Air Plan Approval; Georgia; 2008 8-Hour Ozone Interstate Transport, 50758-50760 [2019-20551]
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Rules and Regulations
Environmental Consideration
supporting this determination is
available in the docket where indicated
under ADDRESSES.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security
Delegations No. 0170.1.
2. Add § 165.T07–0756 to read as
follows:
■
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§ 165.T07–0756 Safety Zone, Wilmington
River, Savannah, GA.
(a) Regulated area. The following
areas are established as safety zones: All
waters of the Wilmington River within
1,000 feet on the north and south side
of the Islands Expressway Bridge,
Wilmington River in Savannah, GA.
(b) Definition. As used in this section,
‘‘designated representative’’ means
Coast Guard Patrol Commanders,
including Coast Guard coxswains, petty
officers, and other officers operating
Coast Guard vessels or aircraft, and
federal, state, and local officers
designated by or assisting the Captain of
the Port (COTP) Savannah in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area of
the safety zone unless authorized by the
COTP Savannah or a designated
representative.
(2) Persons or vessels desiring to
enter, transit through, anchor in, or
remain within the safety zone may
contact COTP Savannah by telephone at
(912) 652–4353 × 243, or a designated
representative via VHF radio on channel
16, to request authorization. If
VerDate Sep<11>2014
17:19 Sep 25, 2019
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authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the COTP
Savannah or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
COTP Savannah or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated areas by Local
Notice to Mariners, Broadcast Notice to
Mariners, Marine Safety Information
Bulletins, and on-scene designated
representatives.
(d) Effective and enforcement period.
This section is effective without actual
notice from September 26, 2019 to 2:00
p.m. on October 22, 2019. For the
purposes of enforcement, actual notice
will be used from 8:00 a.m. on
September 18, 2019 through September
26, 2019. This section will be enforced
intermittently from 8:00 a.m. on
September 18, 2019 to 2:00 p.m. on
September 20, 2019, 8:00 a.m. on
September 23, 2019 to 2:00 p.m. on
September 27, 2019, 8:00 a.m. on
September 30, 2019 to 2:00 p.m. on
October 4, 2019, 8:00 a.m. on October
14, 2019 to 2:00 p.m. on October 18,
2019, 8:00 a.m. on October 21, 2019 to
2:00 p.m. on October 22, 2019.
(e) Notice of suspension of
enforcement. If the safety zone
described in paragraph (a) of this
section is not enforced on the days
listed in paragraph (d) of this section,
the Coast Guard will notify the public
via Broadcast Notice to Mariners and
will update the Local Notice to
Mariners.
Dated: September 16, 2019.
Judson A. Coleman,
Lieutenant Commander, U.S. Coast Guard,
Acting Captain of the Port Savannah.
[FR Doc. 2019–20565 Filed 9–25–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0813; FRL–10000–
25–Region 4]
Air Plan Approval; Georgia; 2008 8Hour Ozone Interstate Transport
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing approval of
Georgia’s August 15, 2018, State
Implementation Plan (SIP) submission
SUMMARY:
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pertaining to the ‘‘good neighbor’’
provision of the Clean Air Act (CAA or
Act) for the 2008 8-hour ozone National
Ambient Air Quality Standards
(NAAQS). The good neighbor provision
requires each state’s implementation
plan to address the interstate transport
of air pollution in amounts that
contribute significantly to
nonattainment, or interfere with
maintenance, of a NAAQS in any other
state. In this action, EPA is finalizing
the determination that Georgia will not
contribute significantly to
nonattainment or interfere with
maintenance of the 2008 8-hour ozone
NAAQS in any other state. Therefore,
EPA is approving Georgia’s August 15,
2018, SIP revision as meeting the
requirements of the good neighbor
provision for the 2008 8-hour ozone
NAAQS.
This rule will be effective
October 28, 2019.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0813. 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 and Radiation 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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Evan Adams, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Adams can also be reached via
telephone at (404) 562–9009 and via
electronic mail at adams.evan@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
On March 12, 2008 (73 FR 16436),
EPA promulgated an ozone NAAQS that
revised the levels of the primary and
secondary 8-hour ozone standards from
0.08 parts per million (ppm) to 0.075
ppm. See 73 FR 16436 (March 27, 2008).
Pursuant to CAA section 110(a)(1),
within three years after promulgation of
a new or revised NAAQS (or shorter, if
EPA prescribes), states must submit SIPs
that meet the applicable requirements of
section 110(a)(2). 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. One of the structural
requirements of section 110(a)(2) is
section 110(a)(2)(D)(i), which generally
requires SIPs to contain adequate
provisions to prohibit in-state emissions
activities from having certain adverse
air quality effects on neighboring states
due to interstate transport of air
pollution.
There are four sub-elements, or
‘‘prongs,’’ within section 110(a)(2)(D)(i)
of the CAA. CAA section
110(a)(2)(D)(i)(I), also known as the
‘‘good neighbor’’ provision, requires
SIPs to include provisions prohibiting
any source or other type of emissions
activity in one state from emitting any
air pollutant in amounts that will
contribute significantly to
nonattainment, or interfere with
maintenance, of the NAAQS in another
state. The two provisions of this section
are referred to as prong 1 (significant
contribution to nonattainment) and
prong 2 (interference with
maintenance). Section 110(a)(2)(D)(i)(II)
requires SIPs to contain adequate
provisions to prohibit emissions that
will interfere with measures required to
be included in the applicable
implementation plan for any other state
under part C to prevent significant
deterioration of air quality (prong 3) or
to protect visibility (prong 4).
On August 15, 2018, the Georgia
Environmental Protection Division
provided a SIP submittal to EPA to
address the interstate transport
requirements of CAA section
110(a)(2)(D)(i)(I) for the 2008 8-hour
ozone NAAQS, containing a
certification that the State’s SIP meets
the requirements of prongs 1 and 2.
Georgia’s certification is based on
available emissions data, air quality
monitoring and modeling data, SIPapproved 1 provisions regulating
1 Although not relied upon for purposes of
approval, GA EPD also identified state-only
provisions of the Georgia Rules for Air Quality
VerDate Sep<11>2014
17:19 Sep 25, 2019
Jkt 247001
emissions of ozone precursors within
the State, and an analysis of recent
trends in emissions of ozone precursors
(VOCs and NOX) from Georgia sources.
In a notice of proposed rulemaking
(NPRM) published on July 11, 2019 (84
FR 33027), EPA proposed to determine
that Georgia will not contribute
significantly to nonattainment or
interfere with maintenance of the 2008
8-hour ozone NAAQS in any other state
and to approve Georgia’s August 15,
2018, SIP submission as meeting the
CAA requirements of prongs 1 and 2
under section 110(a)(2)(D)(i)(I) for the
2008 8-hour ozone NAAQS.2 In that
notice, EPA discussed the final
determination made in the update to the
Cross-State Air Pollution Rule ozone
season program, which addresses good
neighbor obligations for the 2008 8-hour
ozone NAAQS (known at the ‘‘CSAPR
Update’’),3 that emissions activities
within Georgia will not significantly
contribute to nonattainment or interfere
with maintenance of that NAAQS in any
other state. The NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before August 12, 2019. EPA
received no comments on the NPRM.
II. Final Action
EPA is taking final action to
determine that Georgia will not
contribute significantly to
nonattainment or interfere with
maintenance of the 2008 8-hour ozone
NAAQS in any other state. Therefore,
EPA is finalizing approval of Georgia’s
August 15, 2018, SIP submission as
meeting the CAA requirements of
prongs 1 and 2 under section
110(a)(2)(D)(i)(I) for the 2008 8-hour
ozone NAAQS. EPA is taking final
action to approve the SIP submission
Control 391–3–1–.02(2)(sss)—Multipollutant
Control for Electric Utility Steam Generating Units.
2 This action addresses only prongs 1 and 2 of
section 110(a)(2)(D)(i). All other infrastructure SIP
elements for Georgia for the 2008 8-hour ozone
NAAQS were addressed in separate rulemakings.
See 83 FR 19637 (May 4, 2018); 80 FR 61109
(October 9, 2015); and 80 FR 14019 (March 18,
2015).
3 See 81 FR 74504 (October 26, 2016). The CSAPR
Update establishes statewide nitrogen oxide (NOX)
budgets for certain affected electricity generating
units in 22 eastern states for the May–September
ozone season to reduce the interstate transport of
ozone pollution in the eastern United States, and
thereby help downwind states and communities
meet and maintain the 2008 8-hour ozone NAAQS.
The rule also determined that emissions from 14
states (including Georgia) will not significantly
contribute to nonattainment or interfere with
maintenance of the 2008 ozone NAAQS in
downwind states. Accordingly, EPA determined
that it need not require further emission reductions
from sources in those states to address the good
neighbor provision with regard to the 2008 ozone
NAAQS. Id.
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50759
because it is consistent with section 110
of the CAA.
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. 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
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
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Federal Register / Vol. 84, No. 187 / Thursday, September 26, 2019 / Rules and Regulations
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it impose substantial
direct costs on tribal governments or
preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by November 25, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: September 11, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52–APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart L–Georgia
2. Section 52.570(e) is amended by
adding an entry for ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2008
8-Hour Ozone NAAQS’’ at the end of
the table to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Applicable geographic or nonattainment area
Name of nonregulatory SIP provision
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone
NAAQS.
*
Georgia ..................
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
This document is effective on
September 26, 2019.
Tom
Kelly, Air Planning Office (AIR–2), EPA
Region IX, (415) 972–3856,
kelly.thomasp@epa.gov.
FOR FURTHER INFORMATION CONTACT:
[EPA–R09–OAR–2019–0240; FRL–10000–
01–Region 9]
Designation of Areas for Air Quality
Planning Purposes: California;
Coachella Valley 8-Hour Ozone
Nonattainment Area; Reclassification
to Extreme; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
*
9/26/2019, [Insert
citation of publication].
DATES:
40 CFR Part 52
On July 10, 2019, the
Environmental Protection Agency (EPA)
published in the Federal Register a rule
entitled ‘‘Designation of Areas for Air
Quality Planning Purposes; California;
Coachella Valley 8-Hour Ozone
Nonattainment Area; Reclassification to
SUMMARY:
17:19 Sep 25, 2019
*
8/15/2018
EPA approval date
Extreme.’’ That publication
inadvertently included the incorrect
docket number for the rule. This
document corrects that error.
[FR Doc. 2019–20551 Filed 9–25–19; 8:45 am]
VerDate Sep<11>2014
State submittal
date/effective
date
Jkt 247001
On July
10, 2019 (84 FR 32841), the EPA
published a final rule entitled
‘‘Designation of Areas for Air Quality
Planning Purposes; California;
Coachella Valley 8-Hour Ozone
Nonattainment Area; Reclassification to
Extreme’’ that granted a request from the
State of California to reclassify the
Coachella Valley nonattainment area
from ‘‘Severe-15’’ to ‘‘Extreme’’ for the
1997 ozone national ambient air quality
standards. That publication incorrectly
identified the docket number, which
could make it difficult for members of
the public to locate documents related
SUPPLEMENTARY INFORMATION:
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Explanation
*
*
Addressing prongs 1 and 2 of section
110(a)(2)(D)(i)(I) only.
to the reclassification. This document
corrects the docket number in that rule.
In FR Doc. 2019–14612, published
July 10, 2019 (84 FR 32841), make the
following corrections:
1. On page 32841, in the third
column, correct the docket number for
‘‘Designation of Areas for Air Quality
Planning Purposes; California;
Coachella Valley 8-Hour Ozone
Nonattainment Area; Reclassification to
Extreme’’ to read: ‘‘[EPA–OAR–R09–
2019–0240; FRL–9996–12–Region 9]’’
2. On page 32842, in the first column,
correct the first sentence of the
ADDRESSES caption to read:
‘‘The EPA has established a docket for
this action under Docket ID No. EPA–
R09–OAR–2019–0240’’.
Dated: September 6, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2019–20424 Filed 9–25–19; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 84, Number 187 (Thursday, September 26, 2019)]
[Rules and Regulations]
[Pages 50758-50760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20551]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0813; FRL-10000-25-Region 4]
Air Plan Approval; Georgia; 2008 8-Hour Ozone Interstate
Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of Georgia's August 15, 2018, State Implementation Plan (SIP)
submission pertaining to the ``good neighbor'' provision of the Clean
Air Act (CAA or Act) for the 2008 8-hour ozone National Ambient Air
Quality Standards (NAAQS). The good neighbor provision requires each
state's implementation plan to address the interstate transport of air
pollution in amounts that contribute significantly to nonattainment, or
interfere with maintenance, of a NAAQS in any other state. In this
action, EPA is finalizing the determination that Georgia will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008 8-hour ozone NAAQS in any other state. Therefore, EPA is
approving Georgia's August 15, 2018, SIP revision as meeting the
requirements of the good neighbor provision for the 2008 8-hour ozone
NAAQS.
DATES: This rule will be effective October 28, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0813. 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 and Radiation 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: Evan Adams, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Mr. Adams can also be reached
via telephone at (404) 562-9009 and via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 50759]]
I. Background
On March 12, 2008 (73 FR 16436), EPA promulgated an ozone NAAQS
that revised the levels of the primary and secondary 8-hour ozone
standards from 0.08 parts per million (ppm) to 0.075 ppm. See 73 FR
16436 (March 27, 2008). Pursuant to CAA section 110(a)(1), within three
years after promulgation of a new or revised NAAQS (or shorter, if EPA
prescribes), states must submit SIPs that meet the applicable
requirements of section 110(a)(2). 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. One of the structural requirements of section
110(a)(2) is section 110(a)(2)(D)(i), which generally requires SIPs to
contain adequate provisions to prohibit in-state emissions activities
from having certain adverse air quality effects on neighboring states
due to interstate transport of air pollution.
There are four sub-elements, or ``prongs,'' within section
110(a)(2)(D)(i) of the CAA. CAA section 110(a)(2)(D)(i)(I), also known
as the ``good neighbor'' provision, requires SIPs to include provisions
prohibiting any source or other type of emissions activity in one state
from emitting any air pollutant in amounts that will contribute
significantly to nonattainment, or interfere with maintenance, of the
NAAQS in another state. The two provisions of this section are referred
to as prong 1 (significant contribution to nonattainment) and prong 2
(interference with maintenance). Section 110(a)(2)(D)(i)(II) requires
SIPs to contain adequate provisions to prohibit emissions that will
interfere with measures required to be included in the applicable
implementation plan for any other state under part C to prevent
significant deterioration of air quality (prong 3) or to protect
visibility (prong 4).
On August 15, 2018, the Georgia Environmental Protection Division
provided a SIP submittal to EPA to address the interstate transport
requirements of CAA section 110(a)(2)(D)(i)(I) for the 2008 8-hour
ozone NAAQS, containing a certification that the State's SIP meets the
requirements of prongs 1 and 2. Georgia's certification is based on
available emissions data, air quality monitoring and modeling data,
SIP-approved \1\ provisions regulating emissions of ozone precursors
within the State, and an analysis of recent trends in emissions of
ozone precursors (VOCs and NOX) from Georgia sources.
---------------------------------------------------------------------------
\1\ Although not relied upon for purposes of approval, GA EPD
also identified state-only provisions of the Georgia Rules for Air
Quality Control 391-3-1-.02(2)(sss)--Multipollutant Control for
Electric Utility Steam Generating Units.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on July 11,
2019 (84 FR 33027), EPA proposed to determine that Georgia will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008 8-hour ozone NAAQS in any other state and to approve
Georgia's August 15, 2018, SIP submission as meeting the CAA
requirements of prongs 1 and 2 under section 110(a)(2)(D)(i)(I) for the
2008 8-hour ozone NAAQS.\2\ In that notice, EPA discussed the final
determination made in the update to the Cross-State Air Pollution Rule
ozone season program, which addresses good neighbor obligations for the
2008 8-hour ozone NAAQS (known at the ``CSAPR Update''),\3\ that
emissions activities within Georgia will not significantly contribute
to nonattainment or interfere with maintenance of that NAAQS in any
other state. The NPRM provides additional detail regarding the
background and rationale for EPA's action. Comments on the NPRM were
due on or before August 12, 2019. EPA received no comments on the NPRM.
---------------------------------------------------------------------------
\2\ This action addresses only prongs 1 and 2 of section
110(a)(2)(D)(i). All other infrastructure SIP elements for Georgia
for the 2008 8-hour ozone NAAQS were addressed in separate
rulemakings. See 83 FR 19637 (May 4, 2018); 80 FR 61109 (October 9,
2015); and 80 FR 14019 (March 18, 2015).
\3\ See 81 FR 74504 (October 26, 2016). The CSAPR Update
establishes statewide nitrogen oxide (NOX) budgets for
certain affected electricity generating units in 22 eastern states
for the May-September ozone season to reduce the interstate
transport of ozone pollution in the eastern United States, and
thereby help downwind states and communities meet and maintain the
2008 8-hour ozone NAAQS. The rule also determined that emissions
from 14 states (including Georgia) will not significantly contribute
to nonattainment or interfere with maintenance of the 2008 ozone
NAAQS in downwind states. Accordingly, EPA determined that it need
not require further emission reductions from sources in those states
to address the good neighbor provision with regard to the 2008 ozone
NAAQS. Id.
---------------------------------------------------------------------------
II. Final Action
EPA is taking final action to determine that Georgia will not
contribute significantly to nonattainment or interfere with maintenance
of the 2008 8-hour ozone NAAQS in any other state. Therefore, EPA is
finalizing approval of Georgia's August 15, 2018, SIP submission as
meeting the CAA requirements of prongs 1 and 2 under section
110(a)(2)(D)(i)(I) for the 2008 8-hour ozone NAAQS. EPA is taking final
action to approve the SIP submission because it is consistent with
section 110 of the CAA.
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. 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 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
[[Page 50760]]
other area where EPA or an Indian tribe has demonstrated that a tribe
has jurisdiction. In those areas of Indian country, the rule does not
have tribal implications as specified by Executive Order 13175 (65 FR
67249, November 9, 2000), nor will it impose substantial direct costs
on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 25, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: September 11, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart L-Georgia
0
2. Section 52.570(e) is amended by adding an entry for ``110(a)(1) and
(2) Infrastructure Requirements for the 2008 8-Hour Ozone NAAQS'' at
the end of the table to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of nonregulatory SIP Applicable geographic or submittal date/ EPA approval Explanation
provision nonattainment area effective date date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
110(a)(1) and (2) Georgia.................. 8/15/2018 9/26/2019, Addressing prongs 1
Infrastructure Requirements [Insert and 2 of section
for the 2008 8-Hour Ozone citation of 110(a)(2)(D)(i)(I)
NAAQS. publication]. only.
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[FR Doc. 2019-20551 Filed 9-25-19; 8:45 am]
BILLING CODE 6560-50-P
