82_FR_44703 82 FR 44519 - Air Plan Approval; GA: Emission Reduction Credits

82 FR 44519 - Air Plan Approval; GA: Emission Reduction Credits

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 184 (September 25, 2017)

Page Range44519-44521
FR Document2017-20336

The Environmental Protection Agency (EPA) is taking direct final action to approve changes to the Georgia State Implementation Plan (SIP) to revise the Emission Reduction Credits (ERC) regulation. EPA is approving portions of the SIP revision submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD) on September 15, 2008. The revision expands the eligibility for sources in Barrow County that can participate in the ERC Program, adds a provision for reevaluation of the Certificates of ERC, changes the administrative fees, and eliminates an exemption for certain types of ERCs. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 184 (Monday, September 25, 2017)
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Rules and Regulations]
[Pages 44519-44521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2009-0226; FRL-9968-17-Region 4]


Air Plan Approval; GA: Emission Reduction Credits

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve changes to the Georgia State Implementation 
Plan (SIP) to revise the Emission Reduction Credits (ERC) regulation. 
EPA is approving portions of the SIP revision submitted by the State of 
Georgia, through the Georgia Department of Natural Resources' 
Environmental Protection Division (GA EPD) on September 15, 2008. The 
revision expands the eligibility for sources in Barrow County that can 
participate in the ERC Program, adds a provision for reevaluation of 
the Certificates of ERC, changes the administrative fees, and 
eliminates an exemption for certain types of ERCs. This action is being 
taken pursuant to the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective November 24, 2017 without 
further notice, unless EPA receives adverse comment by October 25, 
2017. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2009-0226 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: Sean Lakeman, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Lakeman can be reached via telephone at (404) 562-9043 
or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 15, 2008, GA EPD submitted a SIP revision to EPA for 
approval that involves changes to Georgia's emissions reduction credits 
rule and the administrative fees found in Georgia Rule 391-3-1-.03(13). 
Rule 391-3-1-.03(13) provides for the creation, banking, transfer, and 
use of nitrogen oxides (NOX) and volatile organic compounds 
(VOC) ERCs in Federally designated ozone nonattainment areas in Georgia 
and administrative fees associated with the ERC Program.
    GA EPD oversees the ERC Program, which was created in 1999 and 
approved into Georgia's SIP on July 10, 2001 (66 FR 35906). The ERC 
Program facilitates construction permitting for major emission sources 
that are subject to Nonattainment New Source Review (NNSR) permitting 
in Georgia ozone nonattainment areas. Emissions point sources within 
the 25-county area surrounding Atlanta that require Best Available 
Control Technology (BACT) and offset permitting are also eligible for 
the ERC Program.
    The ERC Program allows eligible sources that voluntarily reduce 
emissions in the affected counties to certify and ``bank'' these 
reductions as ERCs for future use by themselves or others. The banked 
ERCs hold their value for ten years, at which point they begin 
devaluing ten percent per year until they have reached 50 percent of 
their original value. The ERC Program is intended to help the Atlanta 
area achieve compliance with federal standards for ground-level ozone. 
The

[[Page 44520]]

ERC does not allow for any increase in emissions of NOX or 
VOC in the area to which it is applicable. In this action, EPA is 
approving the portion of Georgia's submission that makes changes to the 
applicability, discounting and revocation, and administrative fees 
sections of Rule 391-3-1-.03(13)--``Emission Reduction Credits.''

II. Analysis of State's Submittals

    The September 15, 2008, SIP revision involves changes to Georgia's 
Rule 391-3-1-.03--``Permits'' paragraph (13) ``Emissions Reduction 
Credits,'' which provides for the creation, banking, transfer, and use 
of NOX and VOC ERCs in Federally designated ozone 
nonattainment areas in Georgia, as well as administrative fees 
associated with the ERC Program. Georgia's September 15, 2008, changes 
to 391-3-1-.03(13) include:

--Under applicability paragraph (a), Georgia modifies eligibility to 
participate in the ERC Program for stationary sources in Barrow County 
by removing Barrow County from the list of counties with sources 
eligible to create and bank NOX and VOC ERCs only for 
electric generating units that have the potential to emit 
NOX and VOC emissions in amounts greater than 100 tons per 
year (tpy), and adding Barrow County to the list of counties with 
sources eligible to create and bank NOX and VOC ERCs for any 
stationary source that has the potential to emit NOX and VOC 
emissions in amounts greater than 100 tpy. This change expands the 
universe of stationary sources in Barrow County that may voluntarily 
reduce NOX and VOC emissions and then credit those 
reductions at an equal or reduced rate against future emissions of 
those pollutants--thus incentivizing overall emissions reductions. 
Accordingly, EPA is approving this change as SIP strengthening.
--Under discounting and revocation of ERCs paragraph (d), Georgia 
removes a provision that previously allowed ERCs created through the 
shutdown of individual process equipment to retain their value 
indefinitely. Like ERCs created through other methods, these ERCs will 
now retain their original value for ten years, at which point they will 
begin devaluing ten percent per year until they have reached 50 percent 
of their original value. EPA has concluded that the removal of this 
provision will strengthen Georgia's SIP because the change will 
decrease the value of these ERCs when they are used to offset emissions 
occurring more than ten years in the future, thus reducing overall 
emissions in areas where the Program is implemented. Accordingly, EPA 
is approving the revision to the Georgia SIP.
--Under discounting and revocation of ERCs paragraph (d), Georgia adds 
a new provision that allows owners to re-evaluate certificates of ERCs 
to determine if credits specified in the certificate have been 
discounted or revoked in accordance with the requirements of Rule 391-
3-1-.03(13)(d)1. EPA is approving this provision as consistent with 
section 110(a) of the CAA.
--Under administrative fees paragraph (h), Georgia revises the 
administrative fees for the ERCs program. EPA is approving this 
provision as consistent with section 110(a) of the CAA.

    EPA has concluded that these changes will not interfere with any 
applicable requirement concerning attainment and reasonable progress, 
nor any other applicable requirement of the CAA. EPA is therefore 
approving these changes to the Georgia SIP.\1\
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    \1\ Other portions of the September 15, 2008, submission were 
previously approved, and therefore, are not before EPA for 
consideration in this action. See 77 FR 59554 (September 28, 2012) 
and 79 FR 36218 (June 26, 2014).
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III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of Georgia Rule 
391-3-1-.03--``Permits,'' effective September 11, 2008. EPA has made, 
and will continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information). Therefore, this material has been 
approved by EPA for inclusion in the SIP, has been incorporated by 
reference by EPA into that plan, are fully federally enforceable under 
sections 110 and 113 of the CAA as of the effective date of the final 
rulemaking of EPA's approval, and will be incorporated by reference by 
the Director of the Federal Register in the next update to the SIP 
compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the CFR and the CAA. EPA is publishing this rule 
without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve the SIP revision should adverse comments be 
filed. This rule will be effective November 24, 2017 without further 
notice unless the Agency receives adverse comments by October 25, 2017.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All adverse comments received will then be addressed 
in a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on November 24, 2017 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described

[[Page 44521]]

in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 24, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds.

    Dated: September 13, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR Part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. In Sec.  52.570, the table in paragraph (c) is amended by revising 
the entry ``391-3-1-.03'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                         State
         State citation            Title/subject       effective       EPA approval date         Explanation
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                               Emission Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.03....................  Permits..........       9/11/2008  9/25/2017, [insert      ....................
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-20336 Filed 9-22-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                   Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations                                        44519

                                                  an extended 16 to 23-year period. The                     Dated: September 12, 2017.                          should include discussion of all points
                                                  estimated rate is based on the default                  Neal Rackleff,                                        you wish to make. EPA will generally
                                                  and recovery rates for general purpose                  Assistant Secretary for Community Planning            not consider comments or comment
                                                  municipal debt and industrial                           and Development.                                      contents located outside of the primary
                                                  development bonds. The cumulative                       [FR Doc. 2017–20474 Filed 9–22–17; 8:45 am]           submission (i.e., on the web, cloud, or
                                                  default rates on industrial development                 BILLING CODE 4210–67–P                                other file sharing system). For
                                                  bonds (14.62 percent) were higher than                                                                        additional submission methods, the full
                                                  the default rates on general purpose                                                                          EPA public comment policy,
                                                  municipal debt (0.25 percent) during the                ENVIRONMENTAL PROTECTION                              information about CBI or multimedia
                                                  period from which the data were taken.                  AGENCY                                                submissions, and general guidance on
                                                  (The recovery rates for industrial                                                                            making effective comments, please visit
                                                  development bonds and general purpose                   40 CFR Part 52                                        http://www2.epa.gov/dockets/
                                                  debt were 74.76 and 90.27 percent,                                                                            commenting-epa-dockets.
                                                                                                          [EPA–R04–OAR–2009–0226; FRL–9968–17–
                                                  respectively.) These two subsectors of                  Region 4]                                             FOR FURTHER INFORMATION CONTACT:
                                                  municipal debt were chosen because                                                                            Sean Lakeman, Air Regulatory
                                                  their purposes and loan terms most                      Air Plan Approval; GA: Emission                       Management Section, Air Planning and
                                                  closely resemble those of Section 108                   Reduction Credits                                     Implementation Branch, Air, Pesticides
                                                  guaranteed loans.                                                                                             and Toxics Management Division, U.S.
                                                                                                          AGENCY: Environmental Protection                      Environmental Protection Agency,
                                                     In this regard, Section 108 guaranteed               Agency.                                               Region 4, 61 Forsyth Street SW.,
                                                  loans can be broken down into two                       ACTION: Direct final rule.                            Atlanta, Georgia 30303–8960. Mr.
                                                  categories: (1) Loans that finance public                                                                     Lakeman can be reached via telephone
                                                  infrastructure and activities to support                SUMMARY:    The Environmental Protection
                                                                                                                                                                at (404) 562–9043 or via electronic mail
                                                  subsidized housing (other than                          Agency (EPA) is taking direct final
                                                                                                                                                                at lakeman.sean@epa.gov.
                                                  financing new construction) and (2)                     action to approve changes to the Georgia
                                                                                                          State Implementation Plan (SIP) to                    SUPPLEMENTARY INFORMATION:
                                                  other development projects (e.g., retail,
                                                  commercial, industrial). The 2.365                      revise the Emission Reduction Credits                 I. Background
                                                  percent fee was derived by weighting                    (ERC) regulation. EPA is approving
                                                                                                          portions of the SIP revision submitted                  On September 15, 2008, GA EPD
                                                  the default and recovery data for general                                                                     submitted a SIP revision to EPA for
                                                                                                          by the State of Georgia, through the
                                                  purpose municipal debt and the data for                                                                       approval that involves changes to
                                                                                                          Georgia Department of Natural
                                                  industrial development bonds according                                                                        Georgia’s emissions reduction credits
                                                                                                          Resources’ Environmental Protection
                                                  to the expected composition of the                                                                            rule and the administrative fees found
                                                                                                          Division (GA EPD) on September 15,
                                                  Section 108 portfolio by corresponding                                                                        in Georgia Rule 391–3–1–.03(13). Rule
                                                                                                          2008. The revision expands the
                                                  project type. Based on the dollar amount                eligibility for sources in Barrow County              391–3–1–.03(13) provides for the
                                                  of Section 108 loan guarantee                           that can participate in the ERC Program,              creation, banking, transfer, and use of
                                                  commitments awarded during the                          adds a provision for reevaluation of the              nitrogen oxides (NOX) and volatile
                                                  period from FY 2012 through FY 2016,                    Certificates of ERC, changes the                      organic compounds (VOC) ERCs in
                                                  HUD expects that 30 percent of the                      administrative fees, and eliminates an                Federally designated ozone
                                                  Section 108 portfolio will be similar to                exemption for certain types of ERCs.                  nonattainment areas in Georgia and
                                                  general purpose municipal debt and 70                   This action is being taken pursuant to                administrative fees associated with the
                                                  percent of the portfolio will be similar                the Clean Air Act (CAA or Act).                       ERC Program.
                                                  to industrial development bonds. In                                                                             GA EPD oversees the ERC Program,
                                                                                                          DATES: This direct final rule is effective
                                                  setting the fee at 2.365 percent of the                                                                       which was created in 1999 and
                                                                                                          November 24, 2017 without further                     approved into Georgia’s SIP on July 10,
                                                  principal amount of the guaranteed                      notice, unless EPA receives adverse
                                                  loan, HUD expects that the amount                                                                             2001 (66 FR 35906). The ERC Program
                                                                                                          comment by October 25, 2017. If EPA                   facilitates construction permitting for
                                                  generated will fully offset the cost to the             receives such comments, it will publish
                                                  Federal government associated with                                                                            major emission sources that are subject
                                                                                                          a timely withdrawal of the direct final               to Nonattainment New Source Review
                                                  making guarantee commitments                            rule in the Federal Register and inform
                                                  awarded in FY 2018. Note that the FY                                                                          (NNSR) permitting in Georgia ozone
                                                                                                          the public that the rule will not take                nonattainment areas. Emissions point
                                                  2018 fee represents a 0.225 percent                     effect.
                                                  decrease from the FY 2017 fee of 2.59                                                                         sources within the 25-county area
                                                  percent. This is due primarily to                       ADDRESSES:   Submit your comments,                    surrounding Atlanta that require Best
                                                  updated loan repayment patterns and                     identified by Docket ID No. EPA–R04–                  Available Control Technology (BACT)
                                                  discount rates used in calculating the                  OAR–2009–0226 at http://                              and offset permitting are also eligible for
                                                  present value of cash flows. These are                  www.regulations.gov. Follow the online                the ERC Program.
                                                                                                          instructions for submitting comments.                   The ERC Program allows eligible
                                                  variables that ordinarily are modified in
                                                                                                          Once submitted, comments cannot be                    sources that voluntarily reduce
                                                  the credit subsidy calculation.
                                                                                                          edited or removed from Regulations.gov.               emissions in the affected counties to
                                                     This document establishes a rate that                EPA may publish any comment received                  certify and ‘‘bank’’ these reductions as
                                                  does not constitute a development                       to its public docket. Do not submit                   ERCs for future use by themselves or
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  decision that affects the physical                      electronically any information you                    others. The banked ERCs hold their
                                                  condition of specific project areas or                  consider to be Confidential Business                  value for ten years, at which point they
                                                  building sites. Accordingly, under 24                   Information (CBI) or other information                begin devaluing ten percent per year
                                                  CFR 50.19(c)(6), this document is                       whose disclosure is restricted by statute.            until they have reached 50 percent of
                                                  categorically excluded from                             Multimedia submissions (audio, video,                 their original value. The ERC Program is
                                                  environmental review under the                          etc.) must be accompanied by a written                intended to help the Atlanta area
                                                  National Environmental Policy Act of                    comment. The written comment is                       achieve compliance with federal
                                                  1969 (42 U.S.C. 4321).                                  considered the official comment and                   standards for ground-level ozone. The


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                                                  44520            Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations

                                                  ERC does not allow for any increase in                     offset emissions occurring more than               views this as a noncontroversial
                                                  emissions of NOX or VOC in the area to                     ten years in the future, thus reducing             submittal and anticipates no adverse
                                                  which it is applicable. In this action,                    overall emissions in areas where the               comments. However, in the proposed
                                                  EPA is approving the portion of                            Program is implemented.                            rules section of this Federal Register
                                                  Georgia’s submission that makes                            Accordingly, EPA is approving the                  publication, EPA is publishing a
                                                  changes to the applicability, discounting                  revision to the Georgia SIP.                       separate document that will serve as the
                                                  and revocation, and administrative fees                 —Under discounting and revocation of                  proposal to approve the SIP revision
                                                  sections of Rule 391–3–1–.03(13)—                          ERCs paragraph (d), Georgia adds a                 should adverse comments be filed. This
                                                  ‘‘Emission Reduction Credits.’’                            new provision that allows owners to                rule will be effective November 24, 2017
                                                                                                             re-evaluate certificates of ERCs to                without further notice unless the
                                                  II. Analysis of State’s Submittals                         determine if credits specified in the              Agency receives adverse comments by
                                                     The September 15, 2008, SIP revision                    certificate have been discounted or                October 25, 2017.
                                                  involves changes to Georgia’s Rule 391–                    revoked in accordance with the                        If EPA receives such comments, then
                                                  3–1–.03—‘‘Permits’’ paragraph (13)                         requirements of Rule 391–3–1–                      EPA will publish a document
                                                  ‘‘Emissions Reduction Credits,’’ which                     .03(13)(d)1. EPA is approving this                 withdrawing the final rule and
                                                  provides for the creation, banking,                        provision as consistent with section               informing the public that the rule will
                                                  transfer, and use of NOX and VOC ERCs                      110(a) of the CAA.                                 not take effect. All adverse comments
                                                  in Federally designated ozone                           —Under administrative fees paragraph                  received will then be addressed in a
                                                  nonattainment areas in Georgia, as well                    (h), Georgia revises the administrative            subsequent final rule based on the
                                                  as administrative fees associated with                     fees for the ERCs program. EPA is                  proposed rule. EPA will not institute a
                                                  the ERC Program. Georgia’s September                       approving this provision as consistent             second comment period. Parties
                                                  15, 2008, changes to 391–3–1–.03(13)                       with section 110(a) of the CAA.                    interested in commenting should do so
                                                  include:                                                   EPA has concluded that these changes               at this time. If no such comments are
                                                                                                          will not interfere with any applicable                received, the public is advised that this
                                                  —Under applicability paragraph (a),
                                                                                                          requirement concerning attainment and                 rule will be effective on November 24,
                                                     Georgia modifies eligibility to
                                                                                                          reasonable progress, nor any other                    2017 and no further action will be taken
                                                     participate in the ERC Program for
                                                                                                          applicable requirement of the CAA. EPA                on the proposed rule. Please note that if
                                                     stationary sources in Barrow County
                                                                                                          is therefore approving these changes to               we receive adverse comment on an
                                                     by removing Barrow County from the
                                                                                                          the Georgia SIP.1                                     amendment, paragraph, or section of
                                                     list of counties with sources eligible
                                                                                                                                                                this rule and if that provision may be
                                                     to create and bank NOX and VOC                       III. Incorporation by Reference
                                                                                                                                                                severed from the remainder of the rule,
                                                     ERCs only for electric generating units                 In this rule, EPA is finalizing                    we may adopt as final those provisions
                                                     that have the potential to emit NOX                  regulatory text that includes                         of the rule that are not the subject of an
                                                     and VOC emissions in amounts                         incorporation by reference. In                        adverse comment.
                                                     greater than 100 tons per year (tpy),                accordance with requirements of 1 CFR
                                                     and adding Barrow County to the list                 51.5, EPA is finalizing the incorporation             V. Statutory and Executive Order
                                                     of counties with sources eligible to                 by reference of Georgia Rule 391–3–1–                 Reviews
                                                     create and bank NOX and VOC ERCs                     .03—‘‘Permits,’’ effective September 11,                 Under the CAA, the Administrator is
                                                     for any stationary source that has the               2008. EPA has made, and will continue                 required to approve a SIP submission
                                                     potential to emit NOX and VOC                        to make, these materials generally                    that complies with the provisions of the
                                                     emissions in amounts greater than 100                available through www.regulations.gov                 Act and applicable Federal regulations.
                                                     tpy. This change expands the universe                and/or at the EPA Region 4 Office                     See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                     of stationary sources in Barrow                      (please contact the person identified in              Thus, in reviewing SIP submissions,
                                                     County that may voluntarily reduce                   the FOR FURTHER INFORMATION CONTACT                   EPA’s role is to approve state choices,
                                                     NOX and VOC emissions and then                       section of this preamble for more                     provided that they meet the criteria of
                                                     credit those reductions at an equal or               information). Therefore, this material                the CAA. Accordingly, this action
                                                     reduced rate against future emissions                has been approved by EPA for inclusion                merely approves state law as meeting
                                                     of those pollutants—thus                             in the SIP, has been incorporated by                  Federal requirements and does not
                                                     incentivizing overall emissions                      reference by EPA into that plan, are                  impose additional requirements beyond
                                                     reductions. Accordingly, EPA is                      fully federally enforceable under                     those imposed by state law. For that
                                                     approving this change as SIP                         sections 110 and 113 of the CAA as of                 reason, this action:
                                                     strengthening.                                       the effective date of the final rulemaking               • Is not a significant regulatory action
                                                  —Under discounting and revocation of                    of EPA’s approval, and will be                        subject to review by the Office of
                                                     ERCs paragraph (d), Georgia removes                  incorporated by reference by the                      Management and Budget under
                                                     a provision that previously allowed                  Director of the Federal Register in the               Executive Orders 12866 (58 FR 51735,
                                                     ERCs created through the shutdown of                 next update to the SIP compilation.2                  October 4, 1993) and 13563 (76 FR 3821,
                                                     individual process equipment to                                                                            January 21, 2011);
                                                                                                          IV. Final Action
                                                     retain their value indefinitely. Like                                                                         • Does not impose an information
                                                     ERCs created through other methods,                    EPA is approving the aforementioned                 collection burden under the provisions
                                                     these ERCs will now retain their                     changes to the SIP because they are                   of the Paperwork Reduction Act (44
                                                     original value for ten years, at which               consistent with the CFR and the CAA.                  U.S.C. 3501 et seq.);
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                                                     point they will begin devaluing ten                  EPA is publishing this rule without                      • Is certified as not having a
                                                     percent per year until they have                     prior proposal because the Agency                     significant economic impact on a
                                                     reached 50 percent of their original                                                                       substantial number of small entities
                                                     value. EPA has concluded that the                      1 Other portions of the September 15, 2008,
                                                                                                                                                                under the Regulatory Flexibility Act (5
                                                     removal of this provision will                       submission were previously approved, and
                                                                                                          therefore, are not before EPA for consideration in
                                                                                                                                                                U.S.C. 601 et seq.);
                                                     strengthen Georgia’s SIP because the                 this action. See 77 FR 59554 (September 28, 2012)        • Does not contain any unfunded
                                                     change will decrease the value of                    and 79 FR 36218 (June 26, 2014).                      mandate or significantly or uniquely
                                                     these ERCs when they are used to                       2 62 FR 27968 (May 22, 1997).                       affect small governments, as described


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                                                                     Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations                                                       44521

                                                  in the Unfunded Mandates Reform Act                            Business Regulatory Enforcement                        review of this direct final rule, so that
                                                  of 1995 (Pub. L. 104–4);                                       Fairness Act of 1996, generally provides               EPA can withdraw this direct final rule
                                                    • Does not have Federalism                                   that before a rule may take effect, the                and address the comment in the
                                                  implications as specified in Executive                         agency promulgating the rule must                      proposed rulemaking. This action may
                                                  Order 13132 (64 FR 43255, August 10,                           submit a rule report, which includes a                 not be challenged later in proceedings to
                                                  1999);                                                         copy of the rule, to each House of the                 enforce its requirements. See section
                                                    • Is not an economically significant                         Congress and to the Comptroller General                307(b)(2).
                                                  regulatory action based on health or                           of the United States. EPA will submit a
                                                  safety risks subject to Executive Order                                                                               List of Subjects in 40 CFR Part 52
                                                                                                                 report containing this action and other
                                                  13045 (62 FR 19885, April 23, 1997);                           required information to the U.S. Senate,                 Environmental protection, Air
                                                    • Is not a significant regulatory action                     the U.S. House of Representatives, and                 pollution control, Carbon monoxide,
                                                  subject to Executive Order 13211 (66 FR                        the Comptroller General of the United                  Incorporation by reference, Lead,
                                                  28355, May 22, 2001);                                          States prior to publication of the rule in             Nitrogen dioxide, Ozone, Particulate
                                                    • Is not subject to requirements of                          the Federal Register. A major rule                     matter, Sulfur oxides, Volatile organic
                                                  section 12(d) of the National                                  cannot take effect until 60 days after it              compounds.
                                                  Technology Transfer and Advancement                            is published in the Federal Register.
                                                  Act of 1995 (15 U.S.C. 272 note) because                                                                                Dated: September 13, 2017.
                                                                                                                 This action is not a ‘‘major rule’’ as
                                                  application of those requirements would                        defined by 5 U.S.C. 804(2).
                                                                                                                                                                        Onis ‘‘Trey’’ Glenn, III,
                                                  be inconsistent with the CAA; and                                                                                     Regional Administrator, Region 4.
                                                    • Does not provide EPA with the                                 Under section 307(b)(1) of the CAA,
                                                  discretionary authority to address, as                         petitions for judicial review of this                      40 CFR Part 52 is amended as follows:
                                                  appropriate, disproportionate human                            action must be filed in the United States
                                                  health or environmental effects, using                         Court of Appeals for the appropriate                   PART 52—APPROVAL AND
                                                  practicable and legally permissible                            circuit by November 24, 2017. Filing a                 PROMULGATION OF
                                                  methods, under Executive Order 12898                           petition for reconsideration by the                    IMPLEMENTATION PLANS
                                                  (59 FR 7629, February 16, 1994).                               Administrator of this final rule does not
                                                    The SIP is not approved to apply on                          affect the finality of this action for the             ■ 1. The authority citation for part 52
                                                  any Indian reservation land or in any                          purposes of judicial review nor does it                continues to read as follows:
                                                  other area where EPA or an Indian tribe                        extend the time within which a petition                    Authority: 42 U.S.C. 7401 et seq.
                                                  has demonstrated that a tribe has                              for judicial review may be filed, and
                                                  jurisdiction. In those areas of Indian                         shall not postpone the effectiveness of                Subpart L—Georgia
                                                  country, the rule does not have tribal                         such rule or action. Parties with
                                                  implications as specified by Executive                         objections to this direct final rule are               ■  2. In § 52.570, the table in paragraph
                                                  Order 13175 (65 FR 67249, November 9,                          encouraged to file a comment in                        (c) is amended by revising the entry
                                                  2000), nor will it impose substantial                          response to the parallel notice of                     ‘‘391–3–1–.03’’ to read as follows:
                                                  direct costs on tribal governments or                          proposed rulemaking for this action
                                                                                                                                                                        § 52.570    Identification of plan.
                                                  preempt tribal law.                                            published in the proposed rules section
                                                    The Congressional Review Act, 5                              of this Federal Register, rather than file             *       *    *        *    *
                                                  U.S.C. 801 et seq., as added by the Small                      an immediate petition for judicial                         (c) * * *

                                                                                                                EPA-APPROVED GEORGIA REGULATIONS
                                                                                                                                State
                                                          State citation                       Title/subject                   effective                          EPA approval date                           Explanation
                                                                                                                                 date


                                                             *                         *                            *                      *                       *                      *                     *

                                                                                                                                Emission Standards


                                                          *                           *                            *                     *                   *                   *                              *
                                                  391–3–1–.03 ....................   Permits .............................      9/11/2008 9/25/2017, [insert Federal Register citation] .............

                                                             *                         *                            *                      *                       *                      *                     *



                                                  *      *       *       *      *
                                                  [FR Doc. 2017–20336 Filed 9–22–17; 8:45 am]
                                                  BILLING CODE 6560–50–P
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Document Created: 2018-10-24 14:43:10
Document Modified: 2018-10-24 14:43:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective November 24, 2017 without further notice, unless EPA receives adverse comment by October 25, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.
ContactSean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached via telephone at (404) 562-9043 or via electronic mail at [email protected]
FR Citation82 FR 44519 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds

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