82_FR_38810 82 FR 38654 - Air Plan Approval; Georgia; Regional Haze Progress Report

82 FR 38654 - Air Plan Approval; Georgia; Regional Haze Progress Report

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 156 (August 15, 2017)

Page Range38654-38660
FR Document2017-17229

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Georgia, Department of Natural Resources, through the Georgia Environmental Protection Division (GA EPD) on January 8, 2014. Georgia's January 8, 2014, SIP revision (Progress Report) addresses requirements of the Clean Air Act (CAA or Act) and EPA's rules that require each state to submit periodic reports describing progress towards reasonable progress goals (RPGs) established for regional haze and a determination of the adequacy of the state's existing SIP addressing regional haze (regional haze plan). EPA is proposing to approve Georgia's determination that the State's regional haze plan is adequate to meet these RPGs for the first implementation period covering through 2018 and requires no substantive revision at this time.

Federal Register, Volume 82 Issue 156 (Tuesday, August 15, 2017)
[Federal Register Volume 82, Number 156 (Tuesday, August 15, 2017)]
[Proposed Rules]
[Pages 38654-38660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-17229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0634; FRL-9966-32-Region 4]


Air Plan Approval; Georgia; Regional Haze Progress Report

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, Department of Natural Resources, through the Georgia 
Environmental Protection Division (GA EPD) on January 8, 2014. 
Georgia's January 8, 2014, SIP revision (Progress Report) addresses 
requirements of the Clean Air Act (CAA or Act) and EPA's rules that 
require each state to submit periodic reports describing progress 
towards reasonable progress goals (RPGs) established for regional haze 
and a determination of the adequacy of the state's existing SIP 
addressing regional haze (regional haze plan). EPA is proposing to 
approve Georgia's determination that the State's regional haze plan is 
adequate to meet these RPGs for the first implementation period 
covering through 2018 and requires no substantive revision at this 
time.

DATES: Comments must be received on or before September 14, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2016-0634 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, 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: Michele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 
and via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    States are required to submit a progress report in the form of a 
SIP revision during the first implementation period that evaluates 
progress towards the RPGs for each mandatory Class I federal area \1\ 
(Class I area) within the state and for each Class I area outside the 
state which may be affected by emissions from within the state. 40 CFR 
51.308(g). In addition, the provisions of 40 CFR 51.308(h) require 
states to submit, at the same time as the 40 CFR 51.308(g) progress 
report, a determination of the adequacy of the state's existing 
regional haze plan. The first progress report is due five years after 
submittal of the initial regional haze plan. Georgia submitted its 
first regional haze plan on February 11, 2010, and supplemented its 
plan on November 19, 2010.\2\
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    \1\ Areas designated as mandatory Class I federal areas consist 
of national parks exceeding 6000 acres, wilderness areas and 
national memorial parks exceeding 5000 acres, and all international 
parks that were in existence on August 7, 1977. 42 U.S.C. 7472(a). 
These areas are listed at 40 CFR part 81, subpart D.
    \2\ Georgia's February 11, 2010, regional haze plan as 
supplemented on November 19, 2010, is hereinafter collectively 
referred to as Georgia's regional haze plan unless otherwise 
specified.
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    Like many other states subject to the Clean Air Interstate Rule 
(CAIR), Georgia relied on CAIR in its regional haze plan to meet 
certain requirements of EPA's Regional Haze Rule, including best 
available retrofit technology (BART) requirements for emissions of 
sulfur dioxide (SO2) and nitrogen oxides (NOx) from certain 
electric generating units (EGUs) in the State.\3\ This reliance was 
consistent with EPA's regulations at the time that Georgia developed 
its regional haze plan. See 70 FR 39104 (July 6, 2005). However, in 
2008, the United States Court of Appeals for the District of Columbia 
Circuit (D.C.

[[Page 38655]]

Circuit) remanded CAIR to EPA without vacatur to preserve the 
environmental benefits provided by CAIR. North Carolina v. EPA, 550 
F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), 
acting on the D.C. Circuit's remand, EPA promulgated CSAPR to replace 
CAIR and issued Federal Implementation Plans (FIPs) to implement the 
rule in CSAPR-subject states.\4\ Implementation of CSAPR was scheduled 
to begin on January 1, 2012, when CSAPR would have superseded the CAIR 
program. However, numerous parties filed petitions for review of CSAPR, 
and at the end of 2011, the D.C. Circuit issued an order staying CSAPR 
pending resolution of the petitions and directing EPA to continue to 
administer CAIR. Order of December 30, 2011, in EME Homer City 
Generation, L.P. v. EPA, D.C. Cir. No. 11-1302.
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    \3\ CAIR required certain states, including Georgia, to reduce 
emissions of SO2 and NOX that significantly 
contribute to downwind nonattainment of the 1997 National Ambient 
Air Quality Standard (NAAQS) for fine particulate matter 
(PM2.5) and ozone. See 70 FR 25162 (May 12, 2005).
    \4\ CSAPR requires 27 Eastern states to limit their statewide 
emissions of SO2 and/or NOX in order to 
mitigate transported air pollution unlawfully impacting other 
states' ability to attain or maintain four NAAQS: The 1997 ozone 
NAAQS, the 1997 annual PM2.5 NAAQS, the 2006 24-hour 
PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR 
emissions limitations are defined in terms of maximum statewide 
budgets for emissions of annual SO2, annual 
NOX, and/or ozone-season NOX by each covered 
state's large EGUs.
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    On June 28, 2012 (77 FR 38501), EPA finalized a limited approval of 
Georgia's regional haze plan as meeting some of the applicable regional 
haze requirements of the first implementation period for regional haze. 
In a separate action published on June 7, 2012 (77 FR 33642), EPA 
finalized a limited disapproval of Georgia's regional haze plan because 
of deficiencies arising from the State's reliance on CAIR to satisfy 
certain regional haze requirements. In the June 7, 2012, action, EPA 
also promulgated FIPs to replace reliance on CAIR with reliance on 
CSAPR to address deficiencies in CAIR-dependent regional haze plans of 
several states, including Georgia's regional haze plan.
    On August 21, 2012, the D.C. Circuit issued its ruling on CSAPR, 
vacating and remanding the Rule to EPA and ordering continued 
implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 
F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit's vacatur of CSAPR was 
reversed by the United States Supreme Court on April 29, 2014, and the 
case was remanded to the D.C. Circuit to resolve remaining issues in 
accordance with the high court's ruling. EPA v. EME Homer City 
Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit 
affirmed CSAPR in most respects, but invalidated without vacating some 
of the CSAPR budgets as to a number of states. EME Homer City 
Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded 
budgets include the Phase 2 SO2 emissions budget for 
Georgia. This litigation ultimately delayed implementation of CSAPR for 
three years, from January 1, 2012, when CSAPR's cap-and-trade programs 
were originally scheduled to replace the CAIR cap-and-trade programs, 
to January 1, 2015. Thus, the rule's Phase 2 budgets, originally 
promulgated to begin on January 1, 2014, began on January 1, 2017. On 
July 26, 2017, Georgia submitted a SIP revision that adopts provisions 
for participation in the CSAPR annual NOX and annual 
SO2 trading programs, including annual NOX and 
annual SO2 budgets that are equal to the budgets for Georgia 
in EPA's CSAPR FIP.
    On January 8, 2014, Georgia submitted its Progress Report which, 
among other things, details the progress made in the first period 
toward implementation of the long term strategy outlined in the State's 
regional haze plan; the visibility improvement measured at the three 
Class I areas within its borders (Cohutta Wilderness Area, Okefenokee 
Wilderness Area, and Wolf Island Wilderness Area) and at Class I areas 
outside of the State potentially impacted by emissions from Georgia; 
and a determination of the adequacy of the State's existing regional 
haze plan. EPA is proposing to approve Georgia's January 8, 2014, 
Progress Report for the reasons discussed below.

II. EPA's Evaluation of Georgia's Progress Report and Adequacy 
Determination

A. Regional Haze Progress Report

    This section includes EPA's analysis of Georgia's Progress Report 
and an explanation of the basis for the Agency's proposed approval.
1. Control Measures
    In its Progress Report, Georgia summarizes the status of the 
emissions reduction measures that were included in the final iteration 
of the Visibility Improvement State and Tribal Association of the 
Southeast (VISTAS) regional haze emissions inventory and RPG modeling 
used by the State in developing its regional haze plan. The measures 
include, among other things, applicable federal programs (e.g., mobile 
source rules and Maximum Achievable Control Technology standards) and 
federal and state control strategies for EGUs. Georgia also described 
the court decisions addressing CAIR and CSAPR at the time of Progress 
Report development.
    As discussed above, a number of states, including Georgia, 
submitted regional haze plans that relied on CAIR to meet certain 
regional haze requirements. EPA finalized a limited disapproval of 
Georgia's regional haze plan due to this reliance and promulgated a FIP 
to replace reliance on CAIR with reliance on CSAPR. The D.C. Circuit 
ultimately affirmed CSAPR in most respects, and CSAPR is now in effect. 
EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). 
Georgia notes in its Progress Report that CAIR was in effect due to the 
D.C. Circuit's decisions at the time of submittal. Because CSAPR should 
result in greater emissions reductions of SO2 and 
NOX than CAIR throughout the affected region, EPA expects 
Georgia to maintain and continue its progress towards its RPGs for 2018 
through continued, and additional, SO2 and NOX 
reductions. See generally 76 FR 48208 (August 8, 2011).
    In its Progress Report, Georgia identifies the status of 
implementation of SO2 controls required by Georgia Rule 391-
3-1-.02(2)(sss)--``Multipollutant Rule'' (Rule (sss)) that were 
scheduled to be installed at the time of the original regional haze 
plan submittal. Rule (sss), enacted in response to CAIR, requires the 
installation and operation of flue gas desulfurization (FGD) to control 
SO2 emissions and selective catalytic reduction (SCR) to 
control NOX emissions on the majority of the coal-fired EGUs 
in Georgia. The State notes that these controls will reduce 
NOX emissions from these EGUs by approximately 85 percent 
and reduce SO2 emissions by at least 95 percent. The 
implementation dates vary by EGU, starting on December 31, 2008, and 
ending on December 31, 2015. To date, all planned controls have been 
implemented either early or on time. By installing and operating FGD 
and SCR controls in accordance with Rule (sss), Georgia EGUs also met 
the requirements of CAIR. In its regional haze plan and Progress 
Report, Georgia focuses its assessment on SO2 emissions from 
EGUs because of VISTAS' findings that ammonium sulfate accounted for 
more than 70 percent of the visibility-impairing pollution in the 
VISTAS states \5\ and that SO2 point source emissions are 
projected to represent more than 95 percent of the total SO2 
emissions in the VISTAS states in

[[Page 38656]]

2018.\6\ As discussed below in Section II.A.5, Georgia determined that 
sulfates continue to be the largest contributor to regional haze for 
Class I areas in the State.
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    \5\ Sulfate levels on the 20 percent worst days account for 60-
70 percent of the visibility impairment at Georgia's Class I areas. 
For additional information, see Georgia's February 11, 2010, 
regional haze plan submittal at page 13.
    \6\ For additional information, see Georgia's February 11, 2010, 
regional haze plan submittal at page 76.
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    Georgia also reviewed the status of SO2 controls for 11 
non-EGU emissions units at seven facilities in the State which were 
included in the universe of emissions units initially determined 
eligible for a reasonable progress control analysis.\7\ Of these 11 
emissions units, six units at three facilities accepted permit limits 
to exempt out of being subject to a reasonable progress control 
analysis; \8\ the State determined that the BART-related controls for 
three units at two facilities satisfied reasonable progress; \9\ and 
for the remaining two units at two facilities, Georgia required 
additional controls.\10\ At the time of Progress Report submission, all 
units have required permit limits in place and have met or are expected 
to meet the required control due dates.\11\
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    \7\ See Table 2-3 of Georgia's Progress Report, pp.20-22. This 
table excludes EGU and non-EGU units where existing controls or CAIR 
controls were determined to satisfy reasonable progress for the 
first implementation period.
    \8\ The following six units in Georgia have permit limits which 
exempt them from being eligible for a reasonable progress analysis: 
Packaging Corporation of America C E Boiler; Rayonier Performance 
Fibers--Jessup Mill Power Boilers 2 and 3 and Recovery Furnaces 1 
and 4; and Southern States Phosphate and Fertilizer Sulfuric Acid 
Plant 2.
    \9\ The following three units in Georgia have implemented BART-
related controls by the required due dates: Georgia Pacific Cedar 
Springs--Power Boilers U500 and U501 (BART exemption limits) and 
Interstate Paper Power Boiler F1 (BART control limits).
    \10\ The following two units in Georgia are applying additional 
control measures to meet their permit limits which satisfy 
reasonable progress: Georgia Pacific Brunswick Cellulose Power 
Boiler No. 4 and International Paper--Savannah Mill Power Boiler 13.
    \11\ See Table 2-3 of Georgia's Progress Report, pp.20-22.
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    In addition, the State discusses the status of several measures 
that were not included in the final VISTAS emissions inventory and were 
not relied upon in the initial regional haze plan to meet RPGs, 
including EPA's Mercury and Air Toxics Rule, a 2011 federal consent 
agreement with the Tennessee Valley Authority, and EGU retirements and 
fuel conversions that have occurred or are planned to occur before 
2018. Georgia Power decertified and retired 15 fossil fuel fired EGUs 
(10 coal-fired, three oil-fired, and two gas-fired units) between 2013 
and 2016.\12\ Further, Georgia Power's Yates Steam Electric Generating 
Plant converted Units 6 and 7 from coal to natural gas.\13\ The State 
notes that the emissions reductions from these measures will help 
ensure that Class I areas impacted by Georgia sources achieve their 
RPGs.
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    \12\ See page 24 of Georgia's Progress Report and a November 18, 
2016, email from Georgia to EPA documenting these EGU retirements. 
The Progress Report, email from the State, and associated 
documentation of these retirements and fuel conversions are located 
in the docket for this proposed action.
    \13\ Id.
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    Regarding the impact of sources outside of the State on Class I 
areas in Georgia, GA EPD sent letters to Florida, South Carolina, and 
Tennessee pertaining to emissions units within these states that it 
believes contribute to visibility impairment at Georgia's Class I areas 
using the State's methodology for determining sources eligible for a 
reasonable progress control determination.\14\ Georgia consulted with 
these states regarding these sources and opted not to rely upon any 
additional emissions reductions from sources located outside the 
State's boundaries beyond those already identified in the State's 
regional haze plan.\15\
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    \14\ See 77 FR 11474-11475.
    \15\ See 77 FR 11475.
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    Regarding the impact of Georgia's sources on Class I areas outside 
of the State, Georgia applied its area of influence methodology to 
identify sources in the State that have emissions units with impacts 
large enough to potentially warrant further evaluation and analysis 
because, at the time of Georgia's SIP development, many of these states 
had not yet defined their criteria for identifying sources to evaluate 
for reasonable progress. The State identified eight emissions units in 
Georgia within the area of influence of seven Class I areas in five 
neighboring states. Georgia determined that there are no additional 
control measures for these Georgia emissions units that would be 
reasonable to implement to mitigate visibility impacts in Class I areas 
in the five neighboring states.\16\
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    \16\ In its regional haze plan, the State identified, through an 
area of influence modeling analysis based on back trajectories, 
seven Class I areas in five neighboring states potentially impacted 
by Georgia sources using the State's reasonable progress eligibility 
criteria as a screening tool: Sipsey Wilderness Area (AL), Saint 
Marks Wilderness Area (FL), Shining Rock Wilderness Area (NC), 
Swanquarter Wilderness Area (NC), Great Smoky Mountains National 
Park (NC/TN), Joyce Kilmer-Slickrock Wilderness Area (NC/TN), and 
Cape Romain Wilderness Area (SC). See 77 FR 11474 (February 27, 
2012). Georgia evaluated the 20 percent worst day visibility 
conditions for these areas. See pages 42-43 and Appendix D of 
Georgia's Progress Report.
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    EPA proposes to find that Georgia adequately addressed the 
applicable provisions under 40 CFR 51.308(g) regarding the 
implementation of control measures for the reasons discussed below. The 
State documents the implementation status of measures from its regional 
haze plan in addition to describing additional measures not originally 
accounted for in the final VISTAS emissions inventory that came into 
effect since the VISTAS analyses for the regional haze plan were 
completed. Georgia reviewed the status of BART requirements for the two 
BART-subject non-EGU sources in the State and reviewed the status of 
additional reasonable progress controls for these two sources. The 
State's Progress Report also discusses the status of existing and 
future expected SO2 controls for Georgia's EGUs because, in 
its regional haze plan, Georgia identified SO2 emissions 
from coal-fired EGUs as the key contributor to regional haze in the 
VISTAS region.
2. Emissions Reductions
    As discussed above, Georgia focused its assessment on 
SO2 emissions from EGUs because of VISTAS' findings that 
ammonium sulfate is the primary component of visibility-impairing 
pollution in the VISTAS states. In its Progress Report, Georgia 
presents SO2 emissions data for 23 coal-fired EGUs at seven 
facilities in the State that, at the time the State submitted its 
February 11, 2010, regional haze plan, were scheduled to install 
SO2 controls as a result of Rule (sss).\17\ Eleven of these 
coal-fired EGUs were identified by Georgia as having visibility impacts 
at one or more neighboring Class I areas. As of the time that Georgia 
developed its Progress Report, all planned controls had been 
implemented either early or on time and the requirements for controls 
in 2013 or later are still in place. Georgia Power--Plant McDonough 
retired Units 1 and 2 prior to their control dates in 2012 and 2011, 
respectively, for FGD controls.
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    \17\ See Table 2-2 on pages 15-18 of Georgia's Progress Report.
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    Based on EGU emissions projections from its regional haze plan, 
Georgia notes that the estimated total SO2 emission 
reductions for these coal-fired EGUs from 2002 to 2018 would be 441,989 
tons per year (tpy) and from 2002 to 2009 would be 161,949 tpy. Actual 
SO2 emissions reductions implemented by the end of 2009 
totaled 184,215 tpy of SO2, over 20,000 tpy greater than 
originally projected through 2009 in Georgia's regional haze plan. 
Georgia also estimates in its Progress Report that an additional 93,000 
tons of SO2 emissions reductions were achieved from 2010 
through 2012.\18\
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    \18\ See page 14 of Georgia's Progress Report.

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[[Page 38657]]

    Georgia's Progress Report also includes SO2 and 
NOX emissions data from 2002-2011 for EGUs in the State and 
for EGUs in the VISTAS region that are subject to reporting under the 
Acid Rain Program. This data shows a decline in these emissions over 
this time period. From 2002-2011, SO2 emissions from these 
EGUs in Georgia decreased by 325,795 tons annually. Table 1 shows 
actual SO2 emissions from Georgia EGUs obtained from EPA's 
Clean Air Markets Division (CAMD) database. EGU SO2 
emissions dropped from 2007 to 2011 by 448,625 tons.

                                  Table 1--Georgia EGU SO2 Emissions From CAMD
                                                   [2007-2011]
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      SO2 Emissions (tons)             2007            2008            2009            2010            2011
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CAMD EGU Emissions..............         635,484         514,539         262,337         218,904         186,859
Change from 2007................               0         120,945         373,147         416,580         448,625
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    EPA proposes to conclude that Georgia has adequately addressed 40 
CFR 51.308(g). As discussed above, the State provides estimates, and 
where available, actual emissions reductions of SO2 and 
NOX at EGUs in the State.
3. Visibility Progress
    In its Progress Report, Georgia provides figures with visibility 
monitoring data for the State's three Class I areas. Georgia reported 
current conditions as the 2006-2010 five-year time period and used the 
2000-2004 baseline period for its Class I areas.\19\ Table 2 shows the 
current visibility conditions and the difference between current 
visibility conditions and baseline visibility conditions. Table 3 shows 
the changes in visibility from 2005-2010 in terms of five-year 
averages.
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    \19\ For the first regional haze plans, ``baseline'' conditions 
were represented by the 2000-2004 time period. See 64 FR 35730 (July 
1, 1999). Wolf Island Wilderness Area does not have a visibility 
monitor; therefore, visibility data from Okefenokee Wilderness Area 
is used for both areas given their proximity. For more information, 
see 77 FR 11459.

      Table 2--Baseline Visibility, Current Visibility, and Visibility Changes in Class I Areas in Georgia
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                                                  Baseline (2000- Current (2006-
                  Class I area                         2004)           2010)        Difference      RPG (2018)
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20% Worst Days
Cohutta.........................................           30.25           26.18           -4.07           22.80
Okefenokee......................................           27.13           25.01           -2.13           23.82
Wolf Island.....................................           27.13           25.01           -2.13           23.82
20% Best Days
Cohutta.........................................           13.77           12.18           -1.59           11.75
Okefenokee......................................           15.23           14.19           -1.04           13.92
Wolf Island.....................................           15.23           14.19           -1.04           13.92
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                                            Table 3--Changes in Five-Year Visibility Averages From 2005-2010
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                                                                                                                                           Change (2010-
              Class I area                     2005            2006            2007            2008            2009            2010            2005)
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20% Worst Days
Cohutta \20\............................           30.43           30.52           30.43           29.63           28.01           26.18           -4.24
Okefenokee..............................           27.14           27.24           27.21           26.88           26.00           25.01           -2.13
Wolf Island.............................           27.14           27.24           27.21           26.88           26.00           25.01           -2.13
20% Best Days
Cohutta \21\............................           13.88           13.63           13.62           13.43            12.5           12.18           -1.70
Okefenokee..............................           14.95           15.03           14.90           14.90           14.46           14.19           -0.75
Wolf Island.............................           14.95           15.03           14.90           14.90           14.46           14.19           -0.75
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    All Georgia Class I areas saw an improvement in visibility between 
baseline and 2006-2010 conditions and an overall decline in the five-
year visibility averages from 2006-2010.
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    \20\ There is no annual average for Cohutta for the year 2006.
    \21\ Id.
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    EPA proposes to find that Georgia has adequately addressed the 
applicable provisions under 40 CFR 51.308(g) regarding visibility 
conditions because the State provided baseline visibility conditions 
(2000-2004), current conditions based on the most recently available 
visibility monitoring data available at the time of Progress Report 
development, and the change in visibility impairment from 2006-2010.
4. Emissions Tracking
    In its Progress Report, Georgia includes data from a statewide 
actual emissions inventory for 2007 and compares this data to the 
baseline emissions inventory for 2002 (actual and typical emissions) 
from its regional haze plan.\22\ The pollutants inventoried include 
volatile organic compounds (VOC), ammonia (NH3), 
NOX, coarse particulate matter (PM10), fine

[[Page 38658]]

particulate matter (PM2.5), and SO2.\23\ The 
emissions inventories include the following source classifications: 
Point, area, biogenics, non-road mobile, and on-road mobile sources.
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    \22\ For the typical 2002 stationary point source emissions 
inventory, Georgia adjusted the EGU emissions for a typical year so 
that if sources were shut down or operating above or below normal, 
the emissions are normalized to a typical emissions inventory year. 
The purpose is to smooth out potential anomalies in EGU emissions 
(related to meteorology, economic, and outage factors) in a given 
year. The typical year data is used to develop projected typical 
future year emissions inventories.
    \23\ See Appendices F through I of Georgia's Progress Report for 
inventories of these pollutants.
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    Georgia's Progress Report narrative includes the actual and typical 
emissions inventories from its regional haze plan for 2002, and 
summarizes actual emissions data for SO2, NOX, 
and PM2.5 from 2007.\24\ Although EPA's 2008 National 
Emissions Inventory was available, Georgia believes that the 2007 
inventory was a more accurate and more detailed inventory because 
additional work was done to improve and verify its accuracy. Georgia 
estimated on-road mobile source emissions in the 2007 inventory using 
EPA's MOVES model. This model tends to estimate higher emissions for 
NOX and PM than its previous counterpart, EPA's MOBILE6.2 
model, used by the State to estimate on-road mobile source emissions 
for the 2002 inventories. Georgia also included projected emissions 
data from its February 11, 2010, regional haze plan submittal for these 
visibility-impairing pollutants for the years 2009 and 2018.
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    \24\ Georgia focuses on the visibility-impairing pollutants of 
SO2, NOX, and PM2.5 in its Progress 
Report narrative because VISTAS performed modeling sensitivity 
analyses which demonstrated that anthropogenic emissions of VOC and 
NH3 do not significantly impair visibility in the VISTAS 
region, including Georgia. See 77 FR 11456, 11460 (February 27, 
2012).
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    Table 4 shows that actual emissions of PM2.5 in 2007 are 
slightly higher than 2002 emissions. Both the 2002 and 2007 actual 
emissions inventories are lower than the projected emissions for 2009 
and 2018 from Georgia's regional haze plan. The State notes that the 
increase in on-road mobile PM2.5 emissions from 2002 to 2007 
is due to the change from MOBILE 6.2 to the MOVES model and that the 
decrease in area source PM2.5 emissions from 2002 to 2007 is 
mainly due to a change in the methodology used for calculating this 
sector's emissions.

                                            Table 4--PM2.5 Emissions
                                                     [tons]
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             Sector                 2002 Actual    2002 Typical     2007 Actual   2009 Projected  2018 Projected
----------------------------------------------------------------------------------------------------------------
Point...........................          22,401          22,532          25,058          29,890          36,297
Area............................         103,726         103,726          83,594         111,924         123,610
On-road.........................           5,168           5,168          13,681           3,840           2,380
Non-road........................           8,226           8,226           6,608           7,175           5,730
Fires...........................          57,293          55,712          68,766          57,087          57,087
                                 -------------------------------------------------------------------------------
    Total.......................         196,814         195,364         197,707         209,916         225,104
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    Table 5 shows that actual emissions of NOX in 2007 are 
slightly higher than 2002 emissions. With the exception of area 
sources, both the 2002 and 2007 actual emissions inventories for all 
other source categories remain higher than or approximately equal to 
the projected emissions for 2009 and 2018 from Georgia's regional haze 
plan. Georgia notes that the increase in on-road mobile NOX 
emissions from 2002 to 2007 is due to the change to the MOVES model; 
the decrease in area source NOX emissions is mainly due to a 
change in the methodology used for calculating this sector's emissions 
and the decrease in point source NOX is due to the 
installation of emissions controls. Georgia notes in its Progress 
Report that if there was no change in the mobile model used, the State 
would expect that 2007 emissions would be less than the 2002 base year 
emissions for NOX.

                                             Table 5--NOX Emissions
                                                     [tons]
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             Sector                 2002 Actual    2002 Typical     2007 Actual   2009 Projected  2018 Projected
----------------------------------------------------------------------------------------------------------------
Point...........................         196,767         197,377         154,041         148,850         125,680
Area............................          36,105          36,105          12,351          37,689          41,282
On-road.........................         307,732         307,732         396,837         209,349         102,179
Non-road........................          97,961          97,961          91,081          85,733          64,579
Fires...........................          14,203          13,882          19,429          14,236          14,236
                                 -------------------------------------------------------------------------------
    Total.......................         652,768         653,057         673,739         495,857         347,956
----------------------------------------------------------------------------------------------------------------

    Table 6 shows that actual emissions of SO2 from point 
sources and fires are higher in 2007 than 2002. Georgia notes that the 
decrease in area source SO2 emissions is mainly due to a 
change in the methodology used for calculating this sector's emissions 
and that the increase in point source SO2 emissions from 
2002 to 2007 is due to increased electricity generation. Despite the 
increase from 2002 to 2007 in point source emissions of SO2, 
significant emissions reductions occurred in this sector from 2007 to 
2011 (as summarized in Table 1, above). The State attributes these 
decreased emissions to FGD being installed at several of the coal-fired 
EGUs in Georgia.

[[Page 38659]]



                                             Table 6--SO2 Emissions
                                                     [tons]
----------------------------------------------------------------------------------------------------------------
             Sector                 2002 Actual    2002 Typical     2007 Actual   2009 Projected  2018 Projected
----------------------------------------------------------------------------------------------------------------
Point...........................         568,731         571,411         683,358         462,666         127,864
Area............................          57,555          57,555           4,858          57,692          59,724
On-road.........................          12,184          12,184           6,407           1,585           1,457
Non-road........................           9,005           9,005           5,983           2,725           1,709
Fires...........................           3,372           2,815           4,492           2,912           2,912
                                 -------------------------------------------------------------------------------
    Total.......................         650,847         652,970         705,098         527,580         193,666
----------------------------------------------------------------------------------------------------------------

    EPA proposes to find that Georgia adequately addressed the 
provisions of 40 CFR 51.308(g) regarding emissions tracking because the 
State compared the most recent updated emission inventory data 
available at the time of Progress Report development with the baseline 
emissions used in the modeling for the regional haze plan.
5. Assessment of Changes Impeding Visibility Progress
    In its Progress Report, Georgia documented that sulfates, which are 
formed from SO2 emissions, continue to be the biggest single 
contributor to regional haze for Class I areas in the VISTAS states, 
including Georgia, and therefore focused its analysis on large 
SO2 emissions from point sources. Specifically, Georgia 
provided data showing the composition of PM2.5 (``speciated 
data'') for Class I areas in the VISTAS region and bordering areas, 
including Cohutta and Okefenokee, for the years 2001 through 2010. This 
speciated data shows that ammonium sulfate continues to be the most 
important contributor to visibility impairment and fine particle mass 
on the 20 percent worst and 20 percent best visibility days at all of 
Georgia's Class I areas.\25\ The State notes that there are no 
significant changes in anthropogenic emissions that have impeded 
progress in reducing emissions and improving visibility in Class I 
areas impacted by Georgia sources, and refers to decreases in point 
source SO2 emissions from 2002 to 2011. Given the heat input 
data reported by CAMD, the State concludes that these reductions are 
not attributable to reduced power demand. Furthermore, the Progress 
Report shows that the State is on track to meeting its 2018 RPGs for 
Class I areas in Georgia.
---------------------------------------------------------------------------

    \25\ See Appendices A and B of Georgia's Progress Report.
---------------------------------------------------------------------------

    EPA proposes to find that Georgia has adequately addressed the 
provisions of 40 CFR 51.308(g) regarding an assessment of significant 
changes in anthropogenic emissions. EPA preliminarily agrees with 
Georgia's conclusion that there have been no significant changes in 
emissions of visibility-impairing pollutants which have limited or 
impeded progress in reducing emissions and improving visibility in 
Class I areas impacted by the State's sources.
6. Assessment of Current Strategy
    The State believes that it is on track to meet the 2018 RPGs for 
Georgia Class I areas and will not impede Class I areas outside of 
Georgia from meeting their RPGs based on the trends in visibility and 
emissions presented in its Progress Report. As noted above, Georgia 
provided speciated data for the period 2006 to 2010 for the 20 percent 
best and worst days at Class I areas in and surrounding the VISTAS 
region, including Okefenokee and Cohutta, showing that sulfates 
continue to be the largest contributor to visibility impairment at 
these Class I areas.\26\ Georgia's Progress Report shows that 
SO2 emissions from EGUs in Georgia have decreased from 2002 
to 2011 by 325,795 tons; that visibility has improved on the 20 percent 
worst days for the State's Class I areas and the Class I areas 
potentially impacted by the State's sources (Cape Romain National 
Wilderness Area in South Carolina, Shining Rock and Swanquarter 
Wilderness Areas in North Carolina, Joyce Kilmer--Slick Rock Wilderness 
Area and Great Smoky Mountains National Park in North Carolina and 
Tennessee, St. Marks National Wilderness Area in Florida, and Sipsey 
Wilderness Area in Alabama); and that these areas are on track to 
achieve their RPGs by 2018.\27\
---------------------------------------------------------------------------

    \26\ See Figures 1-2, 1-3, 1-4, and 1-5 of Georgia's Progress 
Report on pages 5-7.
    \27\ See pages 42-43 of the narrative and Appendix D of 
Georgia's Progress Report.
---------------------------------------------------------------------------

    As discussed in Section II.A.1, above, CAIR was implemented during 
the time period evaluated by Georgia for its Progress Report, but has 
now been replaced by CSAPR. At the present time, the requirements of 
CSAPR apply to sources in Georgia under the terms of a FIP. Georgia's 
regional haze plan accordingly does not contain sufficient provisions 
to ensure that the RPGs of Class I areas in nearby states will be 
achieved. The term ``implementation plan,'' however, is defined for 
purposes of the Regional Haze Rule to mean ``any [SIP], [FIP], or 
Tribal Implementation Plan.'' 40 CFR 51.301. Measures in any issued 
FIP, as well as those in a state's regional haze plan, may therefore be 
considered in assessing the adequacy of the ``existing implementation 
plan.'' As noted above, Georgia submitted a SIP revision on July 26, 
2017, that adopts provisions for participation in the CSAPR annual 
NOX and annual SO2 trading programs, including 
annual NOX and annual SO2 budgets that are equal 
to the budgets for Georgia in EPA's CSAPR FIP.
    EPA proposes to find that Georgia has adequately addressed the 
provisions of 40 CFR 51.308(g) regarding the strategy assessment. In 
its Progress Report, Georgia described the improving visibility trends 
using data from the IMPROVE network and the downward emissions trends 
in NOX and SO2 emissions from EGUs in the State. 
These trends support the State's determination that its regional haze 
plan is sufficient to meet RPGs for Class I areas within and outside 
the State potentially impacted by Georgia sources. EPA finds that 
Georgia's conclusion regarding the sufficiency of its regional haze 
plan is appropriate because CAIR was in effect in Georgia through 2014, 
providing the emission reductions relied upon in Georgia's regional 
haze plan through that date. CSAPR is now being implemented, and by 
2018, the end of the first regional haze implementation period, CSAPR 
will reduce emissions of SO2 and NOX from EGUs in 
Georgia by the same amount assumed by EPA when it issued the CSAPR FIP 
for Georgia. Because CSAPR will ensure the control of SO2 
and NOX emissions reductions relied upon by Georgia and 
other states in setting their RPGs beginning in January 2015 at least 
through the

[[Page 38660]]

remainder of the first implementation period in 2018, EPA is proposing 
to approve Georgia's finding that the plan elements and strategies in 
its implementation plan are sufficient to achieve the RPGs for the 
Class I area in the State and for Class I areas in nearby states 
potentially impacted by sources in the State.
7. Review of Current Monitoring Strategy
    Georgia's Progress Report summarizes the existing monitoring 
network in the State to monitor visibility in Georgia's Class I areas 
and concludes that no modifications to the existing visibility 
monitoring strategy are necessary. The primary monitoring network for 
regional haze, both nationwide and in Georgia, is the IMPROVE network. 
There are currently two IMPROVE sites in Georgia. One is located in the 
Cohutta Wilderness Area. The other monitor is located in the Okefenokee 
Wilderness area and serves as the monitoring site for both the 
Okefenokee and Wolf Island Wilderness Areas.
    The State also explains the importance of the IMPROVE monitoring 
network for tracking visibility trends at Class I areas in Georgia, 
noting that because IMPROVE monitoring data from 2000-2004 serve as the 
baseline for the regional haze program, the future regional haze 
monitoring strategy should be based on IMPROVE data (or data directly 
comparable to IMPROVE data). Georgia also highlights that the IMPROVE 
measurements provide the only long-term record available for tracking 
visibility improvement or degradation. The Visibility Information 
Exchange Web System Web site has been maintained by VISTAS and the 
other Regional Planning Organizations to provide ready access to the 
IMPROVE data and data analysis tools.
    EPA proposes to find that Georgia has adequately addressed the 
applicable provisions of 40 CFR 51.308(g) regarding monitoring strategy 
because the State reviewed its visibility monitoring strategy and 
determined that no further modifications to the strategy are necessary.

B. Determination of Adequacy of Existing Regional Haze Plan

    In its Progress Report, Georgia submitted a declaration to EPA that 
the existing regional haze plan requires no further substantive 
revision at this time to achieve the RPGs for Class I areas affected by 
the State's sources. The basis for the State's declaration is the 
findings from the Progress Report, including the findings that: The 
control measures in Georgia's regional haze plan are on track to meet 
their implementation schedules; reduction of SO2 emissions 
continues to be the appropriate strategy for improvement of visibility 
in Georgia's Class I areas; EGU SO2 emissions dropped from 
2002 to 2011 by 325,795 tons,\28\ and the actual change in visibility 
through 2010 for Georgia's Class I areas is better than the what the 
State predicted for 2010 and is exceeding the uniform rate of progress.
---------------------------------------------------------------------------

    \28\ See page 39 of Georgia's Progress Report.
---------------------------------------------------------------------------

    EPA proposes to find that Georgia has adequately addressed 40 CFR 
51.308(h) because the visibility trends at the Class I areas in the 
State and at Class I areas outside the State potentially impacted by 
sources within Georgia and the emissions trends of the largest emitters 
of visibility-impairing pollutants in the State indicate that the 
relevant RPGs will be met.

III. Proposed Action

    EPA is proposing to approve Georgia's Regional Haze Progress Report 
SIP revision, submitted by the State on January 8, 2014, as meeting the 
applicable regional haze requirements set forth in 40 CFR 51.308(g) and 
51.308(h).

IV. 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 
proposed action merely proposes to approve state law as meeting federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 7, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
[FR Doc. 2017-17229 Filed 8-14-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                    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
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                                                    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).



                                               VerDate Sep<11>2014   16:14 Aug 14, 2017   Jkt 241001   PO 00000   Frm 00042   Fmt 4702   Sfmt 4702   E:\FR\FM\15AUP1.SGM   15AUP1


                                                                           Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules                                                   38655

                                                    Circuit) remanded CAIR to EPA without                   Generation, L.P. v. EPA, 795 F.3d 118                    As discussed above, a number of
                                                    vacatur to preserve the environmental                   (D.C. Cir. 2015). The remanded budgets                states, including Georgia, submitted
                                                    benefits provided by CAIR. North                        include the Phase 2 SO2 emissions                     regional haze plans that relied on CAIR
                                                    Carolina v. EPA, 550 F.3d 1176, 1178                    budget for Georgia. This litigation                   to meet certain regional haze
                                                    (D.C. Cir. 2008). On August 8, 2011 (76                 ultimately delayed implementation of                  requirements. EPA finalized a limited
                                                    FR 48208), acting on the D.C. Circuit’s                 CSAPR for three years, from January 1,                disapproval of Georgia’s regional haze
                                                    remand, EPA promulgated CSAPR to                        2012, when CSAPR’s cap-and-trade                      plan due to this reliance and
                                                    replace CAIR and issued Federal                         programs were originally scheduled to                 promulgated a FIP to replace reliance on
                                                    Implementation Plans (FIPs) to                          replace the CAIR cap-and-trade                        CAIR with reliance on CSAPR. The D.C.
                                                    implement the rule in CSAPR-subject                     programs, to January 1, 2015. Thus, the               Circuit ultimately affirmed CSAPR in
                                                    states.4 Implementation of CSAPR was                    rule’s Phase 2 budgets, originally                    most respects, and CSAPR is now in
                                                    scheduled to begin on January 1, 2012,                  promulgated to begin on January 1,                    effect. EME Homer City Generation, L.P.
                                                    when CSAPR would have superseded                        2014, began on January 1, 2017. On July               v. EPA, 795 F.3d 118 (D.C. Cir. 2015).
                                                    the CAIR program. However, numerous                     26, 2017, Georgia submitted a SIP                     Georgia notes in its Progress Report that
                                                    parties filed petitions for review of                   revision that adopts provisions for                   CAIR was in effect due to the D.C.
                                                    CSAPR, and at the end of 2011, the D.C.                 participation in the CSAPR annual NOX                 Circuit’s decisions at the time of
                                                    Circuit issued an order staying CSAPR                   and annual SO2 trading programs,                      submittal. Because CSAPR should result
                                                    pending resolution of the petitions and                 including annual NOX and annual SO2                   in greater emissions reductions of SO2
                                                    directing EPA to continue to administer                 budgets that are equal to the budgets for             and NOX than CAIR throughout the
                                                    CAIR. Order of December 30, 2011, in                    Georgia in EPA’s CSAPR FIP.                           affected region, EPA expects Georgia to
                                                    EME Homer City Generation, L.P. v.                                                                            maintain and continue its progress
                                                                                                               On January 8, 2014, Georgia
                                                    EPA, D.C. Cir. No. 11–1302.                                                                                   towards its RPGs for 2018 through
                                                       On June 28, 2012 (77 FR 38501), EPA                  submitted its Progress Report which,
                                                                                                            among other things, details the progress              continued, and additional, SO2 and NOX
                                                    finalized a limited approval of Georgia’s
                                                                                                            made in the first period toward                       reductions. See generally 76 FR 48208
                                                    regional haze plan as meeting some of
                                                    the applicable regional haze                            implementation of the long term                       (August 8, 2011).
                                                    requirements of the first implementation                strategy outlined in the State’s regional                In its Progress Report, Georgia
                                                    period for regional haze. In a separate                 haze plan; the visibility improvement                 identifies the status of implementation
                                                    action published on June 7, 2012 (77 FR                 measured at the three Class I areas                   of SO2 controls required by Georgia Rule
                                                    33642), EPA finalized a limited                         within its borders (Cohutta Wilderness                391–3–1–.02(2)(sss)—‘‘Multipollutant
                                                    disapproval of Georgia’s regional haze                  Area, Okefenokee Wilderness Area, and                 Rule’’ (Rule (sss)) that were scheduled
                                                    plan because of deficiencies arising                    Wolf Island Wilderness Area) and at                   to be installed at the time of the original
                                                    from the State’s reliance on CAIR to                    Class I areas outside of the State                    regional haze plan submittal. Rule (sss),
                                                    satisfy certain regional haze                           potentially impacted by emissions from                enacted in response to CAIR, requires
                                                    requirements. In the June 7, 2012,                      Georgia; and a determination of the                   the installation and operation of flue gas
                                                    action, EPA also promulgated FIPs to                    adequacy of the State’s existing regional             desulfurization (FGD) to control SO2
                                                    replace reliance on CAIR with reliance                  haze plan. EPA is proposing to approve                emissions and selective catalytic
                                                    on CSAPR to address deficiencies in                     Georgia’s January 8, 2014, Progress                   reduction (SCR) to control NOX
                                                    CAIR-dependent regional haze plans of                   Report for the reasons discussed below.               emissions on the majority of the coal-
                                                    several states, including Georgia’s                     II. EPA’s Evaluation of Georgia’s                     fired EGUs in Georgia. The State notes
                                                    regional haze plan.                                     Progress Report and Adequacy                          that these controls will reduce NOX
                                                       On August 21, 2012, the D.C. Circuit                 Determination                                         emissions from these EGUs by
                                                    issued its ruling on CSAPR, vacating                                                                          approximately 85 percent and reduce
                                                    and remanding the Rule to EPA and                       A. Regional Haze Progress Report                      SO2 emissions by at least 95 percent.
                                                    ordering continued implementation of                                                                          The implementation dates vary by EGU,
                                                    CAIR. EME Homer City Generation, L.P.                     This section includes EPA’s analysis
                                                                                                            of Georgia’s Progress Report and an                   starting on December 31, 2008, and
                                                    v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012).                                                                      ending on December 31, 2015. To date,
                                                    The D.C. Circuit’s vacatur of CSAPR was                 explanation of the basis for the Agency’s
                                                                                                            proposed approval.                                    all planned controls have been
                                                    reversed by the United States Supreme                                                                         implemented either early or on time. By
                                                    Court on April 29, 2014, and the case                   1. Control Measures                                   installing and operating FGD and SCR
                                                    was remanded to the D.C. Circuit to                                                                           controls in accordance with Rule (sss),
                                                    resolve remaining issues in accordance                     In its Progress Report, Georgia
                                                                                                            summarizes the status of the emissions                Georgia EGUs also met the requirements
                                                    with the high court’s ruling. EPA v. EME
                                                                                                            reduction measures that were included                 of CAIR. In its regional haze plan and
                                                    Homer City Generation, L.P., 134 S. Ct.
                                                                                                            in the final iteration of the Visibility              Progress Report, Georgia focuses its
                                                    1584 (2014). On remand, the D.C.
                                                                                                            Improvement State and Tribal                          assessment on SO2 emissions from
                                                    Circuit affirmed CSAPR in most
                                                    respects, but invalidated without                       Association of the Southeast (VISTAS)                 EGUs because of VISTAS’ findings that
                                                    vacating some of the CSAPR budgets as                   regional haze emissions inventory and                 ammonium sulfate accounted for more
                                                    to a number of states. EME Homer City                   RPG modeling used by the State in                     than 70 percent of the visibility-
                                                                                                            developing its regional haze plan. The                impairing pollution in the VISTAS
                                                      4 CSAPR requires 27 Eastern states to limit their     measures include, among other things,                 states 5 and that SO2 point source
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                                                    statewide emissions of SO2 and/or NOX in order to       applicable federal programs (e.g., mobile             emissions are projected to represent
                                                    mitigate transported air pollution unlawfully
                                                                                                            source rules and Maximum Achievable                   more than 95 percent of the total SO2
                                                    impacting other states’ ability to attain or maintain                                                         emissions in the VISTAS states in
                                                    four NAAQS: The 1997 ozone NAAQS, the 1997              Control Technology standards) and
                                                    annual PM2.5 NAAQS, the 2006 24-hour PM2.5              federal and state control strategies for
                                                    NAAQS, and the 2008 8-hour ozone NAAQS. The             EGUs. Georgia also described the court                  5 Sulfate levels on the 20 percent worst days

                                                    CSAPR emissions limitations are defined in terms                                                              account for 60–70 percent of the visibility
                                                    of maximum statewide budgets for emissions of
                                                                                                            decisions addressing CAIR and CSAPR                   impairment at Georgia’s Class I areas. For additional
                                                    annual SO2, annual NOX, and/or ozone-season NOX         at the time of Progress Report                        information, see Georgia’s February 11, 2010,
                                                    by each covered state’s large EGUs.                     development.                                          regional haze plan submittal at page 13.



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                                                    38656                  Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

                                                    2018.6 As discussed below in Section                    Georgia Power’s Yates Steam Electric                     below. The State documents the
                                                    II.A.5, Georgia determined that sulfates                Generating Plant converted Units 6 and                   implementation status of measures from
                                                    continue to be the largest contributor to               7 from coal to natural gas.13 The State                  its regional haze plan in addition to
                                                    regional haze for Class I areas in the                  notes that the emissions reductions from                 describing additional measures not
                                                    State.                                                  these measures will help ensure that                     originally accounted for in the final
                                                       Georgia also reviewed the status of                  Class I areas impacted by Georgia                        VISTAS emissions inventory that came
                                                    SO2 controls for 11 non-EGU emissions                   sources achieve their RPGs.                              into effect since the VISTAS analyses
                                                    units at seven facilities in the State                     Regarding the impact of sources                       for the regional haze plan were
                                                    which were included in the universe of                  outside of the State on Class I areas in                 completed. Georgia reviewed the status
                                                    emissions units initially determined                    Georgia, GA EPD sent letters to Florida,                 of BART requirements for the two
                                                    eligible for a reasonable progress control              South Carolina, and Tennessee                            BART-subject non-EGU sources in the
                                                    analysis.7 Of these 11 emissions units,                 pertaining to emissions units within                     State and reviewed the status of
                                                    six units at three facilities accepted                  these states that it believes contribute to              additional reasonable progress controls
                                                    permit limits to exempt out of being                    visibility impairment at Georgia’s Class                 for these two sources. The State’s
                                                    subject to a reasonable progress control                I areas using the State’s methodology for                Progress Report also discusses the status
                                                    analysis; 8 the State determined that the               determining sources eligible for a                       of existing and future expected SO2
                                                    BART-related controls for three units at                reasonable progress control                              controls for Georgia’s EGUs because, in
                                                    two facilities satisfied reasonable                     determination.14 Georgia consulted with                  its regional haze plan, Georgia identified
                                                    progress; 9 and for the remaining two                   these states regarding these sources and                 SO2 emissions from coal-fired EGUs as
                                                    units at two facilities, Georgia required               opted not to rely upon any additional                    the key contributor to regional haze in
                                                    additional controls.10 At the time of                   emissions reductions from sources                        the VISTAS region.
                                                    Progress Report submission, all units                   located outside the State’s boundaries
                                                    have required permit limits in place and                beyond those already identified in the                   2. Emissions Reductions
                                                    have met or are expected to meet the                    State’s regional haze plan.15                               As discussed above, Georgia focused
                                                    required control due dates.11                              Regarding the impact of Georgia’s
                                                                                                                                                                     its assessment on SO2 emissions from
                                                       In addition, the State discusses the                 sources on Class I areas outside of the
                                                    status of several measures that were not                State, Georgia applied its area of                       EGUs because of VISTAS’ findings that
                                                    included in the final VISTAS emissions                  influence methodology to identify                        ammonium sulfate is the primary
                                                    inventory and were not relied upon in                   sources in the State that have emissions                 component of visibility-impairing
                                                    the initial regional haze plan to meet                  units with impacts large enough to                       pollution in the VISTAS states. In its
                                                    RPGs, including EPA’s Mercury and Air                   potentially warrant further evaluation                   Progress Report, Georgia presents SO2
                                                    Toxics Rule, a 2011 federal consent                     and analysis because, at the time of                     emissions data for 23 coal-fired EGUs at
                                                    agreement with the Tennessee Valley                     Georgia’s SIP development, many of                       seven facilities in the State that, at the
                                                    Authority, and EGU retirements and                      these states had not yet defined their                   time the State submitted its February 11,
                                                    fuel conversions that have occurred or                  criteria for identifying sources to                      2010, regional haze plan, were
                                                    are planned to occur before 2018.                       evaluate for reasonable progress. The                    scheduled to install SO2 controls as a
                                                    Georgia Power decertified and retired 15                State identified eight emissions units in                result of Rule (sss).17 Eleven of these
                                                    fossil fuel fired EGUs (10 coal-fired,                  Georgia within the area of influence of                  coal-fired EGUs were identified by
                                                    three oil-fired, and two gas-fired units)               seven Class I areas in five neighboring                  Georgia as having visibility impacts at
                                                    between 2013 and 2016.12 Further,                       states. Georgia determined that there are                one or more neighboring Class I areas.
                                                                                                            no additional control measures for these                 As of the time that Georgia developed
                                                       6 For additional information, see Georgia’s          Georgia emissions units that would be                    its Progress Report, all planned controls
                                                    February 11, 2010, regional haze plan submittal at      reasonable to implement to mitigate                      had been implemented either early or
                                                    page 76.                                                                                                         on time and the requirements for
                                                       7 See Table 2–3 of Georgia’s Progress Report,
                                                                                                            visibility impacts in Class I areas in the
                                                                                                            five neighboring states.16                               controls in 2013 or later are still in
                                                    pp.20–22. This table excludes EGU and non-EGU
                                                    units where existing controls or CAIR controls were        EPA proposes to find that Georgia                     place. Georgia Power—Plant
                                                    determined to satisfy reasonable progress for the       adequately addressed the applicable                      McDonough retired Units 1 and 2 prior
                                                    first implementation period.                            provisions under 40 CFR 51.308(g)                        to their control dates in 2012 and 2011,
                                                       8 The following six units in Georgia have permit
                                                                                                            regarding the implementation of control                  respectively, for FGD controls.
                                                    limits which exempt them from being eligible for
                                                    a reasonable progress analysis: Packaging               measures for the reasons discussed                          Based on EGU emissions projections
                                                    Corporation of America C E Boiler; Rayonier                                                                      from its regional haze plan, Georgia
                                                    Performance Fibers—Jessup Mill Power Boilers 2          documentation of these retirements and fuel              notes that the estimated total SO2
                                                    and 3 and Recovery Furnaces 1 and 4; and Southern       conversions are located in the docket for this
                                                    States Phosphate and Fertilizer Sulfuric Acid Plant     proposed action.
                                                                                                                                                                     emission reductions for these coal-fired
                                                    2.                                                         13 Id.                                                EGUs from 2002 to 2018 would be
                                                       9 The following three units in Georgia have             14 See 77 FR 11474–11475.                             441,989 tons per year (tpy) and from
                                                    implemented BART-related controls by the required          15 See 77 FR 11475.                                   2002 to 2009 would be 161,949 tpy.
                                                    due dates: Georgia Pacific Cedar Springs—Power
                                                    Boilers U500 and U501 (BART exemption limits)
                                                                                                               16 In its regional haze plan, the State identified,
                                                                                                                                                                     Actual SO2 emissions reductions
                                                                                                            through an area of influence modeling analysis           implemented by the end of 2009 totaled
                                                    and Interstate Paper Power Boiler F1 (BART control
                                                                                                            based on back trajectories, seven Class I areas in
                                                    limits).
                                                                                                            five neighboring states potentially impacted by          184,215 tpy of SO2, over 20,000 tpy
                                                       10 The following two units in Georgia are
                                                                                                            Georgia sources using the State’s reasonable             greater than originally projected through
                                                    applying additional control measures to meet their      progress eligibility criteria as a screening tool:       2009 in Georgia’s regional haze plan.
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                                                    permit limits which satisfy reasonable progress:        Sipsey Wilderness Area (AL), Saint Marks
                                                    Georgia Pacific Brunswick Cellulose Power Boiler                                                                 Georgia also estimates in its Progress
                                                                                                            Wilderness Area (FL), Shining Rock Wilderness
                                                    No. 4 and International Paper—Savannah Mill             Area (NC), Swanquarter Wilderness Area (NC),             Report that an additional 93,000 tons of
                                                    Power Boiler 13.                                        Great Smoky Mountains National Park (NC/TN),             SO2 emissions reductions were achieved
                                                       11 See Table 2–3 of Georgia’s Progress Report,
                                                                                                            Joyce Kilmer-Slickrock Wilderness Area (NC/TN),          from 2010 through 2012.18
                                                    pp.20–22.                                               and Cape Romain Wilderness Area (SC). See 77 FR
                                                       12 See page 24 of Georgia’s Progress Report and      11474 (February 27, 2012). Georgia evaluated the 20
                                                                                                                                                                       17 See Table 2–2 on pages 15–18 of Georgia’s
                                                    a November 18, 2016, email from Georgia to EPA          percent worst day visibility conditions for these
                                                    documenting these EGU retirements. The Progress         areas. See pages 42–43 and Appendix D of Georgia’s       Progress Report.
                                                    Report, email from the State, and associated            Progress Report.                                           18 See page 14 of Georgia’s Progress Report.




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                                                                                   Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules                                                                       38657

                                                       Georgia’s Progress Report also                                          Rain Program. This data shows a decline                        actual SO2 emissions from Georgia
                                                    includes SO2 and NOX emissions data                                        in these emissions over this time period.                      EGUs obtained from EPA’s Clean Air
                                                    from 2002–2011 for EGUs in the State                                       From 2002–2011, SO2 emissions from                             Markets Division (CAMD) database.
                                                    and for EGUs in the VISTAS region that                                     these EGUs in Georgia decreased by                             EGU SO2 emissions dropped from 2007
                                                    are subject to reporting under the Acid                                    325,795 tons annually. Table 1 shows                           to 2011 by 448,625 tons.

                                                                                                               TABLE 1—GEORGIA EGU SO2 EMISSIONS FROM CAMD
                                                                                                                                                         [2007–2011]

                                                                                SO2 Emissions (tons)                                                    2007                     2008           2009                2010               2011

                                                    CAMD EGU Emissions ........................................................                            635,484                514,539         262,337             218,904            186,859
                                                    Change from 2007 ...............................................................                             0                120,945         373,147             416,580            448,625



                                                      EPA proposes to conclude that                                            3. Visibility Progress                                         baseline period for its Class I areas.19
                                                    Georgia has adequately addressed 40                                                                                                       Table 2 shows the current visibility
                                                    CFR 51.308(g). As discussed above, the                                       In its Progress Report, Georgia                              conditions and the difference between
                                                    State provides estimates, and where                                        provides figures with visibility                               current visibility conditions and
                                                    available, actual emissions reductions of                                  monitoring data for the State’s three                          baseline visibility conditions. Table 3
                                                    SO2 and NOX at EGUs in the State.                                          Class I areas. Georgia reported current                        shows the changes in visibility from
                                                                                                                               conditions as the 2006–2010 five-year                          2005–2010 in terms of five-year
                                                                                                                               time period and used the 2000–2004                             averages.

                                                               TABLE 2—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN CLASS I AREAS IN GEORGIA
                                                                                                                                                                             Baseline          Current                                 RPG
                                                                                                    Class I area                                                                                                 Difference
                                                                                                                                                                           (2000–2004)      (2006–2010)                               (2018)

                                                    20% Worst Days
                                                    Cohutta ............................................................................................................            30.25              26.18           ¥4.07                22.80
                                                    Okefenokee ......................................................................................................               27.13              25.01           ¥2.13                23.82
                                                    Wolf Island .......................................................................................................             27.13              25.01           ¥2.13                23.82
                                                    20% Best Days
                                                    Cohutta ............................................................................................................            13.77              12.18           ¥1.59                11.75
                                                    Okefenokee ......................................................................................................               15.23              14.19           ¥1.04                13.92
                                                    Wolf Island .......................................................................................................             15.23              14.19           ¥1.04                13.92


                                                                                              TABLE 3—CHANGES IN FIVE-YEAR VISIBILITY AVERAGES FROM 2005–2010
                                                                                                                                                                                                                                     Change
                                                             Class I area                          2005                       2006                      2007                     2008           2009                2010           (2010–2005)

                                                    20% Worst Days
                                                    Cohutta 20 .....................                      30.43                      30.52                     30.43                29.63              28.01             26.18             ¥4.24
                                                    Okefenokee ..................                         27.14                      27.24                     27.21                26.88              26.00             25.01             ¥2.13
                                                    Wolf Island ...................                       27.14                      27.24                     27.21                26.88              26.00             25.01             ¥2.13
                                                    20% Best Days
                                                    Cohutta 21 .....................                      13.88                      13.63                     13.62                13.43               12.5             12.18             ¥1.70
                                                    Okefenokee ..................                         14.95                      15.03                     14.90                14.90              14.46             14.19             ¥0.75
                                                    Wolf Island ...................                       14.95                      15.03                     14.90                14.90              14.46             14.19             ¥0.75



                                                      All Georgia Class I areas saw an                                         conditions (2000–2004), current                                emissions inventory for 2007 and
                                                    improvement in visibility between                                          conditions based on the most recently                          compares this data to the baseline
                                                    baseline and 2006–2010 conditions and                                      available visibility monitoring data                           emissions inventory for 2002 (actual
                                                    an overall decline in the five-year                                        available at the time of Progress Report                       and typical emissions) from its regional
                                                    visibility averages from 2006–2010.                                        development, and the change in                                 haze plan.22 The pollutants inventoried
                                                      EPA proposes to find that Georgia has                                    visibility impairment from 2006–2010.                          include volatile organic compounds
                                                    adequately addressed the applicable                                                                                                       (VOC), ammonia (NH3), NOX, coarse
                                                                                                                               4. Emissions Tracking
                                                    provisions under 40 CFR 51.308(g)                                                                                                         particulate matter (PM10), fine
                                                    regarding visibility conditions because                                      In its Progress Report, Georgia
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                                                    the State provided baseline visibility                                     includes data from a statewide actual
                                                      19 For the first regional haze plans, ‘‘baseline’’                         20 There is no annual average for Cohutta for the            shut down or operating above or below normal, the
                                                    conditions were represented by the 2000–2004 time                          year 2006.                                                     emissions are normalized to a typical emissions
                                                    period. See 64 FR 35730 (July 1, 1999). Wolf Island                          21 Id.                                                       inventory year. The purpose is to smooth out
                                                    Wilderness Area does not have a visibility monitor;                          22 For the typical 2002 stationary point source
                                                                                                                                                                                              potential anomalies in EGU emissions (related to
                                                    therefore, visibility data from Okefenokee                                                                                                meteorology, economic, and outage factors) in a
                                                    Wilderness Area is used for both areas given their                         emissions inventory, Georgia adjusted the EGU                  given year. The typical year data is used to develop
                                                    proximity. For more information, see 77 FR 11459.                          emissions for a typical year so that if sources were           projected typical future year emissions inventories.



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                                                    38658                           Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

                                                    particulate matter (PM2.5), and SO2.23                                      work was done to improve and verify its                  Table 4 shows that actual emissions of
                                                    The emissions inventories include the                                       accuracy. Georgia estimated on-road                    PM2.5 in 2007 are slightly higher than
                                                    following source classifications: Point,                                    mobile source emissions in the 2007                    2002 emissions. Both the 2002 and 2007
                                                    area, biogenics, non-road mobile, and                                       inventory using EPA’s MOVES model.                     actual emissions inventories are lower
                                                    on-road mobile sources.                                                     This model tends to estimate higher                    than the projected emissions for 2009
                                                      Georgia’s Progress Report narrative                                       emissions for NOX and PM than its                      and 2018 from Georgia’s regional haze
                                                    includes the actual and typical                                             previous counterpart, EPA’s MOBILE6.2                  plan. The State notes that the increase
                                                    emissions inventories from its regional                                     model, used by the State to estimate on-               in on-road mobile PM2.5 emissions from
                                                    haze plan for 2002, and summarizes                                          road mobile source emissions for the                   2002 to 2007 is due to the change from
                                                    actual emissions data for SO2, NOX, and                                     2002 inventories. Georgia also included                MOBILE 6.2 to the MOVES model and
                                                    PM2.5 from 2007.24 Although EPA’s                                           projected emissions data from its                      that the decrease in area source PM2.5
                                                    2008 National Emissions Inventory was                                       February 11, 2010, regional haze plan                  emissions from 2002 to 2007 is mainly
                                                    available, Georgia believes that the 2007                                                                                          due to a change in the methodology
                                                                                                                                submittal for these visibility-impairing
                                                    inventory was a more accurate and more                                                                                             used for calculating this sector’s
                                                                                                                                pollutants for the years 2009 and 2018.
                                                    detailed inventory because additional                                                                                              emissions.

                                                                                                                                          TABLE 4—PM2.5 EMISSIONS
                                                                                                                                                        [tons]

                                                                                                                                                                                                         2009 Pro-          2018 Pro-
                                                                                            Sector                                                2002 Actual      2002 Typical       2007 Actual          jected             jected

                                                    Point .....................................................................................        22,401              22,532           25,058             29,890             36,297
                                                    Area ......................................................................................       103,726             103,726           83,594            111,924            123,610
                                                    On-road ................................................................................            5,168               5,168           13,681              3,840              2,380
                                                    Non-road ..............................................................................             8,226               8,226            6,608              7,175              5,730
                                                    Fires .....................................................................................        57,293              55,712           68,766             57,087             57,087

                                                          Total ..............................................................................        196,814             195,364          197,707            209,916            225,104



                                                      Table 5 shows that actual emissions of                                    from Georgia’s regional haze plan.                     the decrease in point source NOX is due
                                                    NOX in 2007 are slightly higher than                                        Georgia notes that the increase in on-                 to the installation of emissions controls.
                                                    2002 emissions. With the exception of                                       road mobile NOX emissions from 2002                    Georgia notes in its Progress Report that
                                                    area sources, both the 2002 and 2007                                        to 2007 is due to the change to the                    if there was no change in the mobile
                                                    actual emissions inventories for all                                        MOVES model; the decrease in area                      model used, the State would expect that
                                                    other source categories remain higher                                       source NOX emissions is mainly due to                  2007 emissions would be less than the
                                                    than or approximately equal to the                                          a change in the methodology used for                   2002 base year emissions for NOX.
                                                    projected emissions for 2009 and 2018                                       calculating this sector’s emissions and
                                                                                                                                           TABLE 5—NOX EMISSIONS
                                                                                                                                                        [tons]

                                                                                                                                                    2002               2002              2007              2009               2018
                                                                                            Sector                                                  Actual            Typical            Actual          Projected          Projected

                                                    Point .....................................................................................       196,767             197,377          154,041            148,850            125,680
                                                    Area ......................................................................................        36,105              36,105           12,351             37,689             41,282
                                                    On-road ................................................................................          307,732             307,732          396,837            209,349            102,179
                                                    Non-road ..............................................................................            97,961              97,961           91,081             85,733             64,579
                                                    Fires .....................................................................................        14,203              13,882           19,429             14,236             14,236

                                                          Total ..............................................................................        652,768             653,057          673,739            495,857            347,956



                                                      Table 6 shows that actual emissions of                                    increase in point source SO2 emissions                 summarized in Table 1, above). The
                                                    SO2 from point sources and fires are                                        from 2002 to 2007 is due to increased                  State attributes these decreased
                                                    higher in 2007 than 2002. Georgia notes                                     electricity generation. Despite the                    emissions to FGD being installed at
                                                    that the decrease in area source SO2                                        increase from 2002 to 2007 in point                    several of the coal-fired EGUs in
                                                    emissions is mainly due to a change in                                      source emissions of SO2, significant                   Georgia.
                                                    the methodology used for calculating                                        emissions reductions occurred in this
                                                    this sector’s emissions and that the                                        sector from 2007 to 2011 (as
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                                                      23 See Appendices F through I of Georgia’s                                Report narrative because VISTAS performed              region, including Georgia. See 77 FR 11456, 11460
                                                    Progress Report for inventories of these pollutants.                        modeling sensitivity analyses which demonstrated       (February 27, 2012).
                                                      24 Georgia focuses on the visibility-impairing                            that anthropogenic emissions of VOC and NH3 do
                                                    pollutants of SO2, NOX, and PM2.5 in its Progress                           not significantly impair visibility in the VISTAS



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                                                                                    Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules                                                      38659

                                                                                                                                            TABLE 6—SO2 EMISSIONS
                                                                                                                                                        [tons]

                                                                                                                                                   2002                2002              2007              2009         2018
                                                                                            Sector                                                 Actual             Typical            Actual          Projected    Projected

                                                    Point .....................................................................................       568,731             571,411          683,358          462,666      127,864
                                                    Area ......................................................................................        57,555              57,555            4,858           57,692       59,724
                                                    On-road ................................................................................           12,184              12,184            6,407            1,585        1,457
                                                    Non-road ..............................................................................             9,005               9,005            5,983            2,725        1,709
                                                    Fires .....................................................................................         3,372               2,815            4,492            2,912        2,912

                                                          Total ..............................................................................        650,847             652,970          705,098          527,580      193,666



                                                       EPA proposes to find that Georgia                                        preliminarily agrees with Georgia’s                    sources in Georgia under the terms of a
                                                    adequately addressed the provisions of                                      conclusion that there have been no                     FIP. Georgia’s regional haze plan
                                                    40 CFR 51.308(g) regarding emissions                                        significant changes in emissions of                    accordingly does not contain sufficient
                                                    tracking because the State compared the                                     visibility-impairing pollutants which                  provisions to ensure that the RPGs of
                                                    most recent updated emission inventory                                      have limited or impeded progress in                    Class I areas in nearby states will be
                                                    data available at the time of Progress                                      reducing emissions and improving                       achieved. The term ‘‘implementation
                                                    Report development with the baseline                                        visibility in Class I areas impacted by                plan,’’ however, is defined for purposes
                                                    emissions used in the modeling for the                                      the State’s sources.                                   of the Regional Haze Rule to mean ‘‘any
                                                    regional haze plan.                                                                                                                [SIP], [FIP], or Tribal Implementation
                                                                                                                                6. Assessment of Current Strategy
                                                                                                                                                                                       Plan.’’ 40 CFR 51.301. Measures in any
                                                    5. Assessment of Changes Impeding                                              The State believes that it is on track              issued FIP, as well as those in a state’s
                                                    Visibility Progress                                                         to meet the 2018 RPGs for Georgia Class                regional haze plan, may therefore be
                                                       In its Progress Report, Georgia                                          I areas and will not impede Class I areas              considered in assessing the adequacy of
                                                    documented that sulfates, which are                                         outside of Georgia from meeting their                  the ‘‘existing implementation plan.’’ As
                                                    formed from SO2 emissions, continue to                                      RPGs based on the trends in visibility                 noted above, Georgia submitted a SIP
                                                    be the biggest single contributor to                                        and emissions presented in its Progress                revision on July 26, 2017, that adopts
                                                    regional haze for Class I areas in the                                      Report. As noted above, Georgia                        provisions for participation in the
                                                    VISTAS states, including Georgia, and                                       provided speciated data for the period                 CSAPR annual NOX and annual SO2
                                                    therefore focused its analysis on large                                     2006 to 2010 for the 20 percent best and               trading programs, including annual NOX
                                                    SO2 emissions from point sources.                                           worst days at Class I areas in and                     and annual SO2 budgets that are equal
                                                    Specifically, Georgia provided data                                         surrounding the VISTAS region,                         to the budgets for Georgia in EPA’s
                                                    showing the composition of PM2.5                                            including Okefenokee and Cohutta,                      CSAPR FIP.
                                                    (‘‘speciated data’’) for Class I areas in                                   showing that sulfates continue to be the                  EPA proposes to find that Georgia has
                                                    the VISTAS region and bordering areas,                                      largest contributor to visibility                      adequately addressed the provisions of
                                                    including Cohutta and Okefenokee, for                                       impairment at these Class I areas.26                   40 CFR 51.308(g) regarding the strategy
                                                    the years 2001 through 2010. This                                           Georgia’s Progress Report shows that                   assessment. In its Progress Report,
                                                    speciated data shows that ammonium                                          SO2 emissions from EGUs in Georgia                     Georgia described the improving
                                                    sulfate continues to be the most                                            have decreased from 2002 to 2011 by                    visibility trends using data from the
                                                    important contributor to visibility                                         325,795 tons; that visibility has                      IMPROVE network and the downward
                                                    impairment and fine particle mass on                                        improved on the 20 percent worst days                  emissions trends in NOX and SO2
                                                    the 20 percent worst and 20 percent best                                    for the State’s Class I areas and the Class            emissions from EGUs in the State. These
                                                    visibility days at all of Georgia’s Class                                   I areas potentially impacted by the                    trends support the State’s determination
                                                    I areas.25 The State notes that there are                                   State’s sources (Cape Romain National                  that its regional haze plan is sufficient
                                                    no significant changes in anthropogenic                                     Wilderness Area in South Carolina,                     to meet RPGs for Class I areas within
                                                    emissions that have impeded progress                                        Shining Rock and Swanquarter                           and outside the State potentially
                                                    in reducing emissions and improving                                         Wilderness Areas in North Carolina,                    impacted by Georgia sources. EPA finds
                                                    visibility in Class I areas impacted by                                     Joyce Kilmer—Slick Rock Wilderness                     that Georgia’s conclusion regarding the
                                                    Georgia sources, and refers to decreases                                    Area and Great Smoky Mountains                         sufficiency of its regional haze plan is
                                                    in point source SO2 emissions from                                          National Park in North Carolina and                    appropriate because CAIR was in effect
                                                                                                                                Tennessee, St. Marks National                          in Georgia through 2014, providing the
                                                    2002 to 2011. Given the heat input data
                                                                                                                                Wilderness Area in Florida, and Sipsey                 emission reductions relied upon in
                                                    reported by CAMD, the State concludes
                                                                                                                                Wilderness Area in Alabama); and that                  Georgia’s regional haze plan through
                                                    that these reductions are not attributable
                                                                                                                                these areas are on track to achieve their              that date. CSAPR is now being
                                                    to reduced power demand. Furthermore,
                                                                                                                                RPGs by 2018.27                                        implemented, and by 2018, the end of
                                                    the Progress Report shows that the State
                                                                                                                                   As discussed in Section II.A.1, above,              the first regional haze implementation
                                                    is on track to meeting its 2018 RPGs for
                                                                                                                                CAIR was implemented during the time                   period, CSAPR will reduce emissions of
                                                    Class I areas in Georgia.
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                                                                                                                                period evaluated by Georgia for its                    SO2 and NOX from EGUs in Georgia by
                                                       EPA proposes to find that Georgia has
                                                                                                                                Progress Report, but has now been
                                                    adequately addressed the provisions of                                                                                             the same amount assumed by EPA when
                                                                                                                                replaced by CSAPR. At the present time,
                                                    40 CFR 51.308(g) regarding an                                                                                                      it issued the CSAPR FIP for Georgia.
                                                                                                                                the requirements of CSAPR apply to
                                                    assessment of significant changes in                                                                                               Because CSAPR will ensure the control
                                                    anthropogenic emissions. EPA                                                  26 See Figures 1–2, 1–3, 1–4, and 1–5 of Georgia’s
                                                                                                                                                                                       of SO2 and NOX emissions reductions
                                                                                                                                Progress Report on pages 5–7.                          relied upon by Georgia and other states
                                                      25 See Appendices A and B of Georgia’s Progress                             27 See pages 42–43 of the narrative and Appendix     in setting their RPGs beginning in
                                                    Report.                                                                     D of Georgia’s Progress Report.                        January 2015 at least through the


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                                                    38660                  Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

                                                    remainder of the first implementation                   to meet their implementation schedules;                in the Unfunded Mandates Reform Act
                                                    period in 2018, EPA is proposing to                     reduction of SO2 emissions continues to                of 1995 (Pub. L. 104–4);
                                                    approve Georgia’s finding that the plan                 be the appropriate strategy for                          • does not have Federalism
                                                    elements and strategies in its                          improvement of visibility in Georgia’s                 implications as specified in Executive
                                                    implementation plan are sufficient to                   Class I areas; EGU SO2 emissions                       Order 13132 (64 FR 43255, August 10,
                                                    achieve the RPGs for the Class I area in                dropped from 2002 to 2011 by 325,795                   1999);
                                                    the State and for Class I areas in nearby               tons,28 and the actual change in                         • is not an economically significant
                                                    states potentially impacted by sources                  visibility through 2010 for Georgia’s                  regulatory action based on health or
                                                    in the State.                                           Class I areas is better than the what the              safety risks subject to Executive Order
                                                                                                            State predicted for 2010 and is                        13045 (62 FR 19885, April 23, 1997);
                                                    7. Review of Current Monitoring                                                                                  • is not a significant regulatory action
                                                    Strategy                                                exceeding the uniform rate of progress.
                                                                                                               EPA proposes to find that Georgia has               subject to Executive Order 13211 (66 FR
                                                       Georgia’s Progress Report summarizes                 adequately addressed 40 CFR 51.308(h)                  28355, May 22, 2001);
                                                    the existing monitoring network in the                  because the visibility trends at the Class               • is not subject to requirements of
                                                    State to monitor visibility in Georgia’s                I areas in the State and at Class I areas              Section 12(d) of the National
                                                    Class I areas and concludes that no                     outside the State potentially impacted                 Technology Transfer and Advancement
                                                    modifications to the existing visibility                by sources within Georgia and the                      Act of 1995 (15 U.S.C. 272 note) because
                                                    monitoring strategy are necessary. The                  emissions trends of the largest emitters               application of those requirements would
                                                    primary monitoring network for regional                 of visibility-impairing pollutants in the              be inconsistent with the CAA; and
                                                    haze, both nationwide and in Georgia, is                                                                         • does not provide EPA with the
                                                                                                            State indicate that the relevant RPGs
                                                    the IMPROVE network. There are                                                                                 discretionary authority to address, as
                                                                                                            will be met.
                                                    currently two IMPROVE sites in                                                                                 appropriate, disproportionate human
                                                    Georgia. One is located in the Cohutta                  III. Proposed Action                                   health or environmental effects, using
                                                    Wilderness Area. The other monitor is                     EPA is proposing to approve Georgia’s                practicable and legally permissible
                                                    located in the Okefenokee Wilderness                    Regional Haze Progress Report SIP                      methods, under Executive Order 12898
                                                    area and serves as the monitoring site                  revision, submitted by the State on                    (59 FR 7629, February 16, 1994).
                                                    for both the Okefenokee and Wolf Island                                                                          The SIP is not approved to apply on
                                                                                                            January 8, 2014, as meeting the
                                                    Wilderness Areas.                                                                                              any Indian reservation land or in any
                                                                                                            applicable regional haze requirements
                                                       The State also explains the                                                                                 other area where EPA or an Indian tribe
                                                                                                            set forth in 40 CFR 51.308(g) and
                                                    importance of the IMPROVE monitoring                                                                           has demonstrated that a tribe has
                                                                                                            51.308(h).
                                                    network for tracking visibility trends at                                                                      jurisdiction. In those areas of Indian
                                                    Class I areas in Georgia, noting that                   IV. Statutory and Executive Order                      country, the rule does not have tribal
                                                    because IMPROVE monitoring data from                    Reviews                                                implications as specified by Executive
                                                    2000–2004 serve as the baseline for the                                                                        Order 13175 (65 FR 67249, November 9,
                                                                                                               Under the CAA, the Administrator is
                                                    regional haze program, the future                                                                              2000), nor will it impose substantial
                                                                                                            required to approve a SIP submission
                                                    regional haze monitoring strategy                                                                              direct costs on tribal governments or
                                                                                                            that complies with the provisions of the
                                                    should be based on IMPROVE data (or                                                                            preempt tribal law.
                                                                                                            Act and applicable federal regulations.
                                                    data directly comparable to IMPROVE
                                                                                                            See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                List of Subjects in 40 CFR Part 52
                                                    data). Georgia also highlights that the
                                                                                                            Thus, in reviewing SIP submissions,                      Environmental protection, Air
                                                    IMPROVE measurements provide the
                                                                                                            EPA’s role is to approve state choices,                pollution control, Incorporation by
                                                    only long-term record available for
                                                                                                            provided that they meet the criteria of                reference, Intergovernmental relations,
                                                    tracking visibility improvement or
                                                                                                            the CAA. Accordingly, this proposed                    Nitrogen oxides, Particulate matter,
                                                    degradation. The Visibility Information
                                                                                                            action merely proposes to approve state                Reporting and recordkeeping
                                                    Exchange Web System Web site has
                                                                                                            law as meeting federal requirements and                requirements, Sulfur dioxide, Volatile
                                                    been maintained by VISTAS and the
                                                                                                            does not impose additional                             organic compounds.
                                                    other Regional Planning Organizations
                                                                                                            requirements beyond those imposed by
                                                    to provide ready access to the IMPROVE                                                                           Authority: 42 U.S.C. 7401 et seq.
                                                                                                            state law. For that reason, this proposed
                                                    data and data analysis tools.
                                                                                                            action:                                                  Dated: August 7, 2017.
                                                       EPA proposes to find that Georgia has
                                                    adequately addressed the applicable                        • Is not a significant regulatory action            V. Anne Heard,
                                                    provisions of 40 CFR 51.308(g)                          subject to review by the Office of                     Acting Regional Administrator, Region 4.
                                                    regarding monitoring strategy because                   Management and Budget under                            [FR Doc. 2017–17229 Filed 8–14–17; 8:45 am]
                                                    the State reviewed its visibility                       Executive Orders 12866 (58 FR 51735,                   BILLING CODE 6560–50–P
                                                    monitoring strategy and determined that                 October 4, 1993) and 13563 (76 FR 3821,
                                                    no further modifications to the strategy                January 21, 2011);
                                                    are necessary.                                             • does not impose an information                    ENVIRONMENTAL PROTECTION
                                                                                                            collection burden under the provisions                 AGENCY
                                                    B. Determination of Adequacy of                         of the Paperwork Reduction Act (44
                                                    Existing Regional Haze Plan                             U.S.C. 3501 et seq.);                                  40 CFR Part 52
                                                       In its Progress Report, Georgia                         • is certified as not having a                      [EPA–R04–OAR–2017–0360; FRL–9966–39–
                                                    submitted a declaration to EPA that the                 significant economic impact on a                       Region 4]
mstockstill on DSK30JT082PROD with PROPOSALS




                                                    existing regional haze plan requires no                 substantial number of small entities
                                                    further substantive revision at this time               under the Regulatory Flexibility Act (5                Air Plan Approval; Alabama:
                                                    to achieve the RPGs for Class I areas                   U.S.C. 601 et seq.);                                   Prevention of Significant Deterioration
                                                    affected by the State’s sources. The basis                 • does not contain any unfunded                     Updates
                                                    for the State’s declaration is the findings             mandate or significantly or uniquely
                                                                                                                                                                   AGENCY:  Environmental Protection
                                                    from the Progress Report, including the                 affect small governments, as described
                                                                                                                                                                   Agency.
                                                    findings that: The control measures in
                                                                                                                                                                   ACTION: Proposed rule.
                                                    Georgia’s regional haze plan are on track                 28 See   page 39 of Georgia’s Progress Report.



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Document Created: 2017-08-15 01:12:55
Document Modified: 2017-08-15 01:12:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before September 14, 2017.
ContactMichele Notarianni, 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. Ms. Notarianni can be reached by phone at (404) 562-9031 and via electronic mail at [email protected]
FR Citation82 FR 38654 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide and Volatile Organic Compounds

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