rule are pending. Nat'l Parks 
Conservation Ass'n v. EPA, No. 17-1253 (D.C. Cir. filed November 28, 
2017).
    \5\ EPA proposed to approve the Georgia and South Carolina SIP 
revisions adopting CSAPR budgets on August 16, 2017 (82 FR 38866), 
and August 10, 2017 (82 FR 37389), respectively.
---------------------------------------------------------------------------

    A portion of Georgia's July 26, 2017, SIP submittal seeks to 
correct the deficiencies identified in the June 7, 2012, limited 
disapproval of its regional haze plan submitted on February 11, 2010, 
and supplemented on November 19, 2010, by replacing reliance on CAIR 
with reliance on CSAPR.\6\ Specifically, Georgia requests that EPA 
amend the State's regional haze plan by replacing its reliance on CAIR 
with CSAPR to satisfy SO2 and NOX BART 
requirements and first implementation period SO2 reasonable 
progress requirements for EGUs formerly subject to CAIR,\7\ and to 
support the RPGs for the Class I areas in Georgia for the first 
implementation period. EPA is approving the regional haze plan portion 
of the SIP submittal and amending the SIP accordingly.
---------------------------------------------------------------------------

    \6\ On October 13, 2017, (82 FR 47930), EPA approved the 
portions of the July 26, 2017, SIP submission incorporating into 
Georgia's SIP the State's regulations requiring Georgia EGUs to 
participate in CSAPR state trading programs for annual 
NOX and SO2 emissions integrated with the 
CSAPR federal trading programs and thus replacing the corresponding 
FIP requirements. In the October 13, 2017, action, EPA did not take 
any action regarding Georgia's request in this July 26, 2017, SIP 
submission to revise the State's regional haze plan nor regarding 
the prong 4 element of the 2008 8-hour ozone, 2010 1-hour 
NO2, 2010 1-hour SO2, and 2012 
PM2.5 NAAQS.
    \7\ In its regional haze plan, Georgia concluded and EPA found 
acceptable the State's determination that no additional controls 
beyond CAIR are reasonable for SO2 for affected Georgia 
EGUs for the first implementation period, with the exception of five 
EGUs at three facilities owned by Georgia Power. See 77 FR 11464 
(February 27, 2012).
---------------------------------------------------------------------------

B. Infrastructure SIPs

    By statute, plans meeting the requirements of sections 110(a)(1) 
and (2) of the CAA are to be submitted by states within three years (or 
less, if the Administrator so prescribes) after promulgation of a new 
or revised NAAQS to provide for the implementation, maintenance, and 
enforcement of the new or revised NAAQS. EPA has historically referred 
to these SIP submissions made for the purpose of satisfying the 
requirements of sections 110(a)(1) and 110(a)(2) as ``infrastructure 
SIP'' submissions. Sections 110(a)(1) and (2) require states to address 
basic SIP elements such as for monitoring, basic program requirements, 
and legal authority that are designed to assure attainment and 
maintenance of the newly established or revised NAAQS. More 
specifically, section 110(a)(1) provides the procedural and timing 
requirements for infrastructure SIPs. Section 110(a)(2) lists specific 
elements that states must meet for the infrastructure SIP requirements 
related to a newly established or revised NAAQS. The contents of an 
infrastructure SIP submission may vary depending upon the data and 
analytical tools available to the state, as well as the provisions 
already contained in the state's implementation plan at the time in 
which the state develops and submits

[[Page 19639]]

the submission for a new or revised NAAQS.\8\
---------------------------------------------------------------------------

    \8\ For additional information regarding EPA's approach to the 
review of infrastructure SIP submissions, see, e.g., 81 FR 57544 
(August 23, 2016) (proposal to approve portions of Georgia's 
infrastructure SIP for the 2012 PM2.5 NAAQS).
---------------------------------------------------------------------------

    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit 
any source or other type of emissions activity in one state from 
contributing significantly to nonattainment of the NAAQS in another 
state (prong 1) and from interfering with maintenance of the NAAQS in 
another state (prong 2). The third and fourth prongs, which are 
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures to protect visibility in 
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement.
    A state can meet prong 4 requirements via confirmation in its 
infrastructure SIP submission that the state has an approved regional 
haze plan that fully meets the requirements of 40 CFR 51.308 or 51.309. 
40 CFR 51.308 and 51.309 specifically require that a state 
participating in a regional planning process include all measures 
needed to achieve its apportionment of emission reduction obligations 
agreed upon through that process. A fully approved regional haze plan 
will ensure that emissions from sources under an air agency's 
jurisdiction are not interfering with measures required to be included 
in other air agencies' plans to protect visibility.
    Georgia's May 14, 2012, 2008 8-hour Ozone submission; March 25, 
2013, 2010 1-hour NO2 submission; October 22, 2013, 2010 1-
hour SO2 submission as supplemented on July 25, 2014; and 
December 14, 2015, 2012 annual PM2.5 submission rely on the 
State having a fully approved regional haze plan to satisfy its prong 4 
requirements. EPA is approving the regional haze plan portion of the 
State's July 26, 2017, SIP revision and converting EPA's previous 
action on Georgia's regional haze plan from a limited approval/limited 
disapproval to a full approval because final approval of this portion 
of the SIP revision would correct the deficiencies that led to EPA's 
limited approval/limited disapproval of the State's regional haze plan. 
Specifically, EPA's approval of this portion of Georgia's July 26, 
2017, SIP revision would satisfy the SO2 and NOX 
BART requirements and SO2 reasonable progress requirements 
for EGUs formerly subject to CAIR and the requirement that a LTS 
include measures as necessary to achieve the State-adopted RPGs. 
Because a state may satisfy prong 4 requirements through a fully 
approved regional haze plan, EPA is also converting the Agency's 
September 26, 2016, conditional approvals to full approvals of the 
prong 4 portion of Georgia's May 14, 2012, 2008 8-hour Ozone 
submission; March 25, 2013, 2010 1-hour NO2 submission; 
October 22, 2013, 2010 1-hour SO2 submission as supplemented 
on July 25, 2014; and December 14, 2015, 2012 annual PM2.5 
submission.
    In a notice of proposed rulemaking (NPRM) published on February 2, 
2018 (83 FR 4886), EPA proposed to take the following actions: (1) 
Approve the regional haze plan portion of Georgia's July 26, 2017, SIP 
submission to change reliance from CAIR to CSAPR; (2) convert EPA's 
limited approval/limited disapproval of Georgia's February 11, 2010, 
regional haze plan as supplemented on November 19, 2010, to a full 
approval; (3) remove EPA's FIP for Georgia which replaced reliance on 
CAIR with reliance on CSAPR to address the deficiencies identified in 
the limited disapproval of Georgia's regional haze plan; and (4) 
convert EPA's September 26, 2016, conditional approvals to full 
approvals of the prong 4 portion of Georgia's May 14, 2012, 2008 8-hour 
Ozone submission; March 25, 2013, 2010 1-hour NO2 
submission; the State's October 22, 2013, 2010 1-hour SO2 
submission as supplemented on July 25, 2014; and the State's December 
14, 2015, 2012 annual PM2.5 submission. The details of 
Georgia's submission and the rationale for EPA's actions are explained 
in the NPRM. Comments on the proposed rulemaking were due on or before 
March 5, 2018. EPA received no adverse comments on the proposed action.

II. Final Actions

    As described above, EPA is taking the following actions: (1) 
Approving the regional haze plan portion of Georgia's July 26, 2017, 
SIP submission to change reliance from CAIR to CSAPR; (2) converting 
EPA's limited approval/limited disapproval of Georgia's February 11, 
2010, regional haze plan as supplemented on November 19, 2010, to a 
full approval; (3) removing EPA's FIP for Georgia which replaced 
reliance on CAIR with reliance on CSAPR to address the deficiencies 
identified in the limited disapproval of Georgia's regional haze plan; 
and (4) converting EPA's September 26, 2016, conditional approvals to 
full approvals of the prong 4 portion of Georgia's May 14, 2012, 2008 
8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 
submission; the State's October 22, 2013, 2010 1-hour SO2 
submission as supplemented on July 25, 2014; and the State's December 
14, 2015, 2012 annual PM2.5 submission. All other applicable 
infrastructure requirements for the infrastructure SIP submissions have 
been or will be addressed in separate rulemakings.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. These actions merely 
approve state law as meeting Federal requirements and do not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory actions because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based 
on health or

[[Page 19640]]

safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
1997);
     Are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 these actions 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.These actions are 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 these actions must be filed in the United States Court of Appeals 
for the appropriate circuit by July 3, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of these actions 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. These actions 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, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: April 20, 2018.
 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


Sec.  52.569  [Removed and Reserved]

0
2. Section 52.569 is removed and reserved.

0
3. Section 52.570(e) is amended by adding entries for ``110(a)(1) and 
(2) Infrastructure Requirements for the 2010 1-hour NO2 
NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 
1-hour SO2 NAAQS'', ``110(a)(1) and (2) Infrastructure 
Requirements for the 2012 Annual PM2.5 NAAQS'', ``110(a)(1) 
and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS'', 
and ``Regional Haze Plan Revision'' at the end of the table to read as 
follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                                               State
                                                             submittal
    Name of nonregulatory SIP     Applicable geographic or     date/      EPA approval date       Explanation
            provision                nonattainment area      effective
                                                                date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
110(a)(1) and (2) Infrastructure  Georgia.................    3/25/2013  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2010 1-                                            [Insert Federal       only.
 hour NO2 NAAQS.                                                          Register citation].
110(a)(1) and (2) Infrastructure  Georgia.................    7/25/2014  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2010 1-                                            [Insert Federal       only.
 hour SO2 NAAQS.                                                          Register citation].
110(a)(1) and (2) Infrastructure  Georgia.................   12/14/2015  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2012                                               [Insert Federal       only.
 Annual PM2.5 NAAQS.                                                      Register citation].
110(a)(1) and (2) Infrastructure  Georgia.................    5/14/2012  5/4/2018,..........  Addressing Prong 4
 Requirements for the 2008 8-                                            [Insert Federal       only.
 hour Ozone NAAQS.                                                        Register citation].
Regional Haze Plan Revision.....  Georgia.................    7/26/2017  5/4/2018,..........  ..................
                                                                         [Insert Federal
                                                                          Register citation].
----------------------------------------------------------------------------------------------------------------


[[Page 19641]]

Sec.  52.580  [Removed and Reserved]

0
4. Section 52.580 is removed and reserved.

[FR Doc. 2018-09412 Filed 5-3-18; 8:45 am]
 BILLING CODE 6560-50-P


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