Air Plan Approval; Georgia: Emission Reduction Credits, 59436-59438 [2020-19287]
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
beginning before January 1, 2018, and
each subsequent taxable year of the
foreign corporation, provided that the
taxpayer and United States persons that
are related (within the meaning of
section 267 or 707) to the taxpayer
consistently apply such paragraph with
respect to all foreign corporations. For
payments made before October 1, 2019,
where the taxpayer does not apply the
provisions of paragraph (c)(5)(i)(C) of
this section, see paragraph (c)(5)(i)(C) of
this section as in effect and contained in
26 CFR part 1, as revised April 1, 2020.
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
Approved: July 24, 2020
David J. Kautter,
Assistant Secretary for the Treasury (Tax
Policy).
[FR Doc. 2020–17549 Filed 9–21–20; 8:45 am]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0072; FRL–10013–
73–Region 4]
Air Plan Approval; Georgia: Emission
Reduction Credits
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a State Implementation Plan
(SIP) revision submitted by the State of
Georgia in a letter dated October 18,
2019. The SIP revision updates
Georgia’s rule entitled Emission
Reduction Credits which establishes a
program for sources in specified
counties to apply for credits for
voluntary emissions reductions. EPA
has evaluated Georgia’s submittal and
determined that it meets the applicable
requirements of the Clean Air Act (CAA
or Act) and EPA regulations.
DATES: This rule is effective October 22,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0072. 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
SUMMARY:
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the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically via
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:
Pearlene Williams, 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.
Ms. Williams can be reached via
telephone at (404) 562–9144 or via
electronic mail at williams.pearlene@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Georgia Environmental Protection
Division (GA EPD) submitted a revision
to its SIP in a letter dated October 18,
2019,1 modifying Rule 391–3–1–.03(13),
Emission Reduction Credits,2 in the
State’s air permitting rules. This
submittal revises the counties in which
sources may create emission reduction
credits (ERCs). This change aligns
Georgia’s ERC program with the current
status of counties designated
nonattainment or contributing to a
nonattainment area.
Georgia’s October 18, 2019, SIP
submittal revises the counties listed in
Rule 391–3–1–.03(13)(a) to ensure that
only sources in counties currently
designated nonattainment—and
counties 3 contributing to the ambient
air quality in the nonattainment area—
may participate in the ERC program.
The details of the submittal and EPA’s
rationale for approving the changes are
discussed in a notice of proposed
1 EPA notes the Agency received the submittal on
October 24, 2019.
2 EPA notes that the Agency received several
submittals revising the Georgia SIP transmitted with
the same October 18, 2019, cover letter. EPA is
considering action for these other SIP revisions in
separate rulemakings.
3 The NPRM dated May 22, 2020 (85 FR 31112)
incorrectly included Rockdale county in the list of
five counties being moved from 391–3–1–
.03(13)(a)2 to (a)3. The correct list of counties being
moved in this action includes Barrow, Carroll, Hall,
Spalding, and Walton. Rockdale county remains in
the list of counties under (a)2.
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rulemaking (NPRM) dated May 22,
2020. See 85 FR 31112. Comments were
due on the May 22, 2020, NPRM by June
22, 2020. No comments were received
on the proposed action.
These changes clarify eligibility for
sources in certain counties to bank and
create ERCs. These changes also make
paragraph 391–3–1–.03(13)(a) consistent
with current provisions under the
State’s Nonattainment New Source
Review permitting program.4 EPA also
notes that the ERC program is a
flexibility tool used by States and
affected sources to comply with
otherwise applicable requirements and
is not expected to impact emissions in
the State. Therefore, EPA concludes that
these changes are consistent with the
CAA and applicable EPA regulations.5
II. 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), entitled ‘‘Emission Reduction
Credits,’’ effective September 26, 2019,6
to clarify which sources in which areas
of the State are eligible to create and
bank emission reduction credits. 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
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.7
4 See
85 FR 2646 (January 16, 2020).
has also concluded that these changes are
consistent with applicable guidance on emissions
trading, including EPA’s ‘‘Emissions Trading Policy
Statement; General Principles for Creation, Banking
and Use of Emission Reduction Credits.’’ See 51 FR
43814 (December 4, 1986).
6 Specifically, in this action, EPA is incorporating
by reference subsections (a), (d), and (h) of Rule
391–3–1–.03(13) with a state-effective date of
September 26, 2019. EPA previously approved and
incorporated by reference subsection (f) with a
state-effective date of July 18, 2001, and subsections
(b), (c), (e), (g), and (i) with a state-effective date of
February 6, 2000; those prior approvals are not
impacted by this action. EPA has included a
clarifying explanation to this effect in the entry for
Rule 391–3–1–.03(13) at 40 CFR 52.570(c).
7 See 62 FR 27968 (May 22, 1997).
5 EPA
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
III. Final Action
EPA is approving the Georgia SIP
revision with changes to Regulation
391–3–1–.03(13), Emission Reduction
Credits, submitted October 18, 2019, to
clarify which sources in which areas are
eligible to create, bank, transfer, or use
ERCs for Nitrogen Oxides and Volatile
Organic Compounds, corresponding to
the counties that are either currently in
nonattainment or contributing to the
current nonattainment area. EPA has
concluded that the SIP revision is
consistent with the CAA and EPA’s
federal regulations.
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
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 November 23, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Dated: August 26, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 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. In § 52.570, the table in paragraph
(c) is amended by revising the entry for
‘‘391–3–1–.03(13)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
*
391–3–1–.03(13) ............
*
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State effective
date
Title/subject
*
Emission Reduction
Credits.
*
16:32 Sep 21, 2020
*
9/26/2019
*
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PO 00000
EPA approval date
Explanation
*
*
9/22/2020, Insert citation of publication].
*
*
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.
*
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59438
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Federal Register / Vol. 85, No. 184 / Tuesday, September 22, 2020 / Rules and Regulations
*
*
provided for a 60-day comment period,
and HHS received 267 comment letters
raising a variety of issues. HHS has
carefully considered all comments in
developing this rule, as outlined in
Section V below, and presents a
summary of all significant comments
and Departmental responses.
*
[FR Doc. 2020–19287 Filed 9–21–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 121
II. Background
RIN 0906–AB23
Removing Financial Disincentives to
Living Organ Donation
Health Resources and Services
Administration (HRSA), Health and
Human Services Department (HHS).
ACTION: Final rule.
AGENCY:
This final rule amends the
regulations implementing the National
Organ Transplant Act of 1984, as
amended (NOTA), to remove financial
barriers to organ donation by expanding
the scope of reimbursable expenses
incurred by living organ donors to
include lost wages, and child-care and
elder-care expenses incurred by a
caregiver. HHS is committed to reducing
the number of individuals on the organ
transplant waiting list by increasing the
number of organs available for
transplant. This final rule is associated
with Section 8 of the Executive Order
(E.O.) 13879 titled ‘‘Advancing
American Kidney Health,’’ issued on
July 10, 2019, which directed HHS to
propose a regulation allowing living
organ donors to be reimbursed for
related lost wages, child-care expenses,
and elder-care expenses through the
Reimbursement of Travel and
Subsistence Expenses Incurred toward
Living Organ Donation program
authorized under section 377 of the
Public Health Service (PHS) Act, as
amended.
SUMMARY:
This final rule is effective on
October 22, 2020.
FOR FURTHER INFORMATION CONTACT:
Frank Holloman, Director, Division of
Transplantation, Healthcare Systems
Bureau, HRSA, 5600 Fishers Lane,
Room 08W63, Rockville, MD 20857; by
email at donation@hrsa.gov; or by
telephone (301) 443–7577.
SUPPLEMENTARY INFORMATION:
DATES:
I. Public Participation
On December 20, 2019, HHS
published a notice of proposed
rulemaking (NPRM) in the Federal
Register (84 FR 70139) to amend the
regulations implementing the NOTA to
remove financial barriers to organ
donation by expanding the scope of
reimbursable expenses incurred by
living organ donors. The NPRM
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16:32 Sep 21, 2020
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As discussed in the NPRM, every 10
minutes, another person is added to the
national organ transplant waiting list,
and approximately 20 people die every
day while waiting for a transplant.1 The
current approach to acquiring organs for
transplantation relies on the altruism of
deceased donors and their families and
the voluntarism and altruism of living
organ donors.
Living organ donation offers a viable
transplant option, primarily for kidney
and liver transplant candidates, and
helps to reduce the overall number of
individuals on the national organ
transplant waiting list, thus improving
the transplantation system overall. The
President’s E.O. 13879, ‘‘Advancing
American Kidney Health,’’ emphasized
that supporting living organ donors can
help address the current demand for
kidney transplants. That E.O. directed
the HHS Secretary to propose a
regulation that would expand the
definition of allowable costs that can be
reimbursed under HRSA’s current
Reimbursement of Travel and
Subsistence Expenses Incurred toward
Living Organ Donation program. This
final rule addresses this E.O.
requirement, which also included
language specifically addressing
reimbursement of lost wages along with
child-care and elder-care expenses.
Living organ donation also delivers
several additional benefits for the
recipient, as described in the NPRM,
including receipt of a better quality
organ in a shorter time period and better
clinical outcomes than those who
continue on dialysis or receive a
deceased donor kidney transplant.2
However, all such benefits must be
weighed against the donor risks, which
include surgical and anesthesia-related
complications and infections as well as
the uncertainty of the long-term health
effects on donors following living organ
donation, which are currently being
studied.
1 Information from https://www.organdonor.gov/
statistics-stories/statistics.html#glance and accessed
on August 26, 2019.
2 Data from https://srtr.transplant.hrsa.gov/
annual_reports/2017/Kidney.aspx.
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A. HRSA’s Reimbursement of Travel
and Subsistence Expenses Incurred
Toward Living Organ Donation Program
Congress provided specific authority
under section 377 of the Public Health
Service (PHS) Act, as amended, 42
U.S.C. 274f,3 to the Secretary of Health
and Human Services (the Secretary) for
reimbursement of travel and subsistence
expenses, which encompasses costs for
travel to medical and clinical
appointments, lodging, and meals,
incurred by eligible individuals making
living donations of their organs, and
other individuals accompanying the
living organ donors.
Within the same section of the PHS
Act, Congress also authorized the
Secretary to reimburse ‘‘incidental nonmedical expenses’’ incurred by living
organ donors under 42 U.S.C. 274f(a)(2),
if the Secretary determines by regulation
that reimbursements for such expenses
are appropriate.
The National Living Donor Assistance
Center (NLDAC) 4 operates the living
organ donor reimbursement program
funded by HRSA’s Reimbursement of
Travel and Subsistence Expenses
Incurred toward Living Organ Donation
grants program. Under the authority
provided under section 377 of the PHS
Act, as amended, the program is
operated via cooperative agreement. The
program’s purpose is to help remove
financial disincentives for living organ
donations. In adherence to the authority
outlined in the PHS Act, the program’s
Eligibility Guidelines currently provide
that ‘‘qualifying expenses’’ include
those incurred by the donor and his/her
accompanying person(s) as part of: (1)
Donor evaluation, (2) hospitalization for
the living donor surgical procedure,
and/or (3) medical or surgical follow-up,
clinic visits, or hospitalization within
two calendar years following the living
donation procedure.5 It is important to
note that not all applicants or recipients
of reimbursements will go on to donate
an organ. Many factors may prevent an
intended and willing donor from
proceeding with the donation. Such
circumstances include present health
status of the intended donor or recipient
that would prevent the transplant or
donation from proceeding, perceived
long-term risks to the intended donor, or
unforeseen events outside the intended
donor’s control.
3 Available at https://www.govinfo.gov/content/
pkg/PLAW-108publ216/pdf/PLAW-108publ216.pdf.
4 The Center’s website is available at https://
www.livingdonorassistance.org/home/default.aspx.
5 The Eligibility Guidelines for HRSA’s
reimbursement program are available at https://
www.govinfo.gov/content/pkg/FR-2009-06-19/pdf/
E9-14425.pdf.
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]]>Agencies
[Federal Register Volume 85, Number 184 (Tuesday, September 22, 2020)]
[Rules and Regulations]
[Pages 59436-59438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19287]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0072; FRL-10013-73-Region 4]
Air Plan Approval; Georgia: Emission Reduction Credits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a State Implementation Plan (SIP) revision submitted
by the State of Georgia in a letter dated October 18, 2019. The SIP
revision updates Georgia's rule entitled Emission Reduction Credits
which establishes a program for sources in specified counties to apply
for credits for voluntary emissions reductions. EPA has evaluated
Georgia's submittal and determined that it meets the applicable
requirements of the Clean Air Act (CAA or Act) and EPA regulations.
DATES: This rule is effective October 22, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0072. 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 can either
be retrieved electronically via 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: Pearlene Williams, 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. Ms. Williams can be
reached via telephone at (404) 562-9144 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Georgia Environmental Protection Division (GA EPD) submitted a
revision to its SIP in a letter dated October 18, 2019,\1\ modifying
Rule 391-3-1-.03(13), Emission Reduction Credits,\2\ in the State's air
permitting rules. This submittal revises the counties in which sources
may create emission reduction credits (ERCs). This change aligns
Georgia's ERC program with the current status of counties designated
nonattainment or contributing to a nonattainment area.
---------------------------------------------------------------------------
\1\ EPA notes the Agency received the submittal on October 24,
2019.
\2\ EPA notes that the Agency received several submittals
revising the Georgia SIP transmitted with the same October 18, 2019,
cover letter. EPA is considering action for these other SIP
revisions in separate rulemakings.
---------------------------------------------------------------------------
Georgia's October 18, 2019, SIP submittal revises the counties
listed in Rule 391-3-1-.03(13)(a) to ensure that only sources in
counties currently designated nonattainment--and counties \3\
contributing to the ambient air quality in the nonattainment area--may
participate in the ERC program. The details of the submittal and EPA's
rationale for approving the changes are discussed in a notice of
proposed rulemaking (NPRM) dated May 22, 2020. See 85 FR 31112.
Comments were due on the May 22, 2020, NPRM by June 22, 2020. No
comments were received on the proposed action.
---------------------------------------------------------------------------
\3\ The NPRM dated May 22, 2020 (85 FR 31112) incorrectly
included Rockdale county in the list of five counties being moved
from 391-3-1-.03(13)(a)2 to (a)3. The correct list of counties being
moved in this action includes Barrow, Carroll, Hall, Spalding, and
Walton. Rockdale county remains in the list of counties under (a)2.
---------------------------------------------------------------------------
These changes clarify eligibility for sources in certain counties
to bank and create ERCs. These changes also make paragraph 391-3-
1-.03(13)(a) consistent with current provisions under the State's
Nonattainment New Source Review permitting program.\4\ EPA also notes
that the ERC program is a flexibility tool used by States and affected
sources to comply with otherwise applicable requirements and is not
expected to impact emissions in the State. Therefore, EPA concludes
that these changes are consistent with the CAA and applicable EPA
regulations.\5\
---------------------------------------------------------------------------
\4\ See 85 FR 2646 (January 16, 2020).
\5\ EPA has also concluded that these changes are consistent
with applicable guidance on emissions trading, including EPA's
``Emissions Trading Policy Statement; General Principles for
Creation, Banking and Use of Emission Reduction Credits.'' See 51 FR
43814 (December 4, 1986).
---------------------------------------------------------------------------
II. 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), entitled ``Emission Reduction Credits,'' effective
September 26, 2019,\6\ to clarify which sources in which areas of the
State are eligible to create and bank emission reduction credits. 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 SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\7\
---------------------------------------------------------------------------
\6\ Specifically, in this action, EPA is incorporating by
reference subsections (a), (d), and (h) of Rule 391-3-1-.03(13) with
a state-effective date of September 26, 2019. EPA previously
approved and incorporated by reference subsection (f) with a state-
effective date of July 18, 2001, and subsections (b), (c), (e), (g),
and (i) with a state-effective date of February 6, 2000; those prior
approvals are not impacted by this action. EPA has included a
clarifying explanation to this effect in the entry for Rule 391-3-
1-.03(13) at 40 CFR 52.570(c).
\7\ See 62 FR 27968 (May 22, 1997).
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[[Page 59437]]
III. Final Action
EPA is approving the Georgia SIP revision with changes to
Regulation 391-3-1-.03(13), Emission Reduction Credits, submitted
October 18, 2019, to clarify which sources in which areas are eligible
to create, bank, transfer, or use ERCs for Nitrogen Oxides and Volatile
Organic Compounds, corresponding to the counties that are either
currently in nonattainment or contributing to the current nonattainment
area. EPA has concluded that the SIP revision is consistent with the
CAA and EPA's federal regulations.
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 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 November 23, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: August 26, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 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 revising
the entry for ``391-3-1-.03(13)'' 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-.03(13)................ Emission Reduction 9/26/2019 9/22/2020, Insert Except subparagraph 391-
Credits. citation of 3-1-.03(13)(f), which
publication]. 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.
* * * * * * *
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[[Page 59438]]
* * * * *
[FR Doc. 2020-19287 Filed 9-21-20; 8:45 am]
BILLING CODE 6560-50-P
