Air Plan Approval; GA: Emission Reduction Credits, 9240-9242 [2019-04646]

Download as PDF 9240 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Rules and Regulations AGENCY: revision expands the eligibility for sources in Barrow County that can participate in the ERC Program, adds a provision for reevaluation of the Certificates of ERC, changes the administrative fees, and eliminates an exemption for certain types of ERCs. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective April 15, 2019. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2009–0226. 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: Madolyn Sanchez, 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. Sanchez can be reached via telephone at (404) 562– 9644 or via electronic mail at sanchez.madolyn@epa.gov. SUPPLEMENTARY INFORMATION: The Environmental Protection Agency (EPA) is taking final action to approve changes to the Georgia State Implementation Plan (SIP) to revise the emission reduction credits (ERC) regulation. EPA is approving portions of the SIP revision submitted by the State of Georgia, through the Georgia Department of Natural Resources’ Environmental Protection Division (GA EPD) on September 15, 2008. The I. Background On September 15, 2008, GA EPD submitted a SIP revision to EPA for approval that involves changes to Georgia’s emissions reduction credits rule and the administrative fees found in Georgia Rule 391–3–1–.03(13). Rule 391–3–1–.03(13) provides for the creation, banking, transfer, and use of nitrogen oxides (NOX) and volatile organic compounds (VOC) ERCs in Federally designated ozone nonattainment areas in Georgia and Federal Register that amended the definition of ‘‘machinegun’’ (or ‘‘machine gun’’) contained in 27 CFR 447.11, 478.11, and 479.11. See 83 FR 66514. That final rule, which was adopted after the publication of a notice of proposed rulemaking in the Federal Register and a period of public comment, was signed by Acting Attorney General Matthew G. Whitaker on December 18, 2018. That final rule has become the subject of litigation in which parties have argued that Mr. Whitaker was not validly serving as the Acting Attorney General, as either a statutory or constitutional matter. On February 14, 2019, I was sworn in as Attorney General following confirmation by the Senate and appointment by the President. Although I believe that the challenges to Mr. Whitaker’s designation lack merit, I elected, out of an abundance of caution, to independently reevaluate the abovementioned rule and the underlying rulemaking record. Having now familiarized myself with the rulemaking record that was before the Acting Attorney General and having reevaluated those materials without any deference to his earlier decision, I have personally come to the conclusion that it is appropriate to ratify and affirm the final rule as it was published at 83 FR 66514, and I hereby do so. Dated: March 11, 2019. William P. Barr, Attorney General. [FR Doc. 2019–04799 Filed 3–12–19; 11:15 am] BILLING CODE 4410–FY–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2009–0226; FRL–9990–74– Region 4] Air Plan Approval; GA: Emission Reduction Credits Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: VerDate Sep<11>2014 15:50 Mar 13, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 administrative fees associated with the ERC Program. GA EPD oversees the ERC Program, which was created in 1999 and approved into Georgia’s SIP on July 10, 2001. See 66 FR 35906. The ERC Program facilitates construction permitting for major emission sources that are subject to nonattainment new source review (NNSR) permitting in Georgia ozone nonattainment areas. Emissions point sources within the 25county area surrounding Atlanta that require Best Available Control Technology and offset permitting are also eligible for the ERC Program. The ERC Program allows eligible sources that voluntarily reduce emissions in the affected counties to certify and ‘‘bank’’ these reductions as ERCs for future use by themselves or others. The banked ERCs hold their value for ten years, at which point they begin devaluing ten percent per year until they have reached 50 percent of their original value. The ERC Program is intended to help the Atlanta area achieve compliance with federal standards for ground-level ozone. The ERC does not allow for any increase in emissions of NOX or VOC in the area to which it is applicable. In this action, EPA is approving the portion of Georgia’s submission that makes changes to the applicability, discounting and revocation, and administrative fees sections of Rule 391–3–1–.03(13)— ‘‘Emission Reduction Credits.’’ II. Analysis of State’s Submittals The September 15, 2008, SIP revision involves changes to Georgia’s Rule 391– 3–1–.03—‘‘Permits’’ paragraph (13)(a), which modifies eligibility to participate in the ERC Program for stationary sources in Barrow County by removing Barrow County from the list of counties with sources eligible to create and bank NOX and VOC ERCs only for electric generating units that have the potential to emit NOX and VOC emissions in amounts greater than 100 tons per year (tpy), and adding Barrow County to the list of counties with sources eligible to create and bank NOX and VOC ERCs for any stationary source that has the potential to emit NOX and VOC emissions in amounts greater than 100 tpy. This change expands the universe of stationary sources in Barrow County that may voluntarily reduce NOX and VOC emissions and then credit those reductions at an equal or reduced rate against future emissions of those pollutants—thus incentivizing overall emissions reductions. Accordingly, EPA is approving this change as SIP strengthening. E:\FR\FM\14MRR1.SGM 14MRR1 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Rules and Regulations Under paragraph (13)(d), Georgia removes a provision that previously allowed ERCs created through the shutdown of individual process equipment to retain their value indefinitely. Like ERCs created through other methods, these ERCs will now retain their original value for ten years, at which point they will begin devaluing ten percent per year until they have reached 50 percent of their original value. EPA has concluded that the removal of this provision will strengthen Georgia’s SIP because the change will decrease the value of these ERCs when they are used to offset emissions occurring more than ten years in the future, thus reducing overall emissions in areas where the Program is implemented. Accordingly, EPA is approving the revision to the Georgia SIP. Under paragraph (13)(d), Georgia adds a new provision that allows owners to re-evaluate certificates of ERCs to determine if credits specified in the certificate have been discounted or revoked in accordance with the requirements of Rule 391–3–1– .03(13)(d)1. EPA is approving this provision as consistent with section 110(a) of the CAA. Under paragraph (13)(h), Georgia revises the administrative fees for the ERC Program. EPA is approving this provision as consistent with section 110(a) of the CAA. EPA has concluded that these changes will not interfere with any applicable requirement concerning attainment and reasonable progress, nor any other applicable requirement of the CAA. EPA is therefore approving these changes to the Georgia SIP.1 On September 25, 2017 (82 FR 44543), EPA proposed to approve the above revisions to Georgia’s SIP. The proposed rule accompanied a direct final rule published on the same day in the Federal Register. See 82 FR 44519. EPA received comments on the portion of the rulemaking regarding EPA’s method of revision to the Georgia SIP table at 40 CFR 52.570(c). Accordingly, EPA withdrew the direct final action. See 82 FR 55511. III. Response to Comment As stated previously, EPA received comments on the direct final rule. The comments are located in the docket for this action, and a summary of the comments and EPA’s response is provided below. 1 Other portions of the September 15, 2008, submission were previously approved, and therefore, are not before EPA for consideration in this action. See 77 FR 59554 (September 28, 2012) and 79 FR 36218 (June 26, 2014). VerDate Sep<11>2014 15:50 Mar 13, 2019 Jkt 247001 Comment: The Commenter does not challenge the substance of the State rule EPA has proposed to approve into Georgia’s SIP. But the Commenter disagrees with EPA’s method of revision to the Georgia SIP table at 40 CFR 52.570(c), arguing that EPA incorrectly updated the ‘‘State effective date’’ column to September 11, 2008, for Georgia Rule 391–3–1–03. The Commenter states that ‘‘the table is supposed to identify the regulations that have been approved by EPA into the SIP, not simply identify the stateeffective date of the version of the regulations that EPA acted on most recently.’’ According to the Commenter, EPA’s revision of the state effective date creates an impression of approving a different version of Rule 391–3–1–.03 than has actually been incorporated into the SIP. Response: EPA acknowledges that the September 25, 2017, rulemaking action’s change to the Georgia SIP table entry for Rule 391–3–1–.03 may have created confusion. Accordingly, EPA has decided to revise the table to minimize confusion. 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– .03(13)—‘‘Emission Reduction Credits,’’ state effective September 11, 2008.2 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 SIP, has been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.3 2 The most recent state effective date for the version of Georgia Rule 391–3–1-.03(13) that EPA has approved, including the version of Rule 391– 3–1–.03(13)(a), (d), and (h) that are the subject of this final action, is August 1, 2013. As a result, the table at 40 CFR 51.570(c) will reflect the state effective for Rule 391–3–1–.03(13) as August 1, 2013, with the exception of subsection .03(13)(c) as noted in the Explanation column of the table. In addition, EPA is taking this opportunity to reformat the identification of the SIP-approved portions of Georgia Rule 391–3–1–.03 in the table for ease of reference. 3 See 62 FR 27968 (May 22, 1997). PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 9241 V. Final Action EPA is approving the aforementioned changes to the Georgia SIP emissions reduction credits rule and the administrative fees found in Georgia Rule 391–3–1–.03(13) submitted on September 15, 2008, 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 additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as E:\FR\FM\14MRR1.SGM 14MRR1 9242 Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Rules and Regulations 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 Dated: February 28, 2019. Mary S. Walker, Acting Regional Administrator, Region 4. 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). 40 CFR part 52 is amended as follows: 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 May 13, 2019. 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). PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. In § 52.570, the table in paragraph (c) is amended by: ■ a. Adding an undesignated heading entitled ‘‘Permits’’ after the entry ‘‘391– 3–1–.02(14)’’; ■ b. Revising the entry ‘‘391–3–1–.03’’; and ■ c. Adding entries for ‘‘391–3–1– .03(1)’’ through ‘‘391–3–1–.03(8)’’ and ‘‘391–3–1–.03(11)’’ through ‘‘391–3–1– .03(13)’’. The additions and revisions read as follows: ■ 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. § 52.570 * Identification of plan. * * (c) * * * * * EPA-APPROVED GEORGIA REGULATIONS State citation State effective date Title/subject * * EPA approval date * * Explanation * * * Permits 391–3–1–.03: 391–3–1–.03(1) ........ 391–3–1–.03(2) ........ 391–3–1–.03(3) ........ 391–3–1–.03(8) ........ Construction (SIP) Permit .......... Operating (SIP) Permit ............... Revocation, Suspension, Modification or Amendment of Permits. Permits Not Transferable ........... Permits Public Records .............. Exemptions ................................. Combined Permits and Applications. Permit Requirements ................. 391–3–1–.03(11) ...... 391–3–1–.03(12) ...... 391–3–1–.03(13) ...... Permit by Rule ........................... Generic Permit ........................... Emission Reduction Credits ....... 391–3–1–.03(4) 391–3–1–.03(5) 391–3–1–.03(6) 391–3–1–.03(7) ........ ........ ........ ........ * * * * * * 8/17/1994 12/26/2001 2/23/1979 60 FR 45048, 8/30/1995 67 FR 45909, 7/11/2002 44 FR 54047, 9/18/1979 11/20/1975 10/28/1992 8/9/2012 2/23/1979 41 61 78 44 8/1/2013 7/20/2005 8/17/1994 9/11/2008 FR FR FR FR With the exception of paragraph (e). 35184, 8/20/1976 3819, 2/2/1996 21065, 4/9/2013 54047, 9/18/1979 82 FR 47993, 10/16/2017 75 FR 6309, 2/9/2010 60 FR 45048, 8/30/1995 3/14/2019, [Insert citation publication] * * Paragraph (g) is the version that was state- effective 9/13/2011. of Except subparagraph 391–3–1–.03(13)(f), which was approved into the SIP with a state-effective date of 7/18/2001, and subparagraphs (b), (c), (e), (g), and (i), which were approved into the SIP with a state-effective date of 2/16/2000. * * * [FR Doc. 2019–04646 Filed 3–13–19; 8:45 am] BILLING CODE 6560–50–P VerDate Sep<11>2014 15:50 Mar 13, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\14MRR1.SGM 14MRR1 *

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Rules and Regulations]
[Pages 9240-9242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04646]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0226; FRL-9990-74-Region 4]

Air Plan Approval; GA: Emission Reduction Credits

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 the emission reduction credits (ERC) regulation. EPA is
approving portions of the SIP revision submitted by the State of
Georgia, through the Georgia Department of Natural Resources'
Environmental Protection Division (GA EPD) on September 15, 2008. The
revision expands the eligibility for sources in Barrow County that can
participate in the ERC Program, adds a provision for reevaluation of
the Certificates of ERC, changes the administrative fees, and
eliminates an exemption for certain types of ERCs. This action is being
taken pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective April 15, 2019.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2009-0226. 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: Madolyn Sanchez, 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. Sanchez can be reached via telephone at (404) 562-9644
or via electronic mail at sanchez.madolyn@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On September 15, 2008, GA EPD submitted a SIP revision to EPA for
approval that involves changes to Georgia's emissions reduction credits
rule and the administrative fees found in Georgia Rule 391-3-1-.03(13).
Rule 391-3-1-.03(13) provides for the creation, banking, transfer, and
use of nitrogen oxides (NOX) and volatile organic compounds
(VOC) ERCs in Federally designated ozone nonattainment areas in Georgia
and administrative fees associated with the ERC Program.
GA EPD oversees the ERC Program, which was created in 1999 and
approved into Georgia's SIP on July 10, 2001. See 66 FR 35906. The ERC
Program facilitates construction permitting for major emission sources
that are subject to nonattainment new source review (NNSR) permitting
in Georgia ozone nonattainment areas. Emissions point sources within
the 25-county area surrounding Atlanta that require Best Available
Control Technology and offset permitting are also eligible for the ERC
Program.
The ERC Program allows eligible sources that voluntarily reduce
emissions in the affected counties to certify and ``bank'' these
reductions as ERCs for future use by themselves or others. The banked
ERCs hold their value for ten years, at which point they begin
devaluing ten percent per year until they have reached 50 percent of
their original value. The ERC Program is intended to help the Atlanta
area achieve compliance with federal standards for ground-level ozone.
The ERC does not allow for any increase in emissions of NOX
or VOC in the area to which it is applicable. In this action, EPA is
approving the portion of Georgia's submission that makes changes to the
applicability, discounting and revocation, and administrative fees
sections of Rule 391-3-1-.03(13)--``Emission Reduction Credits.''

II. Analysis of State's Submittals

The September 15, 2008, SIP revision involves changes to Georgia's
Rule 391-3-1-.03--``Permits'' paragraph (13)(a), which modifies
eligibility to participate in the ERC Program for stationary sources in
Barrow County by removing Barrow County from the list of counties with
sources eligible to create and bank NOX and VOC ERCs only
for electric generating units that have the potential to emit
NOX and VOC emissions in amounts greater than 100 tons per
year (tpy), and adding Barrow County to the list of counties with
sources eligible to create and bank NOX and VOC ERCs for any
stationary source that has the potential to emit NOX and VOC
emissions in amounts greater than 100 tpy. This change expands the
universe of stationary sources in Barrow County that may voluntarily
reduce NOX and VOC emissions and then credit those
reductions at an equal or reduced rate against future emissions of
those pollutants--thus incentivizing overall emissions reductions.
Accordingly, EPA is approving this change as SIP strengthening.

[[Page 9241]]

Under paragraph (13)(d), Georgia removes a provision that
previously allowed ERCs created through the shutdown of individual
process equipment to retain their value indefinitely. Like ERCs created
through other methods, these ERCs will now retain their original value
for ten years, at which point they will begin devaluing ten percent per
year until they have reached 50 percent of their original value. EPA
has concluded that the removal of this provision will strengthen
Georgia's SIP because the change will decrease the value of these ERCs
when they are used to offset emissions occurring more than ten years in
the future, thus reducing overall emissions in areas where the Program
is implemented. Accordingly, EPA is approving the revision to the
Georgia SIP.
Under paragraph (13)(d), Georgia adds a new provision that allows
owners to re-evaluate certificates of ERCs to determine if credits
specified in the certificate have been discounted or revoked in
accordance with the requirements of Rule 391-3-1-.03(13)(d)1. EPA is
approving this provision as consistent with section 110(a) of the CAA.
Under paragraph (13)(h), Georgia revises the administrative fees
for the ERC Program. EPA is approving this provision as consistent with
section 110(a) of the CAA.
EPA has concluded that these changes will not interfere with any
applicable requirement concerning attainment and reasonable progress,
nor any other applicable requirement of the CAA. EPA is therefore
approving these changes to the Georgia SIP.\1\
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\1\ Other portions of the September 15, 2008, submission were
previously approved, and therefore, are not before EPA for
consideration in this action. See 77 FR 59554 (September 28, 2012)
and 79 FR 36218 (June 26, 2014).
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On September 25, 2017 (82 FR 44543), EPA proposed to approve the
above revisions to Georgia's SIP. The proposed rule accompanied a
direct final rule published on the same day in the Federal Register.
See 82 FR 44519. EPA received comments on the portion of the rulemaking
regarding EPA's method of revision to the Georgia SIP table at 40 CFR
52.570(c). Accordingly, EPA withdrew the direct final action. See 82 FR
55511.

III. Response to Comment

As stated previously, EPA received comments on the direct final
rule. The comments are located in the docket for this action, and a
summary of the comments and EPA's response is provided below.
Comment: The Commenter does not challenge the substance of the
State rule EPA has proposed to approve into Georgia's SIP. But the
Commenter disagrees with EPA's method of revision to the Georgia SIP
table at 40 CFR 52.570(c), arguing that EPA incorrectly updated the
``State effective date'' column to September 11, 2008, for Georgia Rule
391-3-1-03. The Commenter states that ``the table is supposed to
identify the regulations that have been approved by EPA into the SIP,
not simply identify the state-effective date of the version of the
regulations that EPA acted on most recently.'' According to the
Commenter, EPA's revision of the state effective date creates an
impression of approving a different version of Rule 391-3-1-.03 than
has actually been incorporated into the SIP.
Response: EPA acknowledges that the September 25, 2017, rulemaking
action's change to the Georgia SIP table entry for Rule 391-3-1-.03 may
have created confusion. Accordingly, EPA has decided to revise the
table to minimize confusion.

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-.03(13)--``Emission Reduction Credits,'' state effective
September 11, 2008.\2\ 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 SIP, has been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\3\
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\2\ The most recent state effective date for the version of
Georgia Rule 391-3-1-.03(13) that EPA has approved, including the
version of Rule 391-3-1-.03(13)(a), (d), and (h) that are the
subject of this final action, is August 1, 2013. As a result, the
table at 40 CFR 51.570(c) will reflect the state effective for Rule
391-3-1-.03(13) as August 1, 2013, with the exception of subsection
.03(13)(c) as noted in the Explanation column of the table. In
addition, EPA is taking this opportunity to reformat the
identification of the SIP-approved portions of Georgia Rule 391-3-
1-.03 in the table for ease of reference.
\3\ See 62 FR 27968 (May 22, 1997).
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V. Final Action

EPA is approving the aforementioned changes to the Georgia SIP
emissions reduction credits rule and the administrative fees found in
Georgia Rule 391-3-1-.03(13) submitted on September 15, 2008, 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
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as

[[Page 9242]]

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 May 13, 2019. 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: February 28, 2019.
Mary S. Walker,
Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. In Sec. 52.570, the table in paragraph (c) is amended by:
0
a. Adding an undesignated heading entitled ``Permits'' after the entry
``391-3-1-.02(14)'';
0
b. Revising the entry ``391-3-1-.03''; and
0
c. Adding entries for ``391-3-1-.03(1)'' through ``391-3-1-.03(8)'' and
``391-3-1-.03(11)'' through ``391-3-1-.03(13)''.
The additions and revisions read as follows:

Sec. 52.570 Identification of plan.

* * * * *
(c) * * *

EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Permits
----------------------------------------------------------------------------------------------------------------
391-3-1-.03:
391-3-1-.03(1).............. Construction (SIP) 8/17/1994 60 FR 45048, 8/30/ .....................
Permit. 1995
391-3-1-.03(2).............. Operating (SIP) 12/26/2001 67 FR 45909, 7/11/ With the exception of
Permit. 2002 paragraph (e).
391-3-1-.03(3).............. Revocation, 2/23/1979 44 FR 54047, 9/18/ .....................
Suspension, 1979
Modification or
Amendment of
Permits.
391-3-1-.03(4).............. Permits Not 11/20/1975 41 FR 35184, 8/20/ .....................
Transferable. 1976
391-3-1-.03(5).............. Permits Public 10/28/1992 61 FR 3819, 2/2/1996 .....................
Records.
391-3-1-.03(6).............. Exemptions.......... 8/9/2012 78 FR 21065, 4/9/ .....................
2013
391-3-1-.03(7).............. Combined Permits and 2/23/1979 44 FR 54047, 9/18/ .....................
Applications. 1979
391-3-1-.03(8).............. Permit Requirements. 8/1/2013 82 FR 47993, 10/16/ Paragraph (g) is the
2017 version that was
state- effective 9/
13/2011.
391-3-1-.03(11)............. Permit by Rule...... 7/20/2005 75 FR 6309, 2/9/2010 .....................
391-3-1-.03(12)............. Generic Permit...... 8/17/1994 60 FR 45048, 8/30/ .....................
1995
391-3-1-.03(13)............. Emission Reduction 9/11/2008 3/14/2019, [Insert Except subparagraph
Credits. citation of 391-3-1-.03(13)(f),
publication] which was approved
into the SIP with a
state-effective date
of 7/18/2001, and
subparagraphs (b),
(c), (e), (g), and
(i), which were
approved into the
SIP with a state-
effective date of 2/
16/2000.

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

* * * * *
[FR Doc. 2019-04646 Filed 3-13-19; 8:45 am]
BILLING CODE 6560-50-P

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