82 FR 38651 - Air Plan Approval; Michigan Minor New Source Review
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 156 (August 15, 2017)
Federal Register Volume 82, Issue 156 (August 15, 2017)
| Page Range | 38651-38654 | |
| FR Document | 2017-17230 |
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)] [Proposed Rules] [Pages 38651-38654] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-17230] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2007-1092; FRL-9966-14-Region 5] Air Plan Approval; Michigan Minor New Source Review AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve certain changes to the Michigan State Implementation Plan (SIP). This action relates to changes to the Permit to Install (PTI) requirements of the Michigan Rules submitted on November 12, 1993; May 16, 1996; April 3, 1998; September 2, 2003; March 24, 2009; and February 28, 2017. DATES: Comments must be received on or before September 14, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05- OAR-2007-1092 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For 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: Rachel Rineheart, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, [[Page 38652]] Chicago, Illinois 60604, (312) 886-7017, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. This supplementary information section is arranged as follows: I. Background II. Review of State Submittals III. What action is EPA taking? IV. Incorporation by Reference V. Statutory and Executive Order Reviews I. Background Section 110(a)(2)(C) of the Clean Air Act (CAA) requires that the SIP include a program to provide for the ``regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved.'' This includes a program for permitting construction and modification of both major sources and minor sources that the State deems necessary to protect air quality. The State of Michigan's minor source PTI rules are contained in Part 2 of the Michigan Administrative Code. EPA last approved changes to the Part 2 rules in 1982. The Michigan Department of Environmental Quality (MDEQ) has submitted several Part 2 revision packages since that time; however, EPA has not taken a final action on any of the submittals. The following table provides a summary of the various state submittals with the most recent version of each section of the Michigan Rule highlighted in bold. ------------------------------------------------------------------------ State Submittal effective Submittal Rules submitted date date 336.1xxx ------------------------------------------------------------------------ 1..................... 04/20/1989 11/12/1993 240, 241. 04/17/1992 ........... 201, 283. 11/18/1993 ........... 278, 279, 280, 281, 282, 284, 285, 286, 287, 288, 289, 290. 2..................... 07/26/1995 05/16/1996 201, 205, 208 (rescinded), 209, 219, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290. 3..................... 12/12/1996 04/03/1998 201a, 205. 4..................... 06/13/1997 08/20/1998 278, 283, 284, 285, 286, 287, 290. 5..................... 07/01/2003 09/02/2003 201, 201a, 202, 203, 204, 205, 206, 207, 212, 216, 219, 240, 241, 278, 278a, 279 (rescinded), 281, 282, 284, 285, 287, 289, 299. 6..................... 06/20/2008 03/24/2009 201, 202, 205, 207, 219, 240, 241, 278, 281, 284, 285, 288, 299. 7..................... 12/20/2016 2/21/2017 278a, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290. ------------------------------------------------------------------------ EPA published a proposed disapproval of the 1993, 1996, and 1998 submittals on November 9, 1999; however, EPA never published a final disapproval. The changes included in the 2003, 2009, and 2017 submittals were primarily intended to address disapproval issues identified by EPA in 1999. At the time of the 1999 proposed disapproval, the Part 2 Rules also included the state's major non- attainment PTI program. The major non-attainment provisions have been removed from Part 2, and are now covered by the Part 19 rules which were approved on December 16, 2013. II. Review of State Submittals Section 110(a)(2)(C) of the CAA requires that each SIP include a program to provide for the regulation of construction and modification of stationary sources as necessary to assure that the National Ambient Air Quality Standards (NAAQS) are achieved. Specific elements for an approvable construction permitting plan are found in the implementing regulations at 40 CFR 51 subpart I--Review of New Sources and Modifications. Requirements relevant to minor construction programs are 40 CFR 51.160-51.163. EPA regulations have few specific criteria for state minor new source review (NSR) programs. Generally, state programs must set forth legally enforceable procedures that allow the state to determine if a planned construction activity would result in a violation of the state's SIP or a national standard and prevent any activity that would. In accordance with 40 CFR 51.162, the state plan must identify the responsible agency for making permitting decisions. 40 CFR 51.160 requires that the plan identify the types and sizes of activities that are subject to the plan, provide that sources undertaking an activity submit adequate information regarding the location, design and emissions related information to enable the state to make a determination, and discuss the air quality data and dispersion or other air quality modeling used. 40 CFR 51.161 provides specific criteria for public availability of information and opportunity for public comment. Finally, 40 CFR 51.164 requires that the plan identify the administrative procedures that will be followed in making permitting decisions. The revisions to Part 2 submitted by MDEQ are largely provisions that strengthen the already approved minor NSR program adding greater detail with respect to applicability, required application material, and processing of applications; however, the revisions do include changes to waiver provisions and the addition of several categories of exemptions from the requirement to obtain a PTI. The revisions also include changes the public notice requirements, Michigan R 336.1205. EPA is not acting on Michigan R 336.1205 at this time, and it will be addressed in a subsequent rulemaking action. The expansion of exemptions would be viewed as a potential relaxation of the already approved plan; therefore, Michigan was required to provide information as required by section 110(l) of the CAA to demonstrate that the revision would not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. The 2003 and 2017 submittals provide analyses of the emissions associated with each new exemption and the impact they would have on air quality. EPA's review of the waiver and exemption provisions are discussed in greater detail below. Michigan R 336.1202 provides a waiver from the requirement to obtain a permit prior to commencing construction under limited circumstances. The Prevention of Significant Deterioration (PSD) provisions of the CAA prohibit commencement of construction without first obtaining the required permit authorizing construction; however, the requirement only applies to major sources, and no such restriction is specified under the minor NSR program requirements set forth in 40 CFR 51.160. In addition, EPA has made determinations which further support that limited construction may begin before a permit is issued for minor sources. For example, EPA's October 10, [[Page 38653]] 1978, memorandum from Edward E. Reich to Thomas W. Devine in Region 1 discusses limited preconstruction activities allowed at a site with both PSD and non-PSD sources. This memo states that construction may begin on PSD-exempt projects before the permit is issued. Furthermore, EPA approved a rule for Idaho's permit program and Wisconsin's permit program which allowed construction to commence under limited circumstance prior to a permit being issued. (See 68 FR 2217 and 73 FR 12893.) As stated previously, the minor NSR provisions at 40 CFR 51.160 require state programs to determine if activities would violate an applicable SIP or national standard and to prevent construction of an activity that would violate an applicable SIP provision or national standard. Michigan R 336.1202(1) requires an application for a waiver be submitted to MDEQ and requires MDEQ to act on the request within 30 days. Construction may not proceed unless the waiver is granted. The rule also indicates that the waiver does not guarantee approval of the required PTI and any construction activity would be at the owner/ operator's risk. Michigan R 336.1202(2) limits the waiver to minor construction activities and activities that are not considered construction or reconstruction under a National Emission Standard for Hazardous Air Pollutants of 40 CFR part 61 or part 63. EPA finds the Michigan waiver provisions are consistent with EPA regulations and policy, are similar to waiver provisions previously approved in Idaho and Wisconsin, and provide adequate assurance that major construction activities would be prevented and activities will not result in a violation of the SIP or a national standard. Generally, MDEQ requires a PTI for any activity that results in the emission of any amount of a regulated air pollutant. The state's minor NSR program does not exempt based on emission thresholds and instead lists specific exempt source categories of emissions. The exemption provisions considered in this action are Michigan R 336.1278, 336.1278a, and 336.1280-336.1290. When determining adequacy of the state rules, EPA is concerned with the possibility that an exemption might allow an activity that should be subject to major source permitting requirements escape appropriate review and permitting, that sources are required to maintain information adequate for the state to ensure that exemptions have been applied appropriately, and that the exemptions would not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable requirement of the CAA. Michigan R 336.1278 and 336.1278a provide limitation on the use of the specific exemptions provided in R 336.1280-336.1290, and require sources using the exemptions to maintain certain records to demonstrate that the exemptions have been applied appropriately. Michigan R 336.1278 excludes any activity that would be subject to PSD or major non-attainment permitting from use of the exemptions. The rule also defines activity to include all ``concurrent and related installation, construction, reconstruction, relocation, or modification of any process or process equipment'' which will ensure that projects are aggregated properly before applying an exemption. Michigan R 336.1278a requires owner/operators applying an exemption to maintain records and a written demonstration supporting application of the exemption. Additionally, specific exemptions may include additional monitoring and recordkeeping as required to ensure that the equipment is operating as required under the exemption. Section 110(l) of the CAA states that a SIP revision cannot be approved if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress towards attainment of a NAAQS or any other applicable requirement of the CAA. The exemptions only apply to the need to obtain a PTI prior to construction. Exempt units would still be required to comply with any non-PTI related SIP requirements or standards under the CAA. The 2003 and 2017 submittals provide an estimation of emissions that could result from each exemption. Many of these exemptions would result in very low levels of emissions, generally less than 3 tons per year of a regulated pollutant. Several would likely result in no emission of a regulated pollutant. Where an exemption could result in an increase of a regulated pollutant in amounts greater than 10 tons per year, MDEQ provided modeling, or in the case of ozone a qualitative analysis to demonstrate that the emissions that could result from the exempt categories would have no significant impact on compliance with the NAAQS. After reviewing the information provided by MDEQ, EPA agrees that the exemptions are unlikely to result in a violation of the NAAQS. III. What action is EPA taking? EPA is proposing to approve all changes submitted by MDEQ except for changes to Michigan R 336.1205 which includes provisions for public notice. EPA will not be taking any action with respect to the changes in public notice and will be addressing Michigan R 336.1205 in a separate action. The already approved public notice procedures will remain in the SIP until EPA takes action on Michigan R 336.1205. IV. Incorporation by Reference In this rule, EPA proposes to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA proposes to incorporate by reference Michigan's updated permitting rules including 336.1209, effective 07/26/1995; 336.1201a, 336.1203, 336.1204, 336.1206, 336.1212, 336.1216, effective 07/01/2003; 336.1201, 336.1202, 336.1207, 336.1219, 336.1240, 336.1241, 336.1278, 336.1299, effective 06/20/2008; and 336.1278a, 336.1280, 336.1281, 336.1282, 336.1283, 336.1284, 336.1285, 336.1286, 336.1287, 336.1288, 336.1289, 336.1290, effective 12/20/2016. EPA has made, and will continue to make, these documents generally available through www.regulations.gov, and/or at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Clean Air Act and applicable Federal regulations. 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 Clean Air Act. 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 [[Page 38654]] 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 Clean Air Act; 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 27, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2017-17230 Filed 8-14-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38651
Third, the 2013–2015 NO2 design of the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION
values in South Carolina and U.S.C. 3501 et seq.); AGENCY
surrounding states are well below the • Is certified as not having a
100 ppb standard. The highest significant economic impact on a 40 CFR Part 52
monitored design values during this substantial number of small entities
[EPA–R05–OAR–2007–1092; FRL–9966–14–
time period are 56 to 65 percent below under the Regulatory Flexibility Act (5 Region 5]
the NAAQS with Georgia and Florida U.S.C. 601 et seq.);
recording the highest design values (48 • Does not contain any unfunded Air Plan Approval; Michigan Minor New
and 44 ppb, respectively).17 mandate or significantly or uniquely Source Review
Fourth, NOX point source emissions affect small governments, as described
data provided in the SIP submittal show in the Unfunded Mandates Reform Act AGENCY: Environmental Protection
that NOX emissions decreased from of 1995 (Pub. L. 104–4); Agency (EPA).
72,885 tons in 2008 to 41,070 tons in • Does not have Federalism ACTION: Proposed rule.
2014, a reduction of approximately 44 implications as specified in Executive
percent.18 Order 13132 (64 FR 43255, August 10, SUMMARY: The Environmental Protection
For all the reasons discussed above, 1999); Agency (EPA) is proposing to approve
EPA has preliminarily determined that • Is not an economically significant certain changes to the Michigan State
South Carolina does not contribute regulatory actions based on health or Implementation Plan (SIP). This action
significantly to nonattainment or safety risks subject to Executive Order relates to changes to the Permit to Install
interfere with maintenance of the 2010 13045 (62 FR 19885, April 23, 1997); (PTI) requirements of the Michigan
1-hour NO2 NAAQS in any other state • Is not a significant regulatory Rules submitted on November 12, 1993;
and that South Carolina’s SIP includes actions subject to Executive Order May 16, 1996; April 3, 1998; September
adequate provisions to prevent 13211 (66 FR 28355, May 22, 2001); 2, 2003; March 24, 2009; and February
emissions sources within the State from • Is not subject to requirements of 28, 2017.
significantly contributing to section 12(d) of the National DATES: Comments must be received on
nonattainment or interfering with Technology Transfer and Advancement or before September 14, 2017.
maintenance of this standard in any Act of 1995 (15 U.S.C. 272 note) because
ADDRESSES: Submit your comments,
other state. application of those requirements would
identified by Docket ID No. EPA–R05–
be inconsistent with the CAA; and
V. Proposed Action • Does not provide EPA with the OAR–2007–1092 at http://
As described above, EPA is proposing discretionary authority to address, as www.regulations.gov, or via email to
to approve South Carolina’s December appropriate, disproportionate human damico.genvieve@epa.gov. For
7, 2016, SIP revision addressing prongs health or environmental effects, using comments submitted at Regulations.gov,
1 and 2 of CAA section 110(a)(2)(D)(i) practicable and legally permissible follow the online instructions for
for the 2010 1-hour NO2 NAAQS. methods, under Executive Order 12898 submitting comments. Once submitted,
(59 FR 7629, February 16, 1994). comments cannot be edited or removed
VI. Statutory and Executive Order from Regulations.gov. For either manner
In addition, this proposed rule for the
Reviews of submission, EPA may publish any
state of South Carolina does not have
Under the CAA, the Administrator is Tribal implications as specified by comment received to its public docket.
required to approve a SIP submission Executive Order 13175 (65 FR 67249, Do not submit electronically any
that complies with the provisions of the November 9, 2000), because it does not information you consider to be
Act and applicable federal regulations. have substantial direct effects on an Confidential Business Information (CBI)
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Indian Tribe. The Catawba Indian or other information whose disclosure is
Thus, in reviewing SIP submissions, Nation Reservation is located within the restricted by statute. Multimedia
EPA’s role is to approve state choices, State of South Carolina. Pursuant to the submissions (audio, video, etc.) must be
provided that they meet the criteria of Catawba Indian Claims Settlement Act, accompanied by a written comment.
the CAA. Accordingly, this proposed S.C. Code Ann. 27–16–120, ‘‘all state The written comment is considered the
action merely proposes to approve state and local environmental laws and official comment and should include
law as meeting federal requirements and regulations apply to the [Catawba Indian discussion of all points you wish to
does not impose additional Nation] and Reservation and are fully make. EPA will generally not consider
requirements beyond those imposed by enforceable by all relevant state and comments or comment contents located
state law. For that reason, this proposed local agencies and authorities.’’ EPA outside of the primary submission (i.e.
action: notes this action will not impose on the web, cloud, or other file sharing
• Is not a ‘‘significant regulatory substantial direct costs on Tribal system). For additional submission
actions’’ subject to review by the Office methods, please contact the person
governments or preempt Tribal law.
of Management and Budget under identified in the FOR FURTHER
Executive Orders 12866 (58 FR 51735, List of Subjects in 40 CFR Part 52 INFORMATION CONTACT section. For the
October 4, 1993) and 13563 (76 FR 3821, Environmental protection, Air full EPA public comment policy,
January 21, 2011); pollution control, Incorporation by information about CBI or multimedia
• Does not impose an information reference, Intergovernmental relations, submissions, and general guidance on
collection burden under the provisions Nitrogen dioxide, Ozone, Reporting and making effective comments, please visit
mstockstill on DSK30JT082PROD with PROPOSALS
recordkeeping requirements. http://www2.epa.gov/dockets/
17 This information is available in the SIP
commenting-epa-dockets.
submittal and at https://www.epa.gov/air-trends/ Authority: 42 U.S.C. 7401 et seq.
air-quality-design-values. Design values are FOR FURTHER INFORMATION CONTACT:
computed and published annually by EPA’s Office Dated: August 3, 2017. Rachel Rineheart, Environmental
of Air Quality Planning and Standards and V. Anne Heard, Engineer, Air Permits Section, Air
reviewed in conjunction with the EPA Regional Acting Regional Administrator, Region 4.
Offices. Programs Branch (AR–18J),
18 The State reported these NO emissions as NO
X 2
[FR Doc. 2017–17223 Filed 8–14–17; 8:45 am] Environmental Protection Agency,
emissions in its SIP submittal. BILLING CODE 6560–50–P Region 5, 77 West Jackson Boulevard,
VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1](https://thefederalregister.org/doc/82_FR_38807/page/1.svg)
![38654 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules
substantial number of small entities ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/
under the Regulatory Flexibility Act (5 AGENCY commenting-epa-dockets.
U.S.C. 601 et seq.); FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52 Michele Notarianni, Air Regulatory
• Does not contain any unfunded
mandate or significantly or uniquely [EPA–R04–OAR–2016–0634; FRL–9966–32– Management Section, Air Planning and
affect small governments, as described Region 4] Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
in the Unfunded Mandates Reform Act Air Plan Approval; Georgia; Regional Environmental Protection Agency,
of 1995 (Pub. L. 104–4); Haze Progress Report Region 4, 61 Forsyth Street SW.,
• Does not have Federalism Atlanta, Georgia 30303–8960. Ms.
implications as specified in Executive AGENCY: Environmental Protection
Agency (EPA). Notarianni can be reached by phone at
Order 13132 (64 FR 43255, August 10, (404) 562–9031 and via electronic mail
ACTION: Proposed rule.
1999); at notarianni.michele@epa.gov.
• Is not an economically significant SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
regulatory action based on health or Agency (EPA) is proposing to approve a I. Background
safety risks subject to Executive Order State Implementation Plan (SIP)
revision submitted by the State of States are required to submit a
13045 (62 FR 19885, April 23, 1997);
Georgia, Department of Natural progress report in the form of a SIP
• Is not a significant regulatory action Resources, through the Georgia revision during the first implementation
subject to Executive Order 13211 (66 FR Environmental Protection Division (GA period that evaluates progress towards
28355, May 22, 2001); EPD) on January 8, 2014. Georgia’s the RPGs for each mandatory Class I
• Is not subject to requirements of January 8, 2014, SIP revision (Progress federal area 1 (Class I area) within the
Section 12(d) of the National Report) addresses requirements of the state and for each Class I area outside
Technology Transfer and Advancement Clean Air Act (CAA or Act) and EPA’s the state which may be affected by
Act of 1995 (15 U.S.C. 272 note) because rules that require each state to submit emissions from within the state. 40 CFR
periodic reports describing progress 51.308(g). In addition, the provisions of
application of those requirements would
towards reasonable progress goals 40 CFR 51.308(h) require states to
be inconsistent with the Clean Air Act;
(RPGs) established for regional haze and submit, at the same time as the 40 CFR
and 51.308(g) progress report, a
a determination of the adequacy of the
• Does not provide EPA with the state’s existing SIP addressing regional determination of the adequacy of the
discretionary authority to address, as haze (regional haze plan). EPA is state’s existing regional haze plan. The
appropriate, disproportionate human proposing to approve Georgia’s first progress report is due five years
health or environmental effects, using determination that the State’s regional after submittal of the initial regional
practicable and legally permissible haze plan is adequate to meet these haze plan. Georgia submitted its first
methods, under Executive Order 12898 RPGs for the first implementation regional haze plan on February 11,
(59 FR 7629, February 16, 1994). period covering through 2018 and 2010, and supplemented its plan on
requires no substantive revision at this November 19, 2010.2
In addition, the SIP is not approved Like many other states subject to the
to apply on any Indian reservation land time.
Clean Air Interstate Rule (CAIR),
or in any other area where EPA or an DATES: Comments must be received on
Georgia relied on CAIR in its regional
Indian tribe has demonstrated that a or before September 14, 2017.
haze plan to meet certain requirements
tribe has jurisdiction. In those areas of ADDRESSES: Submit your comments,
of EPA’s Regional Haze Rule, including
Indian country, the rule does not have identified by Docket ID No. EPA–R04– best available retrofit technology
tribal implications and will not impose OAR–2016–0634 at http:// (BART) requirements for emissions of
substantial direct costs on tribal www.regulations.gov. Follow the online sulfur dioxide (SO2) and nitrogen oxides
governments or preempt tribal law as instructions for submitting comments. (NOx) from certain electric generating
Once submitted, comments cannot be units (EGUs) in the State.3 This reliance
specified by Executive Order 13175 (65
edited or removed from Regulations.gov. was consistent with EPA’s regulations at
FR 67249, November 9, 2000).
EPA may publish any comment received the time that Georgia developed its
List of Subjects in 40 CFR Part 52 to its public docket. Do not submit regional haze plan. See 70 FR 39104
electronically any information you (July 6, 2005). However, in 2008, the
Environmental protection, Air consider to be Confidential Business United States Court of Appeals for the
pollution control, Carbon monoxide, Information (CBI) or other information District of Columbia Circuit (D.C.
Incorporation by reference, whose disclosure is restricted by statute.
Intergovernmental relations, Lead, Multimedia submissions (audio, video, 1 Areas designated as mandatory Class I federal
Nitrogen dioxide, Ozone, Particulate etc.) must be accompanied by a written areas consist of national parks exceeding 6000
matter, Reporting and recordkeeping comment. The written comment is acres, wilderness areas and national memorial parks
exceeding 5000 acres, and all international parks
requirements, Sulfur oxides, Volatile considered the official comment and that were in existence on August 7, 1977. 42 U.S.C.
organic compounds. should include discussion of all points 7472(a). These areas are listed at 40 CFR part 81,
Dated: July 27, 2017.
you wish to make. EPA will generally subpart D.
not consider comments or comment 2 Georgia’s February 11, 2010, regional haze plan
mstockstill on DSK30JT082PROD with PROPOSALS
Robert A. Kaplan, contents located outside of the primary as supplemented on November 19, 2010, is
Acting Regional Administrator, Region 5. hereinafter collectively referred to as Georgia’s
submission (i.e., on the web, cloud, or regional haze plan unless otherwise specified.
[FR Doc. 2017–17230 Filed 8–14–17; 8:45 am] other file sharing system). For 3 CAIR required certain states, including Georgia,
BILLING CODE 6560–50–P additional submission methods, the full to reduce emissions of SO2 and NOX that
EPA public comment policy, significantly contribute to downwind
nonattainment of the 1997 National Ambient Air
information about CBI or multimedia Quality Standard (NAAQS) for fine particulate
submissions, and general guidance on matter (PM2.5) and ozone. See 70 FR 25162 (May 12,
making effective comments, please visit 2005).
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Document Created: 2017-08-15 01:12:36
Document Modified: 2017-08-15 01:12:36
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before September 14, 2017. | |
| Contact | Rachel Rineheart, Environmental Engineer, Air Permits Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-7017, [email protected] | |
| FR Citation | 82 FR 38651 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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