81_FR_66085 81 FR 65899 - Air Plan Approval; Georgia; Prong 4-2008 Ozone, 2010 NO2

81 FR 65899 - Air Plan Approval; Georgia; Prong 4-2008 Ozone, 2010 NO2

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 186 (September 26, 2016)

Page Range65899-65901
FR Document2016-22887

The Environmental Protection Agency (EPA) is conditionally approving the portions of revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Department of Natural Resources (DNR), Environmental Protection Division (GAEPD), addressing the Clean Air Act (CAA or Act) visibility transport (prong 4) infrastructure SIP requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO<INF>2</INF>), 2010 1-hour Sulfur Dioxide (SO<INF>2</INF>), and 2012 annual Fine Particulate Matter (PM<INF>2.5</INF>) National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ``infrastructure SIP.'' Specifically, EPA is conditionally approving the prong 4 portions of Georgia's March 6, 2012, 8-hour Ozone infrastructure SIP submission; March 25, 2013, 2010 1-hour NO<INF>2</INF> infrastructure SIP submission; October 22, 2013, 2010 1- hour SO<INF>2</INF> infrastructure SIP submission; and December 14, 2015, 2012 annual PM<INF>2.5</INF> infrastructure SIP submission. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings.

Federal Register, Volume 81 Issue 186 (Monday, September 26, 2016)
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65899-65901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22887]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0315; FRL-9952-72-Region 4]


Air Plan Approval; Georgia; Prong 4--2008 Ozone, 2010 
NO2, SO2, and 2012 PM2.5

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is conditionally 
approving the portions of revisions to the Georgia State Implementation 
Plan (SIP), submitted by the Georgia Department of Natural Resources 
(DNR), Environmental Protection Division (GAEPD), addressing the Clean 
Air Act (CAA or Act) visibility transport (prong 4) infrastructure SIP 
requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide 
(NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 
annual Fine Particulate Matter (PM2.5) National Ambient Air 
Quality Standards (NAAQS). The CAA requires that each state adopt and 
submit a SIP for the implementation, maintenance, and enforcement of 
each NAAQS promulgated by EPA, commonly referred to as an 
``infrastructure SIP.'' Specifically, EPA is conditionally approving 
the prong 4 portions of Georgia's March 6, 2012, 8-hour Ozone 
infrastructure SIP submission; March 25, 2013, 2010 1-hour 
NO2 infrastructure SIP submission; October 22, 2013, 2010 1-
hour SO2 infrastructure SIP submission; and December 14, 
2015, 2012 annual PM2.5 infrastructure SIP submission. All 
other applicable infrastructure requirements for these SIP submissions 
have been or will be addressed in separate rulemakings.

DATES: This rule will be effective [insert date 30 days after date of 
publication in the Federal Register].

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No EPA-R04-OAR-2016-0315. All documents in the docket 
are listed on the www.regulations.gov Web site. 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, Pesticides and Toxics Management 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: Sean Lakeman of the Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman can be reached by telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    By statute, SIPs meeting the requirements of sections 110(a)(1) and 
(2) of the CAA are to be submitted by states within three years after 
promulgation of a new or revised NAAQS to provide for the 
implementation, maintenance, and enforcement of the new or revised 
NAAQS. 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. Sections 110(a)(1) and 
(2) require states to address basic SIP elements such as the 
requirements for monitoring, basic program requirements, and legal 
authority that are designed to assure attainment and maintenance of the 
newly established or revised NAAQS. More specifically, section 
110(a)(1) provides the procedural and timing requirements for 
infrastructure SIPs. Section 110(a)(2) lists specific elements that 
states must meet for the

[[Page 65900]]

infrastructure SIP requirements related to a newly established or 
revised NAAQS. The contents of an infrastructure SIP submission may 
vary depending upon the data and analytical tools available to the 
state, as well as the provisions already contained in the state's 
implementation plan at the time in which the state develops and submits 
the submission for a new or revised NAAQS.
    Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct 
components, commonly referred to as ``prongs,'' that must be addressed 
in infrastructure SIP submissions. The first two prongs, which are 
codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit 
any source or other type of emissions activity in one state from 
contributing significantly to nonattainment of the NAAQS in another 
state (prong 1) and from interfering with maintenance of the NAAQS in 
another state (prong 2). The third and fourth prongs, which are 
codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit 
emissions activity in one state from interfering with measures required 
to prevent significant deterioration of air quality in another state 
(prong 3) or from interfering with measures to protect visibility in 
another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to 
include provisions ensuring compliance with sections 115 and 126 of the 
Act, relating to interstate and international pollution abatement.
    Georgia's infrastructure SIP revisions cite to the regional haze 
program as satisfying the requirements of prong 4 for the 2008 8-hour 
Ozone, 2010 1-hour NO2, 2010 1-hour SO2, and 2012 
annual PM2.5 NAAQS. However, the State may not currently 
rely on its regional haze SIP to satisfy these requirements because EPA 
has not yet fully approved Georgia's regional haze SIP as it relies on 
the Clean Air Interstate Rule (CAIR) to satisfy the nitrogen oxides 
(NOX) and SO2 Best Available Retrofit Technology 
(BART) requirements for the CAIR-subject electric generating units 
(EGUs) in the State and the requirement for a long-term strategy 
sufficient to achieve the state-adopted reasonable progress goals.\1\ 
Therefore, on May 26, 2016, Georgia submitted a commitment letter to 
EPA requesting conditional approval of the prong 4 portions of the 
aforementioned infrastructure SIP revisions.
---------------------------------------------------------------------------

    \1\ CAIR, promulgated in 2005, required 27 states and the 
District of Columbia to reduce emissions of NOX and 
SO2 that significantly contribute to, or interfere with 
maintenance of, the 1997 NAAQS for fine particulates and/or ozone in 
any downwind state. CAIR imposed specified emissions reduction 
requirements on each affected State, and established several EPA-
administered cap and trade programs for EGUs that States could join 
as a means to meet these requirements.
---------------------------------------------------------------------------

    In its commitment letter, Georgia commits to satisfy the prong 4 
requirements for the 2008 8-hour ozone NAAQS, 2010 1-hour 
NO2 NAAQS, 2010 1-hour SO2 NAAQS, and 2012 
PM2.5 NAAQS by providing a SIP revision that adopts 
provisions for participation in the Cross State Air Pollution Rule 
annual NOX and annual SO2 trading programs, 
including annual NOX and annual SO2 budgets that 
are at least as stringent as the budgets codified for Georgia at 40 CFR 
97.710(a) (SO2 Group 2 trading budgets) and 40 CFR 97.410(a) 
(NOX Annual trading budgets). Georgia will rely on this SIP 
revision adopting such budgets to submit a concurrent SIP revision 
specifically addressing the visibility requirements of prong 4. In its 
commitment letter, Georgia commits to providing these two concurrent 
SIP revisions within one year of EPA's final conditional approval of 
the prong 4 portions of the infrastructure SIP revisions and provides 
an anticipated schedule for these revisions. If the revised 
infrastructure SIP revision relies on a fully approvable regional haze 
SIP, Georgia also commits to providing the necessary regional haze SIP 
revision to EPA within one year of EPA's final conditional approval.
    If Georgia meets its commitment within one year of final 
conditional approval, the prong 4 portions of the conditionally 
approved infrastructure SIP submissions will remain a part of the SIP 
until EPA takes final action approving or disapproving the new SIP 
revision(s). However, if the State fails to submit these revisions 
within the one-year timeframe, the conditional approval will 
automatically become a disapproval one year from EPA's final 
conditional approval and EPA will issue a finding of disapproval. EPA 
is not required to propose the finding of disapproval. If the 
conditional approval is converted to a disapproval, the final 
disapproval triggers the FIP requirement under CAA section 110(c).
    In a notice of proposed rulemaking (NPRM) published on July 11, 
2016 (81 FR 44831), EPA proposed to conditionally approve the prong 4 
portions of the aforementioned infrastructure SIP submissions. The NPRM 
provides additional detail regarding the rationale for EPA's action, 
including further discussion of the prong 4 requirements and the basis 
for Georgia's commitment letter. Comments on the proposed rulemaking 
were due on or before August 10, 2016. EPA received no adverse comments 
on the proposed action.

II. Final Action

    EPA is conditionally approving the prong 4 portions of Georgia's 
March 6, 2012, 8-hour Ozone infrastructure SIP submission; March 25, 
2013, 2010 1-hour NO2 infrastructure SIP submission; October 
22, 2013, 2010 1-hour SO2 infrastructure SIP submission; and 
December 14, 2015, 2012 annual PM2.5 infrastructure SIP 
submission. All other applicable infrastructure requirements for these 
SIP submissions have been or will be addressed in separate rulemakings.

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. Accordingly, 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);
     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.aw 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

[[Page 65901]]

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).
    In addition, 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 25, 2016. 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, 
Particulate Matter, Reporting and recordkeeping requirements, Sulfur 
dioxide, Volatile organic compounds.

    Dated: September 13, 2016.
V. Anne Heard,
Acting 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 52.569 is added to read as follows:


Sec.  52.569  Conditional approval.

    Georgia submitted a letter to EPA on May 26, 2016, with a 
commitment to address the State Implementation Plan deficiencies 
regarding requirements of Clean Air Act section 110(a)(2)(D)(i)(II) 
related to interference with measures to protect visibility in another 
state (prong 4) for the 2008 8-hour Ozone, 2010 1-hour NO2, 
2010 1-hour SO2, and 2012 annual PM2.5 NAAQS. EPA 
conditionally approved the prong 4 portions of Georgia's March 6, 2012, 
8-hour Ozone infrastructure SIP submission; March 25, 2013, 2010 1-hour 
NO2 infrastructure SIP submission; October 22, 2013, 2010 1-
hour SO2 infrastructure SIP submission; and December 14, 
2015, 2012 annual PM2.5 infrastructure SIP submission in an 
action published in the Federal Register on September 26, 2016. If 
Georgia fails to meet its commitment by September 26, 2017, the 
conditional approval will automatically become a disapproval on that 
date and EPA will issue a finding of disapproval.
[FR Doc. 2016-22887 Filed 9-23-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations                                                       65899

                                                                                        EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS
                                                                                                                                           State
                                                                                                     Order/permit
                                                           Name of source                                                                 effective            EPA approval date                    Explanation
                                                                                                         No.                                date


                                                         *                          *                  *                                     *                     *                        *                 *
                                                (31) Exide Technologies                  Consent Judgment 14H0–                             10/10/14    9/26/16 and [Insert Federal
                                                  Canon Hollow, MO.                        CC00064.                                                       Register citation].



                                                *      *       *       *      *                                  (e) * * *

                                                                                           EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS
                                                                                                      Applicable
                                                             Name of                                                                       State
                                                                                                    geographic or                                                 EPA approval
                                                           nonregulatory                                                                 submittal                                                  Explanation
                                                                                                    nonattainment                                                    date
                                                           SIP provision                                                                   date
                                                                                                        area


                                                         *                  *                                 *                              *                     *                        *                *
                                                (71) Exide Technologies Com-             Forest City ..............................         10/15/14    9/26/16 and [Insert Federal          [EPA–R07–OAR–2015–0835;
                                                  pliance Plan 2008 lead                                                                                  Register citation].                  FRL 9952–79–Region 7].
                                                  NAAQS.



                                                *      *       *       *      *                               Georgia’s March 6, 2012, 8-hour Ozone                       Office’s official hours of business are
                                                [FR Doc. 2016–22981 Filed 9–23–16; 8:45 am]                   infrastructure SIP submission; March                        Monday through Friday 8:30 a.m. to
                                                BILLING CODE 6560–50–P                                        25, 2013, 2010 1-hour NO2                                   4:30 p.m., excluding federal holidays.
                                                                                                              infrastructure SIP submission; October                      FOR FURTHER INFORMATION CONTACT:
                                                                                                              22, 2013, 2010 1-hour SO2 infrastructure                    Sean Lakeman of the Air Regulatory
                                                ENVIRONMENTAL PROTECTION                                      SIP submission; and December 14, 2015,                      Management Section, Air Planning and
                                                AGENCY                                                        2012 annual PM2.5 infrastructure SIP                        Implementation Branch, Air, Pesticides
                                                                                                              submission. All other applicable                            and Toxics Management Division, U.S.
                                                40 CFR Part 52                                                infrastructure requirements for these SIP                   Environmental Protection Agency,
                                                [EPA–R04–OAR–2016–0315; FRL–9952–72-                          submissions have been or will be                            Region 4, 61 Forsyth Street SW.,
                                                Region 4]                                                     addressed in separate rulemakings.                          Atlanta, Georgia 30303–8960. Mr.
                                                                                                              DATES: This rule will be effective [insert                  Lakeman can be reached by telephone at
                                                Air Plan Approval; Georgia; Prong 4—                          date 30 days after date of publication in                   (404) 562–9043 or via electronic mail at
                                                2008 Ozone, 2010 NO2, SO2, and 2012                           the Federal Register].                                      lakeman.sean@epa.gov.
                                                PM2.5                                                         ADDRESSES: EPA has established a                            SUPPLEMENTARY INFORMATION:
                                                AGENCY:  Environmental Protection                             docket for this action under Docket
                                                                                                              Identification No EPA–R04–OAR–2016–                         I. Background
                                                Agency.
                                                ACTION: Final rule.                                           0315. All documents in the docket are                          By statute, SIPs meeting the
                                                                                                              listed on the www.regulations.gov Web                       requirements of sections 110(a)(1) and
                                                SUMMARY:   The Environmental Protection                       site. Although listed in the index, some                    (2) of the CAA are to be submitted by
                                                Agency (EPA) is conditionally                                 information may not be publicly                             states within three years after
                                                approving the portions of revisions to                        available, i.e., Confidential Business                      promulgation of a new or revised
                                                the Georgia State Implementation Plan                         Information or other information whose                      NAAQS to provide for the
                                                (SIP), submitted by the Georgia                               disclosure is restricted by statute.                        implementation, maintenance, and
                                                Department of Natural Resources (DNR),                        Certain other material, such as                             enforcement of the new or revised
                                                Environmental Protection Division                             copyrighted material, is not placed on                      NAAQS. EPA has historically referred to
                                                (GAEPD), addressing the Clean Air Act                         the Internet and will be publicly                           these SIP submissions made for the
                                                (CAA or Act) visibility transport (prong                      available only in hard copy form.                           purpose of satisfying the requirements
                                                4) infrastructure SIP requirements for                        Publicly available docket materials are                     of sections 110(a)(1) and 110(a)(2) as
                                                the 2008 8-hour Ozone, 2010 1-hour                            available either electronically through                     ‘‘infrastructure SIP’’ submissions.
                                                Nitrogen Dioxide (NO2), 2010 1-hour                           www.regulations.gov or in hard copy at                      Sections 110(a)(1) and (2) require states
                                                Sulfur Dioxide (SO2), and 2012 annual                         the Air Regulatory Management Section,                      to address basic SIP elements such as
                                                Fine Particulate Matter (PM2.5) National                      Air Planning and Implementation                             the requirements for monitoring, basic
                                                Ambient Air Quality Standards                                 Branch, Air, Pesticides and Toxics                          program requirements, and legal
                                                (NAAQS). The CAA requires that each                           Management Division, U.S.                                   authority that are designed to assure
mstockstill on DSK3G9T082PROD with RULES




                                                state adopt and submit a SIP for the                          Environmental Protection Agency,                            attainment and maintenance of the
                                                implementation, maintenance, and                              Region 4, 61 Forsyth Street SW.,                            newly established or revised NAAQS.
                                                enforcement of each NAAQS                                     Atlanta, Georgia 30303–8960. EPA                            More specifically, section 110(a)(1)
                                                promulgated by EPA, commonly                                  requests that if at all possible, you                       provides the procedural and timing
                                                referred to as an ‘‘infrastructure SIP.’’                     contact the person listed in the FOR                        requirements for infrastructure SIPs.
                                                Specifically, EPA is conditionally                            FURTHER INFORMATION CONTACT section to                      Section 110(a)(2) lists specific elements
                                                approving the prong 4 portions of                             schedule your inspection. The Regional                      that states must meet for the


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                                                65900            Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations

                                                infrastructure SIP requirements related                 to EPA requesting conditional approval                received no adverse comments on the
                                                to a newly established or revised                       of the prong 4 portions of the                        proposed action.
                                                NAAQS. The contents of an                               aforementioned infrastructure SIP
                                                                                                                                                              II. Final Action
                                                infrastructure SIP submission may vary                  revisions.
                                                depending upon the data and analytical                     In its commitment letter, Georgia                     EPA is conditionally approving the
                                                tools available to the state, as well as the            commits to satisfy the prong 4                        prong 4 portions of Georgia’s March 6,
                                                provisions already contained in the                     requirements for the 2008 8-hour ozone                2012, 8-hour Ozone infrastructure SIP
                                                state’s implementation plan at the time                 NAAQS, 2010 1-hour NO2 NAAQS,                         submission; March 25, 2013, 2010 1-
                                                in which the state develops and submits                 2010 1-hour SO2 NAAQS, and 2012                       hour NO2 infrastructure SIP submission;
                                                the submission for a new or revised                     PM2.5 NAAQS by providing a SIP                        October 22, 2013, 2010 1-hour SO2
                                                NAAQS.                                                  revision that adopts provisions for                   infrastructure SIP submission; and
                                                   Section 110(a)(2)(D) has two                         participation in the Cross State Air                  December 14, 2015, 2012 annual PM2.5
                                                components: 110(a)(2)(D)(i) and                         Pollution Rule annual NOX and annual                  infrastructure SIP submission. All other
                                                110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)               SO2 trading programs, including annual                applicable infrastructure requirements
                                                includes four distinct components,                      NOX and annual SO2 budgets that are at                for these SIP submissions have been or
                                                commonly referred to as ‘‘prongs,’’ that                least as stringent as the budgets codified            will be addressed in separate
                                                must be addressed in infrastructure SIP                 for Georgia at 40 CFR 97.710(a) (SO2                  rulemakings.
                                                submissions. The first two prongs,                      Group 2 trading budgets) and 40 CFR
                                                which are codified in section                           97.410(a) (NOX Annual trading budgets).               III. Statutory and Executive Order
                                                110(a)(2)(D)(i)(I), are provisions that                 Georgia will rely on this SIP revision                Reviews
                                                prohibit any source or other type of                    adopting such budgets to submit a                        Under the CAA, the Administrator is
                                                emissions activity in one state from                    concurrent SIP revision specifically                  required to approve a SIP submission
                                                contributing significantly to                           addressing the visibility requirements of             that complies with the provisions of the
                                                nonattainment of the NAAQS in another                   prong 4. In its commitment letter,                    Act and applicable federal regulations.
                                                state (prong 1) and from interfering with               Georgia commits to providing these two                See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                maintenance of the NAAQS in another                     concurrent SIP revisions within one                   Thus, in reviewing SIP submissions,
                                                state (prong 2). The third and fourth                   year of EPA’s final conditional approval              EPA’s role is to approve state choices,
                                                prongs, which are codified in section                   of the prong 4 portions of the                        provided that they meet the criteria of
                                                110(a)(2)(D)(i)(II), are provisions that                infrastructure SIP revisions and                      the CAA. Accordingly, this action
                                                prohibit emissions activity in one state                provides an anticipated schedule for                  merely approves state law as meeting
                                                from interfering with measures required                 these revisions. If the revised                       federal requirements and does not
                                                to prevent significant deterioration of air             infrastructure SIP revision relies on a               impose additional requirements beyond
                                                quality in another state (prong 3) or                   fully approvable regional haze SIP,                   those imposed by state law. For that
                                                from interfering with measures to                       Georgia also commits to providing the                 reason, this action:
                                                protect visibility in another state (prong              necessary regional haze SIP revision to                  • Is not a ‘‘significant regulatory
                                                4). Section 110(a)(2)(D)(ii) requires SIPs              EPA within one year of EPA’s final                    action’’ subject to review by the Office
                                                to include provisions ensuring                          conditional approval.                                 of Management and Budget under
                                                compliance with sections 115 and 126                       If Georgia meets its commitment                    Executive Orders 12866 (58 FR 51735,
                                                of the Act, relating to interstate and                  within one year of final conditional                  October 4, 1993) and 13563 (76 FR 3821,
                                                international pollution abatement.                      approval, the prong 4 portions of the                 January 21, 2011);
                                                   Georgia’s infrastructure SIP revisions               conditionally approved infrastructure                    • Does not impose an information
                                                cite to the regional haze program as                    SIP submissions will remain a part of                 collection burden under the provisions
                                                satisfying the requirements of prong 4                  the SIP until EPA takes final action                  of the Paperwork Reduction Act (44
                                                for the 2008 8-hour Ozone, 2010 1-hour                  approving or disapproving the new SIP                 U.S.C. 3501 et seq.);
                                                NO2, 2010 1-hour SO2, and 2012 annual                   revision(s). However, if the State fails to              • Is certified as not having a
                                                PM2.5 NAAQS. However, the State may                     submit these revisions within the one-                significant economic impact on a
                                                not currently rely on its regional haze                 year timeframe, the conditional                       substantial number of small entities
                                                SIP to satisfy these requirements                       approval will automatically become a                  under the Regulatory Flexibility Act (5
                                                because EPA has not yet fully approved                  disapproval one year from EPA’s final                 U.S.C. 601 et seq.);
                                                Georgia’s regional haze SIP as it relies                conditional approval and EPA will issue                  • Does not contain any unfunded
                                                on the Clean Air Interstate Rule (CAIR)                 a finding of disapproval. EPA is not                  mandate or significantly or uniquely
                                                to satisfy the nitrogen oxides (NOX) and                required to propose the finding of                    affect small governments, as described
                                                SO2 Best Available Retrofit Technology                  disapproval. If the conditional approval              in the Unfunded Mandates Reform Act
                                                (BART) requirements for the CAIR-                       is converted to a disapproval, the final              of 1995 (Pub. L.aw 104–4);
                                                subject electric generating units (EGUs)                disapproval triggers the FIP requirement                 • Does not have Federalism
                                                in the State and the requirement for a                  under CAA section 110(c).                             implications as specified in Executive
                                                long-term strategy sufficient to achieve                   In a notice of proposed rulemaking                 Order 13132 (64 FR 43255, August 10,
                                                the state-adopted reasonable progress                   (NPRM) published on July 11, 2016 (81                 1999);
                                                goals.1 Therefore, on May 26, 2016,                     FR 44831), EPA proposed to                               • Is not an economically significant
                                                Georgia submitted a commitment letter                   conditionally approve the prong 4                     regulatory action based on health or
                                                                                                        portions of the aforementioned                        safety risks subject to Executive Order
                                                   1 CAIR, promulgated in 2005, required 27 states      infrastructure SIP submissions. The                   13045 (62 FR 19885, April 23, 1997);
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                                                and the District of Columbia to reduce emissions of     NPRM provides additional detail                          • Is not a significant regulatory action
                                                NOX and SO2 that significantly contribute to, or
                                                interfere with maintenance of, the 1997 NAAQS for       regarding the rationale for EPA’s action,             subject to Executive Order 13211 (66 FR
                                                fine particulates and/or ozone in any downwind          including further discussion of the                   28355, May 22, 2001);
                                                state. CAIR imposed specified emissions reduction       prong 4 requirements and the basis for                   • Is not subject to requirements of
                                                requirements on each affected State, and                Georgia’s commitment letter. Comments                 section 12(d) of the National
                                                established several EPA-administered cap and trade
                                                programs for EGUs that States could join as a means     on the proposed rulemaking were due                   Technology Transfer and Advancement
                                                to meet these requirements.                             on or before August 10, 2016. EPA                     Act of 1995 (15 U.S.C. 272 note) because


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                                                                 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations                                          65901

                                                application of those requirements would                   Dated: September 13, 2016.                          recognized Indian tribes in a similar
                                                be inconsistent with the CAA; and                       V. Anne Heard,                                        manner as a state for purposes of
                                                   • Does not provide EPA with the                      Acting Regional Administrator, Region 4.              administering section 303 and certain
                                                discretionary authority to address, as                                                                        other provisions of the CWA, and
                                                                                                            40 CFR part 52 is amended as follows:
                                                appropriate, disproportionate human                                                                           directed the agency to promulgate
                                                health or environmental effects, using                  PART 52—APPROVAL AND                                  regulations effectuating this
                                                                                                        PROMULGATION OF                                       authorization. EPA has issued
                                                practicable and legally permissible
                                                                                                        IMPLEMENTATION PLANS                                  regulations establishing a process for
                                                methods, under Executive Order 12898
                                                                                                                                                              federally recognized tribes to obtain
                                                (59 FR 7629, February 16, 1994).
                                                                                                        ■ 1. The authority citation for part 52               treatment in a similar manner as states
                                                   In addition, the SIP is not approved                 continues to read as follows:                         (TAS) for several provisions of the
                                                to apply on any Indian reservation land                     Authority: 42 U.S.C. 7401 et seq.                 CWA; for example, 53 tribes have
                                                or in any other area where EPA or an                                                                          obtained TAS authority to issue water
                                                Indian tribe has demonstrated that a                    Subpart L—Georgia                                     quality standards under CWA section
                                                tribe has jurisdiction. In those areas of                                                                     303(c). EPA has not yet promulgated
                                                Indian country, the rule does not have                  ■ 2. Section 52.569 is added to read as               regulations expressly establishing a
                                                tribal implications as specified by                     follows:                                              process for tribes to obtain TAS
                                                Executive Order 13175 (65 FR 67249,                                                                           authority to administer the water quality
                                                                                                        § 52.569    Conditional approval.
                                                November 9, 2000), nor will it impose                                                                         restoration provisions of CWA section
                                                                                                          Georgia submitted a letter to EPA on                303(d), including issuing lists of
                                                substantial direct costs on tribal
                                                                                                        May 26, 2016, with a commitment to                    impaired waters and developing total
                                                governments or preempt tribal law.
                                                                                                        address the State Implementation Plan                 maximum daily loads (TMDLs), as states
                                                   The Congressional Review Act, 5                      deficiencies regarding requirements of                routinely do. EPA is now remedying
                                                U.S.C. 801 et seq., as added by the Small               Clean Air Act section 110(a)(2)(D)(i)(II)             this gap. By establishing regulatory
                                                Business Regulatory Enforcement                         related to interference with measures to              procedures for eligible tribes to obtain
                                                Fairness Act of 1996, generally provides                protect visibility in another state (prong            TAS for the CWA Section 303(d)
                                                that before a rule may take effect, the                 4) for the 2008 8-hour Ozone, 2010 1-                 Impaired Water Listing and TMDL
                                                agency promulgating the rule must                       hour NO2, 2010 1-hour SO2, and 2012                   Program, this final rule enables eligible
                                                submit a rule report, which includes a                  annual PM2.5 NAAQS. EPA                               tribes to obtain authority to identify
                                                copy of the rule, to each House of the                  conditionally approved the prong 4                    impaired waters on their reservations
                                                Congress and to the Comptroller General                 portions of Georgia’s March 6, 2012, 8-               and to establish TMDLs, which serve as
                                                of the United States. EPA will submit a                 hour Ozone infrastructure SIP                         plans for attaining and maintaining
                                                report containing this action and other                 submission; March 25, 2013, 2010 1-                   applicable water quality standards
                                                required information to the U.S. Senate,                hour NO2 infrastructure SIP submission;               (WQS). The rule is comparable to
                                                the U.S. House of Representatives, and                  October 22, 2013, 2010 1-hour SO2                     similar regulations that EPA issued in
                                                the Comptroller General of the United                   infrastructure SIP submission; and                    the 1990s for the CWA Section 303(c)
                                                States prior to publication of the rule in              December 14, 2015, 2012 annual PM2.5                  WQS and CWA Section 402 and Section
                                                the Federal Register. A major rule                      infrastructure SIP submission in an                   404 Permitting Programs, and includes
                                                cannot take effect until 60 days after it               action published in the Federal Register              features designed to minimize
                                                is published in the Federal Register.                   on September 26, 2016. If Georgia fails               paperwork and unnecessary reviews.
                                                This action is not a ‘‘major rule’’ as                  to meet its commitment by September
                                                                                                        26, 2017, the conditional approval will               DATES:This final rule is effective
                                                defined by 5 U.S.C. 804(2).                                                                                   October 26, 2016.
                                                                                                        automatically become a disapproval on
                                                   Under section 307(b)(1) of the CAA,                  that date and EPA will issue a finding                ADDRESSES:   EPA has established a
                                                petitions for judicial review of this                   of disapproval.                                       docket for this rule under Docket
                                                action must be filed in the United States               [FR Doc. 2016–22887 Filed 9–23–16; 8:45 am]           identification (ID) No. EPA–HQ–OW–
                                                Court of Appeals for the appropriate                    BILLING CODE 6560–50–P                                2014–0622. All documents in the docket
                                                circuit by November 25, 2016. Filing a                                                                        are listed and accessible for viewing at
                                                petition for reconsideration by the                                                                           http://www.regulations.gov.
                                                Administrator of this final rule does not               ENVIRONMENTAL PROTECTION
                                                                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                affect the finality of this action for the              AGENCY
                                                                                                                                                              Ruth Chemerys, Assessment and
                                                purposes of judicial review nor does it
                                                                                                        40 CFR Part 130                                       Watershed Protection Division, Office of
                                                extend the time within which a petition                                                                       Wetlands, Oceans and Watersheds
                                                for judicial review may be filed, and                   [EPA–HQ–OW–2014–0622; FRL–9952–61–                    (4503T), Environmental Protection
                                                shall not postpone the effectiveness of                 OW]
                                                                                                                                                              Agency, 1200 Pennsylvania Ave. NW.,
                                                such rule or action. This action may not                RIN 2040–AF52                                         Washington, DC 20460; telephone
                                                be challenged later in proceedings to                                                                         number: (202) 566–1216; fax number:
                                                enforce its requirements. See section                   Treatment of Indian Tribes in a Similar               (202) 566–1331; email address:
                                                307(b)(2).                                              Manner as States for Purposes of                      TASTMDL@epa.gov.
                                                                                                        Section 303(d) of the Clean Water Act
                                                List of Subjects in 40 CFR Part 52                                                                            SUPPLEMENTARY INFORMATION:  This
                                                                                                        AGENCY:  Environmental Protection                     supplementary information is organized
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                                                  Environmental protection, Air                         Agency (EPA).                                         as follows:
                                                pollution control, Incorporation by                     ACTION: Final rule.                                   I. General Information
                                                reference, Intergovernmental relations,
                                                                                                                                                                 A. Does this action apply to me?
                                                Nitrogen dioxide, Ozone, Particulate                    SUMMARY:   In section 518(e) of the Clean                B. Over what area may tribes apply for TAS
                                                Matter, Reporting and recordkeeping                     Water Act (CWA), Congress authorized                       for the CWA Section 303(d) Impaired
                                                requirements, Sulfur dioxide, Volatile                  the Environmental Protection Agency                        Water Listing and TMDL Program?
                                                organic compounds.                                      (EPA) to treat eligible federally                        C. How was this rule developed?



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Document Created: 2018-02-09 13:23:19
Document Modified: 2018-02-09 13:23:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule will be effective [insert date 30 days after date of publication in the Federal Register].
ContactSean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached by telephone at (404) 562-9043 or via electronic mail at [email protected]
FR Citation81 FR 65899 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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