82 FR 38605 - Air Plan Approval; Georgia: New Source Review and Permitting Updates
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 156 (August 15, 2017)
Federal Register Volume 82, Issue 156 (August 15, 2017)
| Page Range | 38605-38611 | |
| FR Document | 2017-16490 |
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)] [Rules and Regulations] [Pages 38605-38611] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16490] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0078; FRL-9965-60-Region 4] Air Plan Approval; Georgia: New Source Review and Permitting Updates AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the Georgia State Implementation Plan (SIP) to revise new source review (NSR) and miscellaneous permitting regulations. EPA is approving portions of SIP revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD), on December 15, 2011, July 25, 2014, and November 12, 2014. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This direct final rule is effective October 16, 2017 without further notice, unless EPA receives adverse comment by September 14, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2017-0078 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 [[Page 38606]] 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, 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: D. Brad Akers, 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. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is the Agency taking? On December 15, 2011, July 25, 2014, and November 12, 2014, GA EPD submitted SIP revisions to EPA for approval that involve changes to Georgia's regulations to make them consistent with federal requirements for NSR permitting, among other changes. In this action, EPA is approving the portions of these Georgia submissions that make changes to the following GA EPD regulations: Rule 391-3-1-.02(7)--``Prevention of Significant Deterioration of Air Quality (PSD),'' which applies to the construction and modification of any major stationary source in areas designated as attainment or unclassifiable as required by part C of title I of the CAA; and Rule 391-3-1-.03(8)--``Permit Requirements,'' which applies generally to the permitting program, including permitting requirements that apply to the construction and modification of any major stationary sources in nonattainment areas (NAAs) as required by part D of title I of the CAA, referred to as nonattainment new source review (NNSR). Georgia's PSD regulations at Rule 391-3-1-.02(7) were last updated in the SIP on April 9, 2013. See 78 FR 21065. Georgia's NNSR regulations at Rule 391-3-1-.03(8) were last updated in the SIP on November 22, 2010 (75 FR 71020). Georgia's December 15, 2011 SIP revision modifies the definition of ``Net Emissions Increase'' to remove an obsolete reference by deleting subparagraph (III) in Rule 391-3-1-.03(8)(g)(1)(iii) and by making minor grammatical edits to subparagraphs (I) and (II) to address the deletion of subparagraph (III). Georgia's July 25, 2014 SIP revision removes an obsolete provision at Rule 391-3-1-.03(8)(d), which applied to permits issued prior to July 1, 1979. The revision replaces the text in paragraph (8)(d) with the text ``[reserved]''. Georgia's November 12, 2014 SIP revision makes changes to the PSD regulations to reflect changes to the federal PSD regulations at 40 CFR 52.21, including provisions promulgated in the following federal rules: ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5 ): \1\ Amendment to the Definition of `Regulated NSR Pollutant' Concerning Condensable Particulate Matter,'' Final Rule, 77 FR 65107 (October 25, 2012) (hereinafter referred to as the PM2.5 Condensables Correction Rule). Georgia's November 12, 2014 SIP revision also makes changes to Georgia's PSD program to incorporate plantwide applicability limits (PALs) for greenhouse gases (GHGs) as allowed in the federal rule entitled ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits.'' See 77 FR 41051 (July 12, 2012) (hereinafter referred to as the GHG Step 3 Rule). The PM2.5 Condensables Correction Rule and the GHG Step 3 Rule are discussed in Section 2, below. --------------------------------------------------------------------------- \1\ Airborne particulate matter (PM) with a nominal aerodynamic diameter of 2.5 micrometers or less (a micrometer is one-millionth of a meter, and 2.5 micrometers is less than one-seventh the average width of a human hair) are considered to be ``fine particles'' and are also known as PM2.5 . Fine particles in the atmosphere are made up of a complex mixture of components including sulfate; nitrate; ammonium; elemental carbon; a great variety of organic compounds; and inorganic material (including metals, dust, sea salt, and other trace elements) generally referred to as ``crustal'' material, although it may contain material from other sources. The health effects associated with exposure to PM2.5 include potential aggravation of respiratory and cardiovascular disease (i.e., lung disease, decreased lung function, asthma attacks and certain cardiovascular issues). On July 18, 1997, EPA revised the NAAQS for PM to add new standards for fine particles, using PM2.5 as the indicator. Previously, EPA used PM10 (inhalable particles smaller than or equal to 10 micrometers in diameter) as the indicator for the PM NAAQS. EPA established health-based (primary) annual and 24-hour standards for PM2.5 , setting an annual standard at a level of 15.0 micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at a level of 65 [micro]g/m\3\(62 FR 38652). At the time the 1997 primary standards were established, EPA also established welfare- based (secondary) standards identical to the primary standards. The secondary standards are designed to protect against major environmental effects of PM2.5, such as visibility impairment, soiling, and materials damage. On October 17, 2006, EPA revised the primary and secondary 24-hour NAAQS for PM2.5 to 35 [micro]g/m\3\ and retained the existing annual PM2.5 NAAQS of 15.0 [micro]g/m\3\(71 FR 61236). On January 15, 2013, EPA published a final rule revising the annual PM2.5 NAAQS to 12 [micro]g/m\3\(78 FR 3086). --------------------------------------------------------------------------- At this time, EPA is not acting on the changes included in the December 15, 2011, submittal made to Rule 391-3-1-.01--``Definitions,'' at paragraph (cccc); Rule 391-3-1-.03 at paragraph (11)--``Permit by Rule;'' and to the NNSR program at Rule 391-3-1-.03(8)(c), (e), and certain portions of (g), that adopted provisions related to PM2.5 , and modified certain provisions related to ozone.\2\ The revision made to Rule 391-3-1-.02, ``Provisions,'' at paragraph (2)(uuu)--``SO2 Emissions from Electric Utility Steam Generating Units,'' was withdrawn from the December 15, 2011, submittal and EPA consideration on December 9, 2014. The changes made to Rule 391-3-1-.02(4)--``Ambient Air Standards,'' included in the December 15, 2011, submittal, were approved in a May 16, 2013, final rule (78 FR 28744). EPA also approved changes made to Rule 391-3-1-.01-- ``Definitions,'' at paragraph (nnnn), as included in the December 15, 2011, submittal, in a July 31, 2015 direct final rule. See 80 FR 45609. --------------------------------------------------------------------------- \2\ There are currently no areas in Georgia designated as nonattainment for any PM2.5 or ozone NAAQS. Regarding Rule 391-3-1-.03(8)(g), EPA is not acting on the changes to (g)(1)(iii), (g)(2)(i), (g)(5)(i), and (g)(6)(i) that reference subparagraph 8(c)16.(ii). As discussed in Section III.A., below, EPA is only acting on the changes to Rule 391-3-1-.03(8)(g) in the December 15, 2011 submittal that remove an obsolete reference to clean units. --------------------------------------------------------------------------- EPA is not acting on the following changes included in the July 25, 2014 submittal: Rule 391-3-1-.02(2)(a)--``General Provisions;'' Rule 391-3-1-.02(2)(e)--``Particulate Emissions from Manufacturing Processes;'' Rule 391-3-1-.02(l)--``Conical Burners;'' Rule 391-3- 1-.02(o)--``Cupola Furnaces for Metallurgical Melting;'' Rule 391-3- 1-.02(p)--``Particulate Emissions from Kaolin and Fuller's Earth Processes;'' Rule 391-3-1-.02(q)--``Particulate Emissions from Cotton Gins;'' Rule 391-3-1-.02(gg)--``Kraft Pulp Mills;'' Rule 391-3- 1-.02(4)--``Ambient Air Standards;'' or Rule 391-3-1-.02(6)(a)-- ``Specific Monitoring and Reporting Requirements for Particular Sources.'' EPA approved changes to Rule 391-3-1-.01--``Definitions,'' at paragraph (llll), as modified in the July 25, 2014 submittal, on October 5, 2016 (81 FR 69019). EPA also approved changes made to Rule 391-3-1-.01--``Definitions,'' at (nnnn) in a January 5, 2017 direct final rule. See 82 FR 1206. [[Page 38607]] EPA is not acting on the changes to Rule 391-3-1-.01-- ``Definitions,'' at paragraphs (llll) and (nnnn), and Rule 391-3- 1-.02(4)--``Ambient Air Standards,'' as included in the November 12, 2014 submittal, because EPA approved them on July 31, 2015. See 80 FR 45609. EPA is not acting on a change included in the November 12, 2014 submittal at Rule 391-3-1-.02(7)(a)(2)(iv). This provision would have incorporated by reference the federal definition of the term ``subject to regulation,'' but provided that incorporation of the federal regulation would be automatically rescinded if certain triggering events occurred. EPA previously disapproved the portion of a January 13, 2011 SIP revision that sought to include Rule 391-3- 1-.02(7)(a)(2)(iv) in the SIP. See 81 FR 11438 (March 4, 2016). Because this provision is not part of Georgia's SIP, EPA is not acting on the State's proposed change to that provision. Finally, EPA is not acting on the changes included in the November 12, 2014 submittal regarding a new definition of the term ``regulated NSR pollutant'' at Rule 391-3-1-.02(7)(a)(2)(ix) because Georgia withdrew these changes from EPA's consideration in a December 1, 2016 letter.\3\ --------------------------------------------------------------------------- \3\ In the December 1, 2016 letter, Georgia also withdrew changes regarding the term ``regulated NSR pollutant'' at Rule 391- 3-1-.02(7)(a)(2)(ix). The December 1, 2016 letter is included in the docket for this action. --------------------------------------------------------------------------- II. Background A. 2002 NSR Reform and Clean Units On December 31, 2002 (67 FR 80186), EPA published final rule changes to 40 CFR parts 51 and 52 regarding the CAA's PSD and NNSR programs. On November 7, 2003 (68 FR 63021), EPA published a notice of final action on reconsideration of the December 31, 2002, final rule changes. The December 31, 2002, and the November 7, 2003, final actions are collectively referred to as the ``2002 NSR Reform Rules.'' The 2002 NSR Reform Rules made changes to two areas of the NSR programs that are relevant to this action. First, the rule allowed major stationary sources to comply with plant-wide applicability limits (PALs) to avoid having a significant emissions increase that triggers the requirements of the major NSR program. A PAL establishes a site-specific plantwide-- rather than unit-specific--emission level for a pollutant, which allows the source to make changes to individual units at the facility without triggering the requirements of the PSD program, provided that facility- wide emissions do not exceed the PAL. Second, the rule provided a new applicability provision for emissions units that are designated ``clean units.'' On November 7, 2003 (68 FR 63021), EPA published a notice of final action on its reconsideration of the 2002 NSR Reform Rules, which clarified an issue regarding PALs. For additional information on the 2002 NSR Reform Rules, see 67 FR 80186 (December 31, 2002) and https://www.epa.gov/nsr/nsr-regulatory-actions#nsrreform. After the 2002 NSR Reform Rules were finalized and effective (March 3, 2003), industry, state, and environmental petitioners challenged numerous aspects of the 2002 NSR Reform Rules. See 45 FR 52676 (August 7, 1980). On June 24, 2005, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a decision vacating the portion of the rule pertaining to clean units. New York v. U.S. EPA, 413 F.3d 3 (D.C. Cir. 2005). On June 13, 2007 (72 FR 32526), EPA took final action to revise the 2002 NSR Reform Rules to remove from federal law all provisions pertaining to clean units. B. 2008 NSR PM2.5 Rule On May 16, 2008, EPA finalized a rule titled ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5 ),'' Final Rule, 73 FR 28321 (May 16, 2008) (hereinafter referred to as the 2008 NSR PM2.5 Rule). The 2008 NSR PM2.5 Rule, which revised the federal NSR program requirements to establish the framework for implementing preconstruction permit review for the PM2.5 NAAQS in both attainment and NAAs. Among other things, the rule revised the definition of ``regulated NSR pollutant'' for PSD to add a paragraph providing that ``particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures'' and that on or after January 1, 2011, ``such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM, PM2.5 and PM10 in permits.'' See 73 FR 28321 at 28348. A similar paragraph added to the NNSR rule does not include ``particulate matter (PM) emissions.'' See 40 CFR 51.165(a)(1)(xxxvii)(D). On October 25, 2012, EPA took final action to amend the definition of ``regulated NSR pollutant'' promulgated in the 2008 NSR PM2.5 Rule regarding the PM condensable provision at 40 CFR 51.166(b)(49)(vi), 52.21(b)(50)(i) and Appendix S to 40 CFR 51. See 77 FR 65107. The PM2.5 Condensables Correction Rule removed the inadvertent requirement in the 2008 NSR PM2.5 Rule that the measurement of condensable particulate matter be included as part of the measurement and regulation of ``particulate matter emissions'' under the PSD program. The term ``particulate matter emissions'' includes filterable particles that are larger than PM2.5 or PM10 and is an indicator measured under various New Source Performance Standards (NSPS). See 40 CFR part 60.\4\ --------------------------------------------------------------------------- \4\ In addition to the NSPS, states regulated ``particulate matter emissions'' for many years in their SIPs for PM, and the same indicator has been used as a surrogate for determining compliance with certain standards contained in 40 CFR part 63, regarding National Emission Standards for Hazardous Air Pollutants. --------------------------------------------------------------------------- The PSD requirements of the 2008 NSR PM2.5 Rule were approved into the Georgia SIP on September 8, 2011. See 76 FR 55572. The November 12, 2014 submittal makes the correction to the condensables provision for Georgia's PSD program. See Section III, below, for EPA's analysis of Georgia's submittals. B. Greenhouse Gases and Plantwide Applicability Limits On January 2, 2011, GHG emissions were, for the first time, covered by the PSD and title V operating permit programs.\5\ To establish a process for phasing in the permitting requirements for stationary sources of GHGs under the CAA PSD and title V programs, on June 3, 2010, the EPA published a final rule entitled ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule'' (hereinafter referred to as the GHG Tailoring Rule). See 75 FR 31514. In Step 1 of the GHG Tailoring Rule, which began on January 2, 2011, the EPA limited application of PSD and title V requirements to sources of GHG emissions only if they were subject to PSD or title V ``anyway'' due to their emissions of pollutants other than GHGs. These sources are referred to as ``anyway sources.'' --------------------------------------------------------------------------- \5\ See the rule entitled ``Reconsideration of Interpretation of Regulations that Determine Pollutants Covered by Clean Air Act Permitting Programs,'' Final Rule, 75 FR 17004 (April 2, 2010). --------------------------------------------------------------------------- In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 2011, the PSD and title V permitting requirements applied to some sources that were classified as major sources based solely on their GHG emissions or potential to emit GHGs. Step 2 also applied PSD permitting requirements to modifications of otherwise major sources that would increase only GHG [[Page 38608]] emissions above the level in the EPA regulations. EPA generally described the sources covered by PSD during Step 2 of the GHG Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.'' Subsequently, EPA published the GHG Step 3 Rule on July 12, 2012. See 77 FR 41051. In this rule, EPA decided against further phase-in of the PSD and title V requirements for sources emitting lower levels of GHG emissions. Thus, the thresholds for determining PSD applicability based on emissions of GHGs remained the same as established in Step 2 of the Tailoring Rule. The GHG PALs portion of the July 12, 2012 final rule revised EPA regulations under 40 CFR part 52 for establishing PALs for GHG emissions. A PAL establishes a site-specific plantwide emission level for a pollutant that allows the source to make changes at the facility without triggering the requirements of the PSD program, provided that emissions do not exceed the PAL level. Under EPA's interpretation of the federal PAL provisions, such PALs are already available under PSD for non-GHG pollutants and for GHGs on a mass basis. EPA revised the PAL regulations to allow for GHG PALs to be established on a carbon dioxide equivalent (CO2 e) \6\ basis as well. See 77 FR 41051 (July 12, 2012). EPA finalized these changes in an effort to streamline federal and SIP PSD permitting programs by allowing sources and permitting authorities to address GHGs using PALs in a manner similar to the use of PALs for non-GHG pollutants. --------------------------------------------------------------------------- \6\ CO2 equivalent (CO2 e) emissions refers to emissions of six recognized GHGs other than CO2 which are scaled to equivalent CO2 emissions by relative global warming potential values, then summed with CO2 to determine a total equivalent emissions value. See 40 CFR 51.166(48)(ii) and 52.21(49)(ii). --------------------------------------------------------------------------- On June 23, 2014, the U.S. Supreme Court addressed the application of stationary source permitting requirements to GHG emissions in Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). The Supreme Court upheld EPA's regulation of Step 1--or ``anyway'' sources--but held that EPA may not treat GHGs as air pollutants for the purposes of determining whether a source is a major source (or a modification thereof) and thus require the source to obtain a PSD or title V permit. Therefore, the Court invalidated PSD and title V permitting requirements for Step 2 sources. In accordance with the Supreme Court decision, on April 10, 2015, the D.C. Circuit issued an Amended Judgment vacating the regulations that implemented Step 2 of the GHG Tailoring Rule, but not the regulations that implement Step 1 of the GHG Tailoring Rule. Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 2015). With respect to Step 2 sources, the D.C. Circuit's Judgment vacated the EPA regulations under review (including 40 CFR 51.166(b)(48)(v) and 40 CFR 52.21(b)(49)(v)) ``to the extent they require a stationary source to obtain a PSD permit if greenhouse gases are the only pollutant (i) that the source emits or has the potential to emit above the applicable major source thresholds, or (ii) for which there is a significant emissions increase from a modification.'' Id. at 7-8. EPA promulgated a good cause final rule on August 19, 2015, entitled ``Prevention of Significant Deterioration and Title V Permitting for Greenhouse Gases: Removal of Certain Vacated Elements.'' See 80 FR 50199 (August 19, 2015) (hereinafter referred to as the Good Cause GHG Rule). The rule removed from the federal regulations the portions of the PSD permitting provisions for Step 2 sources that were vacated by the D.C. Circuit (i.e., 40 CFR 51.166(b)(48)(v) and 52.21(b)(49)(v)). EPA therefore no longer has the authority to conduct PSD permitting for Step 2 sources, nor can we approve provisions submitted by a state for inclusion in its SIP providing this authority. In addition, on October 3, 2016, EPA proposed to revise provisions in the PSD permitting regulations applicable to GHGs to fully conform with UARG and the Amended Judgment, but those revisions have not been finalized. See 81 FR 68110. Georgia's November 12, 2014 SIP revision adopts the GHG Step 3 Rule. EPA's analysis of the submittal is included in Section III of this rulemaking. III. Analysis of the State's Submittals A. Georgia's December 15, 2011 Submittal Georgia currently has a SIP-approved NNSR program at Rules 391-3- 1-.03(8)(c) and (g). The change to Rule 391-3-1-.03(8)(g) in the December 15, 2011 submittal removes an obsolete reference to clean units by deleting subparagraph (III) in Rule 391-3-1-.03(8)(g)(1)(iii) and by making minor grammatical edits to subparagraphs (I) and (II) to address the deletion of subparagraph (III). Georgia never adopted the Clean Unit provisions, and the language in subparagraph (III) expressly excludes incorporation of 40 CFR 51.165(a)(1)(vi)(C)(3) and (E)(5)-- related to increases and decreases at clean units--into the State's definition of ``Net Emissions Increase.'' Subparagraph (III) is now obsolete, because as discussed in Section II.A., above, clean unit provisions were removed from the federal NSR rules on June 13, 2007 (72 FR 32526). Therefore, EPA is approving this change to Georgia's SIP- approved NNSR rules. B. Georgia's July 25, 2014 Submittal Georgia's July 25, 2014 submittal makes an administrative edit to Georgia Rule 391-3-1-.03(8) for generally applicable permitting requirements. GA EPD deletes the text from paragraph (d) that required that Section 129A of the CAA, governing new source performance standards for solid waste combustion, must be met before permitting sources to be constructed or modified prior to July 1, 1979. The date for this requirement has passed, so the provision is obsolete. Georgia's non-SIP rules have other, more current provisions pursuant to CAA section 129. EPA has concluded that this revision will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act, and is approving this administrative change to the SIP. C. Georgia's November 12, 2014 Submittal Georgia currently has a SIP-approved PSD program at Rule 391-3- 1-.02(7), including the regulation of GHGs under Step 1 and Step 2 pursuant to the GHG Tailoring Rule. The November 12, 2014 submittal revises the PSD regulations by changing the incorporation by reference date of 40 CFR 52.21 at Rule 391-3-1-.02(7)(a)(1) from July 20, 2011, to December 9, 2013.\7\ The effect of changing this incorporation by reference date is to adopt two significant changes [[Page 38609]] to the PSD rules: (1) The adoption of GHG PAL provisions pursuant to the GHG Step 3 Rule; and (2) the incorporation of the correction to the PM2.5 condensables provision as promulgated in the PM2.5 Condensables Correction Rule. --------------------------------------------------------------------------- \7\ EPA has not acted on, and is not currently acting on, the portion of Georgia's September 15, 2008 SIP revision that seeks to incorporate into the SIP, through a revision to Georgia Rule 391-3- 1-.02(7)(a)(2)(iii) (state effective on September 11, 2008), the provisions amended in the Ethanol Rule (72 FR 24060) to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t). Therefore, today's action does not IBR those provisions into the SIP. Additionally, today's action does not incorporate into the SIP the provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely by the Fugitive Emissions Interim Rule, 76 FR 17548 (March 30, 2011). As discussed in an October 26, 2016 letter from GA EPD, these stayed provisions were not incorporated into Georgia's SIP through EPA's September 9, 2011 approval of the IBR update to Georgia Rule 391-3- 1-.02(7) in Georgia's January 13, 2011 SIP revision because these provisions were initially stayed on September 30, 2009 (74 FR 50115). GA EPD's October 26, 2016 letter is located in the docket for this action. --------------------------------------------------------------------------- Georgia's November 12, 2014 submittal incorporates these two federal PSD provisions as of December 9, 2013, which is prior to the UARG decision, the D.C. Circuit's Amended Judgment in Coalition for Responsible Regulation, and EPA's August 19, 2015 Good Cause GHG Rule. Therefore, Georgia's adoption by reference of 40 CFR 52.21 as of December 9, 2013, did not include the August 19, 2015 revisions to the Federal PSD program removing the PSD provisions vacated by the Amended Judgment. Prior to this action, the Georgia SIP contains the vacated GHG provisions (through the incorporation by reference of a previous version of 40 CFR 52.21) and so EPA's approval of the CFR incorporation by reference update to December 9, 2013, does not change the Georgia SIP with respect to the vacated provisions. However, the now-vacated portions of 40 CFR 52.21 incorporated into the Georgia SIP-approved PSD program are no longer enforceable. EPA believes that this portion of the Georgia SIP should be revised in light of the D.C. Circuit's Amended Judgment, but EPA also notes that these provisions may not be applied even prior to their removal from the Georgia SIP because the court decisions described above have determined these parts of EPA's regulations are unlawful. EPA therefore proposes to approve the update to the incorporation by reference of PSD regulations with the understanding that the GHG provisions that have been vacated by the court decisions may not be applied after those decisions. The November 12, 2014 SIP revision seeks to add to the Georgia SIP elements of the EPA's July 12, 2012 rule implementing Step 3 of the phase-in of PSD permitting requirements for GHGs described in the GHG Step 3 Rule. Specifically, the incorporation of the GHG Step 3 Rule provisions will allow GHG-emitting sources to obtain PALs for their GHG emissions on a CO2 e basis. As explained in Section II.B above, a PAL establishes a site-specific plantwide emission level for a pollutant, which allows the source to make changes to individual units at the facility without triggering the requirements of the PSD program, provided that facility-wide emissions do not exceed the PAL. The federal GHG PAL regulations include provisions that apply solely to GHG-only, or Step 2, sources. Some of these provisions may no longer be applicable in light of the Supreme Court's decision in UARG and the D.C. Circuit's Amended Judgment. Since the Supreme Court has determined that sources and modifications may not be defined as ``major'' solely on the basis of GHGs emitted or increased, PALs for GHGs may no longer have value in some situations where a source might have triggered PSD based on GHG emissions alone. EPA has proposed action in an October 3, 2016 proposed rule to clarify the GHG PAL rules. See 81 FR 68110. However, PALs for GHGs may still have a role to play in determining whether a source that is already subject to PSD for a pollutant other than GHGs should also be subject to PSD for GHGs. Moreover, the existing GHG PALs regulations do not add new requirements for sources or modifications that only emit or increase greenhouse gases above the major source threshold or the 75,000 ton per year GHG level in 40 CFR 52.21(b)(49)(iv). Rather, the PALs provisions provide increased flexibility to sources that wish to address their GHG emissions in a PAL. Since this flexibility may still be valuable to sources in at least one context described above, the Agency believes that it is appropriate to approve these provisions into the Georgia SIP at this time. EPA has concluded that approving this change into the SIP will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA. EPA discussed the effects of PALs in the Supplemental Environmental Analysis of the Impact of the 2002 Final NSR Improvement Rules (November 21, 2002) (Supplemental Analysis). The Supplemental Analysis explained, ``[t]he EPA expects that the adoption of PAL provisions will result in a net environmental benefit. Our experience to date is that the emissions caps found in PAL-type permits result in real emissions reductions, as well as other benefits.'' Supplemental Analysis at 6; see also 76 FR 49313, 49315 (August 10, 2011). EPA is therefore approving the PALs provisions into the Georgia SIP, as incorporated by reference. By changing the incorporation by reference date for Rule 391-3- 1-.02(7) in the November 12, 2014 SIP revision, Georgia also adopts changes made by EPA in the PM2.5 Condensables Correction Rule. See 77 FR 65107 (October 25, 2012). As explained in Section II.A, the federal rule corrected an inadvertent error in the definition of ``regulated NSR pollutant'' at 40 CFR 52.21(b)(50).\8\ EPA has concluded that this change will not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the CAA, and is approving this revision to the Georgia SIP. --------------------------------------------------------------------------- \8\ As discussed in section I of this action, Georgia's December 15, 2011 and November 12, 2014 submittals included further revisions to Rule 391-3-1.02(7)(a)(2)(ix), but those revisions were withdrawn in a December 1, 2016 letter. --------------------------------------------------------------------------- IV. 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-.02(7)--``Prevention of Significant Deterioration'' at subparagraph (a)(1), effective October 14, 2014,\9\ which revises PSD rules, and Rule 391-3-1-.03(8)--``Permit Requirements'' at paragraph (g), effective September 13, 2011,\10\ which revises NNSR rules, and at paragraph (d), effective August 1, 2013, which revises generally applicable permitting requirements. 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.\11\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \9\ See footnote 8, above, for additional detail. \10\ As discussed in section I of this action, EPA is not incorporating by reference the changes to Rule 391-3- 1-.03(8)(g)(1)(iii), (g)(2)(i), (g)(5)(i), and (g)(6)(i) that reference subparagraph 8(c)16.(ii). \11\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Final Action EPA is approving the aforementioned changes to the SIP because they are consistent with the CFR and the CAA. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision [[Page 38610]] should adverse comments be filed. This rule will be effective October 16, 2017 without further notice unless the Agency receives adverse comments by September 14, 2017. If EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All adverse comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on October 16, 2017 and no further action will be taken on the proposed rule. Please note that if we receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. VI. 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. 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 October 16, 2017. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, Volatile organic compounds. Dated: July 19, 2017. 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 52.570(c) is amended by revising the entries for ``391-3- 1-.02(7)'' and ``391-3-1-.03'' to read as follows: Sec. 52.570 Identification of plan. * * * * * (c) * * * [[Page 38611]] EPA Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 391-3-1-.02(7)................. Prevention of 10/14/2014 8/15/2017, [Insert EPA is not Significant citation of incorporating the Deterioration of publication]. revision to Georgia Air Quality (PSD). Rule 391-3-1- .02(7)(a)(2)(iv) included in Georgia's November 12, 2014 SIP submittal because that provision is not in the SIP. As discussed in EPA's action published March 4, 2016 to update to Georgia's SIP. The version of Georgia Rule 391-3-1-.02(7) in the SIP does not incorporate by reference: (1) The provisions amended May 1, 2007 to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely (March 30, 2011). * * * * * * * 391-3-1-.03.................... Permits........... 8/1/2013 8/15/2017, [Insert Changes specifically to citation of (8)--Permit publication]. Requirements at (d) (state effective August 1, 2013) and (g) (state effective September 13, 2011). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-16490 Filed 8-14-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38605
• Is not a significant regulatory action Representatives, and the Comptroller (1) 2014 Reasonably Available Control
subject to review by the Office of General of the United States prior to Technology State Implementation Plan
Management and Budget under publication of the rule in the Federal Analysis, as adopted on April 10, 2014.
Executive Orders 12866 (58 FR 51735, Register. A major rule cannot take effect * * * * *
October 4, 1993) and 13563 (76 FR 3821, until 60 days after it is published in the ■ 3. Section 52.222 is amended by
January 21, 2011); Federal Register. This action is not a adding paragraph (a)(4)(iv) to read as
• does not impose an information ‘‘major rule’’ as defined by 5 U.S.C. follows:
collection burden under the provisions 804(2).
of the Paperwork Reduction Act (44 Under section 307(b)(1) of the Clean § 52.222 Negative declarations.
U.S.C. 3501 et seq.); Air Act, petitions for judicial review of (a) * * *
• is certified as not having a this action must be filed in the United (4) * * *
significant economic impact on a States Court of Appeals for the (iv) Polyester Resin was submitted on
substantial number of small entities appropriate circuit by October 16, 2017. July 18, 2014 and adopted on April 10,
under the Regulatory Flexibility Act (5 Filing a petition for reconsideration by 2014.
U.S.C. 601 et seq.); the Administrator of this final rule does * * * * *
• does not contain any unfunded not affect the finality of this action for
mandate or significantly or uniquely [FR Doc. 2017–16823 Filed 8–14–17; 8:45 am]
the purposes of judicial review nor does
affect small governments, as described it extend the time within which a BILLING CODE 6560–50–P
in the Unfunded Mandates Reform Act petition for judicial review may be filed,
of 1995 (Pub. L. 104–4); and shall not postpone the effectiveness
• does not have Federalism of such rule or action. This action may
ENVIRONMENTAL PROTECTION
implications as specified in Executive AGENCY
not be challenged later in proceedings to
Order 13132 (64 FR 43255, August 10, enforce its requirements (see section
1999); 40 CFR Part 52
307(b)(2)).
• is not an economically significant [EPA–R04–OAR–2017–0078; FRL–9965–60–
regulatory action based on health or List of Subjects in 40 CFR Part 52 Region 4]
safety risks subject to Executive Order Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); pollution control, Incorporation by Air Plan Approval; Georgia: New
• is not a significant regulatory action reference, Intergovernmental relations, Source Review and Permitting Updates
subject to Executive Order 13211 (66 FR Nitrogen dioxide, Ozone, Reporting and AGENCY: Environmental Protection
28355, May 22, 2001); recordkeeping requirements, Volatile Agency.
• is not subject to requirements of organic compounds.
Section 12(d) of the National ACTION: Direct final rule.
Dated: July 31, 2017.
Technology Transfer and Advancement SUMMARY: The Environmental Protection
Act of 1995 (15 U.S.C. 272 note) because Alexis Strauss,
Acting Regional Administrator, Region IX. Agency (EPA) is taking direct final
application of those requirements would action to approve changes to the Georgia
be inconsistent with the Clean Air Act; Part 52, Chapter I, Title 40 of the Code State Implementation Plan (SIP) to
and of Federal Regulations is amended as revise new source review (NSR) and
• does not provide the EPA with the follows: miscellaneous permitting regulations.
discretionary authority to address, as
EPA is approving portions of SIP
appropriate, disproportionate human PART 52—APPROVAL AND
revisions submitted by the State of
health or environmental effects, using PROMULGATION OF
Georgia, through the Georgia
practicable and legally permissible IMPLEMENTATION PLANS
Department of Natural Resources’
methods, under Executive Order 12898
■ 1. The authority citation for part 52 Environmental Protection Division (GA
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved continues to read as follows: EPD), on December 15, 2011, July 25,
to apply on any Indian reservation land 2014, and November 12, 2014. This
Authority: 42 U.S.C. 7401 et seq.
or in any other area where the EPA or action is being taken pursuant to the
an Indian tribe has demonstrated that a Subpart F—California Clean Air Act (CAA or Act).
tribe has jurisdiction. In those areas of DATES: This direct final rule is effective
Indian country, the rule does not have ■ 2. Section 52.220 is amended by October 16, 2017 without further notice,
tribal implications and will not impose adding paragraphs (c)(382)(ii)(D) and unless EPA receives adverse comment
substantial direct costs on tribal (c)(449)(ii)(B) to read as follows: by September 14, 2017. If EPA receives
governments or preempt tribal law as § 52.220 Identification of plan—in part.
such comments, it will publish a timely
specified by Executive Order 13175 (65 withdrawal of the direct final rule in the
* * * * * Federal Register and inform the public
FR 67249, November 9, 2000). (c) * * *
The Congressional Review Act, 5 that the rule will not take effect.
(382) * * *
U.S.C. 801 et seq., as added by the Small (ii) * * * ADDRESSES: Submit your comments,
Business Regulatory Enforcement (D) Placer County Air Pollution identified by Docket ID No. EPA–R04–
Fairness Act of 1996, generally provides Control District. OAR–2017–0078 at http://
that before a rule may take effect, the (1) 2006 Reasonably Available Control www.regulations.gov. Follow the online
agency promulgating the rule must Technology State Implementation Plan instructions for submitting comments.
jstallworth on DSKBBY8HB2PROD with RULES
submit a rule report, which includes a Update Analysis, as adopted on August Once submitted, comments cannot be
copy of the rule, to each House of the 10, 2006. edited or removed from Regulations.gov.
Congress and to the Comptroller General * * * * * EPA may publish any comment received
of the United States. The EPA will (449) * * * to its public docket. Do not submit
submit a report containing this action (ii) * * * electronically any information you
and other required information to the (B) Placer County Air Pollution consider to be Confidential Business
U.S. Senate, the U.S. House of Control District. Information (CBI) or other information
VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\15AUR1.SGM 15AUR1](https://thefederalregister.org/doc/82_FR_38761/page/1.svg)
![38606 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations
whose disclosure is restricted by statute. Emissions Increase’’ to remove an and GHG Plantwide Applicability
Multimedia submissions (audio, video, obsolete reference by deleting Limits.’’ See 77 FR 41051 (July 12, 2012)
etc.) must be accompanied by a written subparagraph (III) in Rule 391–3–1– (hereinafter referred to as the GHG Step
comment. The written comment is .03(8)(g)(1)(iii) and by making minor 3 Rule). The PM2.5 Condensables
considered the official comment and grammatical edits to subparagraphs (I) Correction Rule and the GHG Step 3
should include discussion of all points and (II) to address the deletion of Rule are discussed in Section 2, below.
you wish to make. EPA will generally subparagraph (III). Georgia’s July 25, At this time, EPA is not acting on the
not consider comments or comment 2014 SIP revision removes an obsolete
changes included in the December 15,
contents located outside of the primary provision at Rule 391–3–1–.03(8)(d),
2011, submittal made to Rule 391–3–1–
submission (i.e., on the web, cloud, or which applied to permits issued prior to
.01—‘‘Definitions,’’ at paragraph (cccc);
other file sharing system). For July 1, 1979. The revision replaces the
Rule 391–3–1–.03 at paragraph (11)—
additional submission methods, the full text in paragraph (8)(d) with the text
‘‘Permit by Rule;’’ and to the NNSR
EPA public comment policy, ‘‘[reserved]’’.
Georgia’s November 12, 2014 SIP program at Rule 391–3–1–.03(8)(c), (e),
information about CBI or multimedia and certain portions of (g), that adopted
submissions, and general guidance on revision makes changes to the PSD
regulations to reflect changes to the provisions related to PM2.5, and
making effective comments, please visit modified certain provisions related to
http://www2.epa.gov/dockets/ federal PSD regulations at 40 CFR 52.21,
including provisions promulgated in the ozone.2 The revision made to Rule 391–
commenting-epa-dockets. 3–1–.02, ‘‘Provisions,’’ at paragraph
FOR FURTHER INFORMATION CONTACT: D.
following federal rules:
‘‘Implementation of the New Source (2)(uuu)—‘‘SO2 Emissions from Electric
Brad Akers, Air Regulatory Management Utility Steam Generating Units,’’ was
Section, Air Planning and Review (NSR) Program for Particulate
Matter Less Than 2.5 Micrometers withdrawn from the December 15, 2011,
Implementation Branch, Air, Pesticides submittal and EPA consideration on
(PM2.5): 1 Amendment to the Definition
and Toxics Management Division, U.S. December 9, 2014. The changes made to
of ‘Regulated NSR Pollutant’ Concerning
Environmental Protection Agency, Rule 391–3–1–.02(4)—‘‘Ambient Air
Condensable Particulate Matter,’’ Final
Region 4, 61 Forsyth Street SW., Standards,’’ included in the December
Rule, 77 FR 65107 (October 25, 2012)
Atlanta, Georgia 30303–8960. Mr. Akers 15, 2011, submittal, were approved in a
(hereinafter referred to as the PM2.5
can be reached via telephone at (404) May 16, 2013, final rule (78 FR 28744).
Condensables Correction Rule).
562–9089 or via electronic mail at EPA also approved changes made to
Georgia’s November 12, 2014 SIP
akers.brad@epa.gov. Rule 391–3–1–.01—‘‘Definitions,’’ at
revision also makes changes to Georgia’s
SUPPLEMENTARY INFORMATION: PSD program to incorporate plantwide paragraph (nnnn), as included in the
applicability limits (PALs) for December 15, 2011, submittal, in a July
I. What action is the Agency taking?
greenhouse gases (GHGs) as allowed in 31, 2015 direct final rule. See 80 FR
On December 15, 2011, July 25, 2014, the federal rule entitled ‘‘Prevention of 45609.
and November 12, 2014, GA EPD Significant Deterioration and Title V EPA is not acting on the following
submitted SIP revisions to EPA for Greenhouse Gas Tailoring Rule Step 3 changes included in the July 25, 2014
approval that involve changes to
submittal: Rule 391–3–1–.02(2)(a)—
Georgia’s regulations to make them 1 Airborne particulate matter (PM) with a nominal
‘‘General Provisions;’’ Rule 391–3–1–
consistent with federal requirements for aerodynamic diameter of 2.5 micrometers or less (a
.02(2)(e)—‘‘Particulate Emissions from
NSR permitting, among other changes. micrometer is one-millionth of a meter, and 2.5
micrometers is less than one-seventh the average Manufacturing Processes;’’ Rule 391–3–
In this action, EPA is approving the width of a human hair) are considered to be ‘‘fine 1–.02(l)—‘‘Conical Burners;’’ Rule 391–
portions of these Georgia submissions particles’’ and are also known as PM2.5. Fine 3–1–.02(o)—‘‘Cupola Furnaces for
that make changes to the following GA particles in the atmosphere are made up of a
complex mixture of components including sulfate; Metallurgical Melting;’’ Rule 391–3–1–
EPD regulations: Rule 391–3–1–.02(7)—
nitrate; ammonium; elemental carbon; a great .02(p)—‘‘Particulate Emissions from
‘‘Prevention of Significant Deterioration variety of organic compounds; and inorganic Kaolin and Fuller’s Earth Processes;’’
of Air Quality (PSD),’’ which applies to material (including metals, dust, sea salt, and other
Rule 391–3–1–.02(q)—‘‘Particulate
the construction and modification of trace elements) generally referred to as ‘‘crustal’’
material, although it may contain material from Emissions from Cotton Gins;’’ Rule 391–
any major stationary source in areas other sources. The health effects associated with 3–1–.02(gg)—‘‘Kraft Pulp Mills;’’ Rule
designated as attainment or exposure to PM2.5 include potential aggravation of 391–3–1–.02(4)—‘‘Ambient Air
unclassifiable as required by part C of respiratory and cardiovascular disease (i.e., lung
disease, decreased lung function, asthma attacks Standards;’’ or Rule 391–3–1–.02(6)(a)—
title I of the CAA; and Rule 391–3–1–
and certain cardiovascular issues). On July 18, ‘‘Specific Monitoring and Reporting
.03(8)—‘‘Permit Requirements,’’ which 1997, EPA revised the NAAQS for PM to add new Requirements for Particular Sources.’’
applies generally to the permitting standards for fine particles, using PM2.5 as the EPA approved changes to Rule 391–3–
program, including permitting indicator. Previously, EPA used PM10 (inhalable
particles smaller than or equal to 10 micrometers 1–.01—‘‘Definitions,’’ at paragraph (llll),
requirements that apply to the
in diameter) as the indicator for the PM NAAQS. as modified in the July 25, 2014
construction and modification of any EPA established health-based (primary) annual and submittal, on October 5, 2016 (81 FR
major stationary sources in 24-hour standards for PM2.5, setting an annual
69019). EPA also approved changes
nonattainment areas (NAAs) as required standard at a level of 15.0 micrograms per cubic
meter (mg/m3) and a 24-hour standard at a level of made to Rule 391–3–1–.01—
by part D of title I of the CAA, referred
65 mg/m3(62 FR 38652). At the time the 1997 ‘‘Definitions,’’ at (nnnn) in a January 5,
to as nonattainment new source review primary standards were established, EPA also 2017 direct final rule. See 82 FR 1206.
(NNSR). Georgia’s PSD regulations at established welfare-based (secondary) standards
Rule 391–3–1–.02(7) were last updated identical to the primary standards. The secondary
jstallworth on DSKBBY8HB2PROD with RULES
2 There are currently no areas in Georgia
in the SIP on April 9, 2013. See 78 FR standards are designed to protect against major
environmental effects of PM2.5, such as visibility designated as nonattainment for any PM2.5 or ozone
21065. Georgia’s NNSR regulations at impairment, soiling, and materials damage. On NAAQS. Regarding Rule 391–3–1–.03(8)(g), EPA is
Rule 391–3–1–.03(8) were last updated October 17, 2006, EPA revised the primary and not acting on the changes to (g)(1)(iii), (g)(2)(i),
in the SIP on November 22, 2010 (75 FR secondary 24-hour NAAQS for PM2.5 to 35 mg/m3 (g)(5)(i), and (g)(6)(i) that reference subparagraph
and retained the existing annual PM2.5 NAAQS of 8(c)16.(ii). As discussed in Section III.A., below,
71020). 15.0 mg/m3(71 FR 61236). On January 15, 2013, EPA EPA is only acting on the changes to Rule 391–3–
Georgia’s December 15, 2011 SIP published a final rule revising the annual PM2.5 1–.03(8)(g) in the December 15, 2011 submittal that
revision modifies the definition of ‘‘Net NAAQS to 12 mg/m3(78 FR 3086). remove an obsolete reference to clean units.
VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\15AUR1.SGM 15AUR1](https://thefederalregister.org/doc/82_FR_38761/page/2.svg)
![Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38609
to the PSD rules: (1) The adoption of GHG-only, or Step 2, sources. Some of ‘‘regulated NSR pollutant’’ at 40 CFR
GHG PAL provisions pursuant to the these provisions may no longer be 52.21(b)(50).8 EPA has concluded that
GHG Step 3 Rule; and (2) the applicable in light of the Supreme this change will not interfere with any
incorporation of the correction to the Court’s decision in UARG and the D.C. applicable requirement concerning
PM2.5 condensables provision as Circuit’s Amended Judgment. Since the attainment and reasonable further
promulgated in the PM2.5 Condensables Supreme Court has determined that progress (as defined in section 171), or
Correction Rule. sources and modifications may not be any other applicable requirement of the
Georgia’s November 12, 2014 defined as ‘‘major’’ solely on the basis CAA, and is approving this revision to
submittal incorporates these two federal of GHGs emitted or increased, PALs for the Georgia SIP.
PSD provisions as of December 9, 2013, GHGs may no longer have value in some
which is prior to the UARG decision, IV. Incorporation by Reference
situations where a source might have
the D.C. Circuit’s Amended Judgment in triggered PSD based on GHG emissions In this rule, EPA is finalizing
Coalition for Responsible Regulation, alone. EPA has proposed action in an regulatory text that includes
and EPA’s August 19, 2015 Good Cause October 3, 2016 proposed rule to clarify incorporation by reference. In
GHG Rule. Therefore, Georgia’s the GHG PAL rules. See 81 FR 68110. accordance with requirements of 1 CFR
adoption by reference of 40 CFR 52.21 However, PALs for GHGs may still have 51.5, EPA is finalizing the incorporation
as of December 9, 2013, did not include a role to play in determining whether a by reference of Georgia Rule 391–3–1–
the August 19, 2015 revisions to the source that is already subject to PSD for .02(7)—‘‘Prevention of Significant
Federal PSD program removing the PSD a pollutant other than GHGs should also Deterioration’’ at subparagraph (a)(1),
provisions vacated by the Amended be subject to PSD for GHGs. effective October 14, 2014,9 which
Judgment. Prior to this action, the Moreover, the existing GHG PALs revises PSD rules, and Rule 391–3–1–
Georgia SIP contains the vacated GHG regulations do not add new .03(8)—‘‘Permit Requirements’’ at
provisions (through the incorporation requirements for sources or paragraph (g), effective September 13,
by reference of a previous version of 40 modifications that only emit or increase 2011,10 which revises NNSR rules, and
CFR 52.21) and so EPA’s approval of the greenhouse gases above the major at paragraph (d), effective August 1,
CFR incorporation by reference update source threshold or the 75,000 ton per 2013, which revises generally applicable
to December 9, 2013, does not change year GHG level in 40 CFR permitting requirements. Therefore,
the Georgia SIP with respect to the 52.21(b)(49)(iv). Rather, the PALs these materials have been approved by
vacated provisions. However, the now- provisions provide increased flexibility EPA for inclusion in the SIP, have been
vacated portions of 40 CFR 52.21 to sources that wish to address their incorporated by reference by EPA into
incorporated into the Georgia SIP- GHG emissions in a PAL. Since this that plan, are fully federally enforceable
approved PSD program are no longer flexibility may still be valuable to under sections 110 and 113 of the CAA
enforceable. EPA believes that this sources in at least one context described as of the effective date of the final
portion of the Georgia SIP should be above, the Agency believes that it is rulemaking of EPA’s approval, and will
revised in light of the D.C. Circuit’s appropriate to approve these provisions be incorporated by reference by the
Amended Judgment, but EPA also notes into the Georgia SIP at this time. EPA Director of the Federal Register in the
that these provisions may not be applied has concluded that approving this next update to the SIP compilation.11
even prior to their removal from the change into the SIP will not interfere EPA has made, and will continue to
Georgia SIP because the court decisions with any applicable requirement make, these materials generally
described above have determined these concerning attainment and reasonable available through www.regulations.gov
parts of EPA’s regulations are unlawful. further progress (as defined in section and/or at the EPA Region 4 Office
EPA therefore proposes to approve the 171), or any other applicable (please contact the person identified in
update to the incorporation by reference requirement of the CAA. EPA discussed the FOR FURTHER INFORMATION CONTACT
of PSD regulations with the the effects of PALs in the Supplemental section of this preamble for more
understanding that the GHG provisions Environmental Analysis of the Impact of information).
that have been vacated by the court the 2002 Final NSR Improvement Rules V. Final Action
decisions may not be applied after those (November 21, 2002) (Supplemental
decisions. Analysis). The Supplemental Analysis EPA is approving the aforementioned
The November 12, 2014 SIP revision explained, ‘‘[t]he EPA expects that the changes to the SIP because they are
seeks to add to the Georgia SIP elements adoption of PAL provisions will result consistent with the CFR and the CAA.
of the EPA’s July 12, 2012 rule in a net environmental benefit. Our EPA is publishing this rule without
implementing Step 3 of the phase-in of experience to date is that the emissions prior proposal because the Agency
PSD permitting requirements for GHGs caps found in PAL-type permits result views this as a noncontroversial
described in the GHG Step 3 Rule. in real emissions reductions, as well as submittal and anticipates no adverse
Specifically, the incorporation of the other benefits.’’ Supplemental Analysis comments. However, in the proposed
GHG Step 3 Rule provisions will allow at 6; see also 76 FR 49313, 49315 rules section of this Federal Register
GHG-emitting sources to obtain PALs (August 10, 2011). EPA is therefore publication, EPA is publishing a
for their GHG emissions on a CO2e approving the PALs provisions into the separate document that will serve as the
basis. As explained in Section II.B Georgia SIP, as incorporated by proposal to approve the SIP revision
above, a PAL establishes a site-specific reference.
8 As discussed in section I of this action, Georgia’s
plantwide emission level for a pollutant, By changing the incorporation by
December 15, 2011 and November 12, 2014
which allows the source to make reference date for Rule 391–3–1–.02(7) submittals included further revisions to Rule 391–
jstallworth on DSKBBY8HB2PROD with RULES
changes to individual units at the in the November 12, 2014 SIP revision, 3–1.02(7)(a)(2)(ix), but those revisions were
facility without triggering the Georgia also adopts changes made by withdrawn in a December 1, 2016 letter.
9 See footnote 8, above, for additional detail.
requirements of the PSD program, EPA in the PM2.5 Condensables
10 As discussed in section I of this action, EPA is
provided that facility-wide emissions do Correction Rule. See 77 FR 65107
not incorporating by reference the changes to Rule
not exceed the PAL. (October 25, 2012). As explained in 391–3–1–.03(8)(g)(1)(iii), (g)(2)(i), (g)(5)(i), and
The federal GHG PAL regulations Section II.A, the federal rule corrected (g)(6)(i) that reference subparagraph 8(c)16.(ii).
include provisions that apply solely to an inadvertent error in the definition of 11 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014 14:06 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\15AUR1.SGM 15AUR1](https://thefederalregister.org/doc/82_FR_38761/page/5.svg)
![Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Rules and Regulations 38611
EPA APPROVED GEORGIA REGULATIONS
State
State citation Title/subject EPA approval date Explanation
effective date
* * * * * * *
391–3–1–.02(7) .............. Prevention of Signifi- 10/14/2014 8/15/2017, [Insert cita- EPA is not incorporating the revision to Georgia
cant Deterioration of tion of publication]. Rule 391–3–1–.02(7)(a)(2)(iv) included in
Air Quality (PSD). Georgia’s November 12, 2014 SIP submittal
because that provision is not in the SIP. As
discussed in EPA’s action published March 4,
2016 to update to Georgia’s SIP.
The version of Georgia Rule 391–3–1–.02(7) in
the SIP does not incorporate by reference:
(1) The provisions amended May 1, 2007 to
exclude facilities that produce ethanol
through a natural fermentation process from
the definition of ‘‘chemical process plants’’ in
the major NSR source permitting program
found at 40 CFR 52.21(b)(1)(i)(a) and
(b)(1)(iii)(t), or (2) the provisions at 40 CFR
52.21(b)(2)(v) and (b)(3)(iii)(c) that were
stayed indefinitely (March 30, 2011).
* * * * * * *
391–3–1–.03 .................. Permits ......................... 8/1/2013 8/15/2017, [Insert cita- Changes specifically to (8)—Permit Require-
tion of publication]. ments at (d) (state effective August 1, 2013)
and (g) (state effective September 13, 2011).
* * * * * * *
* * * * * SUPPLEMENTARY INFORMATION: NMFS requirement to provide prior notice and
[FR Doc. 2017–16490 Filed 8–14–17; 8:45 am] manages the groundfish fishery in the opportunity for public comment
BILLING CODE 6560–50–P GOA exclusive economic zone pursuant to the authority set forth at 5
according to the Fishery Management U.S.C. 553(b)(B) as such requirement is
Plan for Groundfish of the Gulf of impracticable and contrary to the public
DEPARTMENT OF COMMERCE Alaska (FMP) prepared by the North interest. This requirement is
Pacific Fishery Management Council impracticable and contrary to the public
National Oceanic and Atmospheric under authority of the Magnuson- interest as it would prevent NMFS from
Administration Stevens Fishery Conservation and responding to the most recent fisheries
Management Act. Regulations governing data in a timely fashion and would
50 CFR Part 679 fishing by U.S. vessels in accordance delay prohibiting the retention of
with the FMP appear at subpart H of 50 sablefish by vessels using trawl gear in
[Docket No. 160920866–7167–02]
CFR part 600 and 50 CFR part 679.
the West Yakutat District of the GOA.
RIN 0648–XF573 The 2017 total allowable catch (TAC)
NMFS was unable to publish a notice
of sablefish allocated to vessels using
Fisheries of the Exclusive Economic providing time for public comment
trawl gear in the West Yakutat District
Zone Off Alaska; Sablefish in the West of the GOA is 211 metric tons (mt) as because the most recent, relevant data
Yakutat District of the Gulf of Alaska established by the final 2017 and 2018 only became available as of August 8,
harvest specifications for groundfish of 2017.
AGENCY: National Marine Fisheries
the GOA (82 FR 12032, February 27, The AA also finds good cause to
Service (NMFS), National Oceanic and
2017). waive the 30-day delay in the effective
Atmospheric Administration (NOAA),
In accordance with § 679.20(d)(2), the date of this action under 5 U.S.C.
Commerce.
Administrator, Alaska Region, NMFS 553(d)(3). This finding is based upon
ACTION: Temporary rule; closure. (Regional Administrator), has the reasons provided above for waiver of
SUMMARY: NMFS is prohibiting retention determined that the 2017 TAC of prior notice and opportunity for public
of sablefish by vessels using trawl gear sablefish allocated to vessels using trawl comment.
in the West Yakutat District of the Gulf gear in the West Yakutat District of the
GOA will be reached. Therefore, NMFS This action is required by § 679.20
of Alaska (GOA). This action is and § 679.21 and is exempt from review
necessary because the 2017 total is requiring that sablefish caught by
vessels using trawl gear in the West under Executive Order 12866.
allowable catch of sablefish allocated to
vessels using trawl gear in the West Yakutat District of the GOA be treated Authority: 16 U.S.C. 1801 et seq.
Yakutat District of the GOA will be as prohibited species in accordance
Dated: August 9, 2017.
reached. with § 679.21(b).
jstallworth on DSKBBY8HB2PROD with RULES
Emily H. Menashes,
DATES: Effective 1200 hours, Alaska Classification Acting Director, Office of Sustainable
local time (A.l.t.), August 9, 2017, This action responds to the best Fisheries, National Marine Fisheries Service.
through 2400 hours, A.l.t., December 31, available information recently obtained [FR Doc. 2017–17137 Filed 8–9–17; 4:15 pm]
2017. from the fishery. The Acting Assistant BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT: Administrator for Fisheries, NOAA
Steve Whitney, 907–586–7228. (AA), finds good cause to waive the
VerDate Sep<11>2014 16:04 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\15AUR1.SGM 15AUR1](https://thefederalregister.org/doc/82_FR_38761/page/7.svg)
Document Created: 2017-08-15 01:12:41
Document Modified: 2017-08-15 01:12:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective October 16, 2017 without further notice, unless EPA receives adverse comment by September 14, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | D. Brad Akers, 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. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 38605 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR