Air Plan Approval; Georgia: Revisions to Cross-State Air Pollution Rule, 8749-8751 [2020-02605]
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Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
on a substantial number of small
entities.
The bridge provides 23 feet of vertical
clearance at mean high water that
should accommodate all the present
vessel traffic except deep draft vessels.
The bridge will continue to open on
signal for any vessel provided at least
two-hour advance notice is given. While
some owners or operators of vessels
intending to transit the bridge may be
small entities, for the reasons stated in
section V.A above, this rule will not
have a significant economic impact on
any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
lotter on DSKBCFDHB2PROD with RULES
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
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13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f) andhave
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule promulgates the
operating regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
paragraph L49, of Chapter 3, Table 3–1
of the U.S. Coast Guard Environmental
Planning Implementation Procedures.
Neither a Record of Environmental
Consideration nor a Memorandum for
the Record are required for this rule.
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 117
Bridges.
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8749
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
and Department of Homeland Security
Delegation No. 0170.1.
2. Revise § 117.723(e) to read as
follows:
■
§ 117.723
Hackensack River.
*
*
*
*
*
(e) The draw of the Amtrak Portal
Bridge, mile 5.0, at Little Snake Hill,
New Jersey, need not open for the
passage of vessel traffic from 5 a.m. to
10 a.m. and from 3 p.m. to 8 p.m.
Additional bridge openings shall be
provided for tide restricted commercial
vessels between 7 a.m. and 8 a.m. and
between 5 p.m. and 6 p.m., if at least a
two-hour advance notice is given by
calling the number posted at the bridge.
At all other times the bridge shall open
on signal if at least two-hour advance
notice is given.
*
*
*
*
*
Dated: January 30, 2020.
A.J. Tiongson,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2020–02973 Filed 2–14–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2019–0462; FRL–10005–
28–Region 4]
Air Plan Approval; Georgia: Revisions
to Cross-State Air Pollution Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Georgia,
through the Georgia Environmental
Protection Division (GA EPD) of the
Department of Natural Resources, via a
letter dated July 31, 2018. Specifically,
EPA is approving typographical changes
to Georgia’s SIP-approved regulations
regarding its Cross-State Air Pollution
Rule (CSAPR) state trading programs.
This action is being approved pursuant
to the Clean Air Act (CAA or Act) and
its implementing regulations.
SUMMARY:
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Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
This rule will be effective March
19, 2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2019–0462. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not 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:
Steven Scofield, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9034. Mr. Scofield can also be
reached via electronic mail at
scofield.steve@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
lotter on DSKBCFDHB2PROD with RULES
I. Background
On October 15, 2019 (84 FR 55107),
EPA proposed to approve into the
Georgia SIP several changes to Georgia’s
air quality rule 391–3–1–.02,
‘‘Provisions. Amended.’’ GA EPD
submitted a SIP revision through a letter
dated July 31, 2018,1 to EPA for review
and approval that revises Georgia’s SIPapproved rules regarding its CSAPR 2
1 EPA received the SIP revision on August 2,
2018. EPA received several other SIP revisions from
Georgia through GA EPD’s July 31, 2018, letter.
These other revisions have been or will be
addressed in separate EPA actions.
2 CSAPR is a Federal rule that requires 27 Eastern
states to limit their statewide emissions of sulfur
dioxide (SO2) and nitrogen oxides (NOx) from
electric generating units (EGUs) that significantly
contribute to downwind nonattainment of the 1997
Annual fine particulate matter (PM2.5) and 8-hour
ozone national ambient air quality standards
(NAAQS), 2006 24-hour PM2.5 NAAQS, and the
2008 8-hour ozone NAAQS. Through its CSAPR
rulemakings, EPA determined that air pollution
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state trading programs at Rule 391–3–1–
.02(12)—‘‘Cross State Air Pollution Rule
NOX Annual Trading Program,’’ Rule
391–3–1–.02(13)—‘‘Cross State Air
Pollution Rule SO2 Annual Trading
Program,’’ and Rule 391–3–1–.02(14)—
‘‘Cross State Air Pollution Rule NOX
Ozone Season Trading Program.’’ The
details of the Georgia submission and
the rationale for EPA’s action are
explained in the proposed rulemaking.
Comments on the proposed rulemaking
were due on or before November 14,
2019. EPA did not receive any adverse
comments on the proposed action. EPA
is now taking final action to approve the
above-referenced revisions.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Georgia Rule 391–3–1–
.02(12)—‘‘Cross State Air Pollution Rule
NOX Annual Trading Program,’’ Rule
391–3–1–.02(13)—‘‘Cross State Air
Pollution Rule SO2 Annual Trading
Program,’’ and Rule 391–3–1–.02(14)—
‘‘Cross State Air Pollution Rule NOX
Ozone Season Trading Program,’’ State
effective July 23, 2018. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference in the next
update to the SIP compilation.3
III. Final Action
EPA is approving the aforementioned
changes to Georgia’s SIP at Rule 391–3–
1–.02(12)—‘‘Cross State Air Pollution
Rule NOX Annual Trading Program,’’
transported from EGUs in Georgia would
unlawfully affect other states’ ability to attain or
maintain the 1997 8-hour ozone NAAQS, the 1997
Annual PM2.5 NAAQS, and the 2006 24-hour PM2.5
NAAQS, and included Georgia in the CSAPR ozone
season NOX trading program and the annual SO2
and NOX trading programs. In 2017, EPA approved
Georgia’s State trading programs for annual NOX,
annual SO2, and ozone season NOX emissions and
incorporated Georgia Rules 391–3–1–.02(12),
.02(13), and .02(14) into the SIP. See 82 FR 47930
(October 13, 2017) for more information on CSAPR
and Georgia’s CSAPR state trading programs.
3 See 62 FR 27968 (May 22, 1997).
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Rule 391–3–1–.02(13)—‘‘Cross State Air
Pollution Rule SO2 Annual Trading
Program,’’ and Rule 391–3–1–.02(14)—
‘‘Cross State Air Pollution Rule NOX
Ozone Season Trading Program.’’ These
changes are consistent with the CAA.
IV. 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
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8751
Federal Register / Vol. 85, No. 32 / Tuesday, February 18, 2020 / Rules and Regulations
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 April 20, 2020. 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,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: January 31, 2020.
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(c) is amended in the
table under the heading ‘‘391–3–1–
.02(2) Emission Standards’’ by revising
the entries for ‘‘391–3–1–.02(12)’’,
‘‘391–3–1–.02(13)’’, and ‘‘391–3–1–
.02(14)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
*
391–3–1–.02(2) ......
*
391–3–1–.02(12) ....
391–3–1–.02(13) ....
391–3–1–.02(14) ....
*
*
*
*
*
*
*
*
*
Cross State Air Pollution Rule NOX Annual
Trading Program.
Cross State Air Pollution Rule SO2 Annual
Trading Program.
Cross State Air Pollution Rule NOX Ozone
Season Trading Program.
*
*
State
effective
date
Title/subject
*
*
[FR Doc. 2020–02605 Filed 2–14–20; 8:45 am]
EPA approval date
*
Emission Standards
*
7/23/2018
*
*
2/18/2020, [Insert citation of publication].
7/23/2018
2/18/2020, [Insert citation of publication].
7/23/2018
2/18/2020, [Insert citation of publication].
*
*
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Parts 60, 61, and 63
lotter on DSKBCFDHB2PROD with RULES
[EPA–R09–OAR–2019–0632; FRL–10004–
33–Region 9]
Delegation of New Source
Performance Standards and National
Emission Standards for Hazardous Air
Pollutants for the States of Arizona
and Nevada
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
SUMMARY:
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*
Explanation
*
*
*
action to update the Code of Federal
Regulations delegation tables to reflect
the current delegation status of New
Source Performance Standards and
National Emission Standards for
Hazardous Air Pollutants in Arizona
and Nevada.
DATES: This rule is effective on April 20,
2020 without further notice, unless EPA
receives adverse comments by March
19, 2020. If we receive such comments,
we will publish a timely withdrawal in
the Federal Register to notify the public
that this direct final rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2019–0632 at https://
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]]>Agencies
[Federal Register Volume 85, Number 32 (Tuesday, February 18, 2020)]
[Rules and Regulations]
[Pages 8749-8751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02605]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2019-0462; FRL-10005-28-Region 4]
Air Plan Approval; Georgia: Revisions to Cross-State Air
Pollution Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Georgia,
through the Georgia Environmental Protection Division (GA EPD) of the
Department of Natural Resources, via a letter dated July 31, 2018.
Specifically, EPA is approving typographical changes to Georgia's SIP-
approved regulations regarding its Cross-State Air Pollution Rule
(CSAPR) state trading programs. This action is being approved pursuant
to the Clean Air Act (CAA or Act) and its implementing regulations.
[[Page 8750]]
DATES: This rule will be effective March 19, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2019-0462. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not 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: Steven Scofield, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 15, 2019 (84 FR 55107), EPA proposed to approve into the
Georgia SIP several changes to Georgia's air quality rule 391-3-1-.02,
``Provisions. Amended.'' GA EPD submitted a SIP revision through a
letter dated July 31, 2018,\1\ to EPA for review and approval that
revises Georgia's SIP-approved rules regarding its CSAPR \2\ state
trading programs at Rule 391-3-1-.02(12)--``Cross State Air Pollution
Rule NOX Annual Trading Program,'' Rule 391-3-1-.02(13)--
``Cross State Air Pollution Rule SO2 Annual Trading
Program,'' and Rule 391-3-1-.02(14)--``Cross State Air Pollution Rule
NOX Ozone Season Trading Program.'' The details of the
Georgia submission and the rationale for EPA's action are explained in
the proposed rulemaking. Comments on the proposed rulemaking were due
on or before November 14, 2019. EPA did not receive any adverse
comments on the proposed action. EPA is now taking final action to
approve the above-referenced revisions.
---------------------------------------------------------------------------
\1\ EPA received the SIP revision on August 2, 2018. EPA
received several other SIP revisions from Georgia through GA EPD's
July 31, 2018, letter. These other revisions have been or will be
addressed in separate EPA actions.
\2\ CSAPR is a Federal rule that requires 27 Eastern states to
limit their statewide emissions of sulfur dioxide (SO2)
and nitrogen oxides (NOx) from electric generating units
(EGUs) that significantly contribute to downwind nonattainment of
the 1997 Annual fine particulate matter (PM2.5) and 8-
hour ozone national ambient air quality standards (NAAQS), 2006 24-
hour PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS.
Through its CSAPR rulemakings, EPA determined that air pollution
transported from EGUs in Georgia would unlawfully affect other
states' ability to attain or maintain the 1997 8-hour ozone NAAQS,
the 1997 Annual PM2.5 NAAQS, and the 2006 24-hour
PM2.5 NAAQS, and included Georgia in the CSAPR ozone
season NOX trading program and the annual SO2
and NOX trading programs. In 2017, EPA approved Georgia's
State trading programs for annual NOX, annual
SO2, and ozone season NOX emissions and
incorporated Georgia Rules 391-3-1-.02(12), .02(13), and .02(14)
into the SIP. See 82 FR 47930 (October 13, 2017) for more
information on CSAPR and Georgia's CSAPR state trading programs.
---------------------------------------------------------------------------
II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia Rule
391-3-1-.02(12)--``Cross State Air Pollution Rule NOX Annual
Trading Program,'' Rule 391-3-1-.02(13)--``Cross State Air Pollution
Rule SO2 Annual Trading Program,'' and Rule 391-3-
1-.02(14)--``Cross State Air Pollution Rule NOX Ozone Season
Trading Program,'' State effective July 23, 2018. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the State implementation plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving the aforementioned changes to Georgia's SIP at
Rule 391-3-1-.02(12)--``Cross State Air Pollution Rule NOX
Annual Trading Program,'' Rule 391-3-1-.02(13)--``Cross State Air
Pollution Rule SO2 Annual Trading Program,'' and Rule 391-3-
1-.02(14)--``Cross State Air Pollution Rule NOX Ozone Season
Trading Program.'' These changes are consistent with the CAA.
IV. 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
[[Page 8751]]
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 April 20, 2020. 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, Intergovernmental
relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides, Volatile organic
compounds.
Dated: January 31, 2020.
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(c) is amended in the table under the heading ``391-3-
1-.02(2) Emission Standards'' by revising the entries for ``391-3-
1-.02(12)'', ``391-3-1-.02(13)'', and ``391-3-1-.02(14)'' to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(2).................. Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(12)................. Cross State Air 7/23/2018 2/18/2020, [Insert
Pollution Rule NOX citation of
Annual Trading publication].
Program.
391-3-1-.02(13)................. Cross State Air 7/23/2018 2/18/2020, [Insert
Pollution Rule SO2 citation of
Annual Trading publication].
Program.
391-3-1-.02(14)................. Cross State Air 7/23/2018 2/18/2020, [Insert
Pollution Rule NOX citation of
Ozone Season Trading publication].
Program.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-02605 Filed 2-14-20; 8:45 am]
BILLING CODE 6560-50-P
