[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.

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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 
adams.evan@epa.gov.

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.
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    \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.
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    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.
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    \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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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
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                                                               State
  Name of nonregulatory SIP     Applicable geographic or  submittal date/   EPA approval         Explanation
          provision                nonattainment area     effective date        date
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                                                  * * * * * * *
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]
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