[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Proposed Rules]
[Pages 55107-55109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22326]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0462; FRL-10001-09-Region 4]


Air Plan Approval; Georgia: Revisions to Cross-State Air 
Pollution Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 proposing to approve typographical 
changes to Georgia's SIP-approved regulations regarding its Cross-State 
Air Pollution Rule (CSAPR) state trading programs. This action is being 
proposed pursuant to the Clean Air Act (CAA or Act) and its 
implementing regulations.

DATES: Comments must be received on or before November 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. at EPA-
R04-OAR-2019-0462 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy,

[[Page 55108]]

information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Steven Scofield, 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. The telephone number is 
(404) 562-9034. Mr. Scofield can also be reached via electronic mail at 
scofield.steve@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    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.''
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    \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.
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II. Analysis of State's Submittal

    Georgia's submittal makes several typographical edits to 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.'' Specifically, the 
revision to subparagraph 391-3-1-.02(12)(a) changes the brackets around 
the Federal Register reference and date to parentheses; the revision to 
subparagraph 391-3-1-.02(13)(a) changes the brackets around the Federal 
Register reference and date to parentheses, and changes the reference 
to ``40 CFR part 97.402'' to the correct reference of ``40 CFR part 
97.702;'' and the revision to subparagraph 391-3-1-.02(14)(a) changes 
the brackets around the Federal Register reference and date to 
parentheses, and changes the reference to ``40 CFR part 97.402'' to the 
correct reference of ``40 CFR part 97.502.''

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference 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).

IV. Proposed Action

    EPA is proposing to approve 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.

V. 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 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.



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

    Dated: September 25, 2019.
Mary S. Walker,
Regional Administrator, Region 4.
[FR Doc. 2019-22326 Filed 10-11-19; 8:45 am]
 BILLING CODE 6560-50-P


