82 FR 47993 - Air Plan Approval; Georgia: New Source Review Updates
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 198 (October 16, 2017)
Federal Register Volume 82, Issue 198 (October 16, 2017)
| Page Range | 47993-47996 | |
| FR Document | 2017-22250 |
[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)] [Rules and Regulations] [Pages 47993-47996] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22250] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0078; FRL-9969-43-Region 4] Air Plan Approval; Georgia: New Source Review Updates AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve changes to the Georgia State Implementation Plan (SIP) to revise new source review (NSR) permitting regulations. EPA is approving a SIP revision submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD), on December 15, 2011, July 25, 2014, and November 12, 2014. This action is being taken pursuant to the Clean Air Act (CAA or Act). DATES: This rule is effective November 15, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0078. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What action is the Agency taking? On November 12, 2014, GA EPD submitted a SIP revision to EPA for approval that involves changes to Georgia's regulations to make them consistent with federal requirements for NSR permitting, among other changes. As described below, EPA is approving certain portions of this Georgia submission that makes changes to Rule 391-3-1-.02(7)-- ``Prevention of Significant Deterioration of Air Quality (PSD),'' which applies to the construction and modification of any major stationary source in areas designated as attainment or unclassifiable as required by part C of title I of the CAA. Georgia's PSD regulations at Rule 391- 3-1-.02(7) were last updated in the SIP on April 9, 2013. See 78 FR 21065. EPA is also approving Rule 391-3-1.03(8)--``Permit Requirements'' at paragraph (g), which revises NNSR rules, and at paragraph (d) as explained in the August 15, 2017 (82 FR 38646) direct final rule. Georgia's November 12, 2014 SIP revision makes changes to the PSD regulations to reflect changes to the federal PSD regulations at 40 CFR 52.21, including provisions promulgated in the following federal rule: ``Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5 ): \1\ Amendment to the Definition of `Regulated NSR Pollutant' Concerning Condensable Particulate Matter,'' Final Rule, 77 FR 65107 (October 25, 2012) (hereinafter referred to as the PM2.5 Condensables Correction Rule). Georgia's November 12, 2014 SIP revision also makes changes to Georgia's PSD program to incorporate plantwide applicability limits (PALs) for greenhouse gases (GHGs) as allowed in the federal rule entitled ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Step 3 and GHG Plantwide Applicability Limits.'' See 77 FR 41051 (July 12, 2012) (hereinafter referred to as the GHG Step 3 Rule).\2\ --------------------------------------------------------------------------- \1\ Airborne particulate matter (PM) with a nominal aerodynamic diameter of 2.5 micrometers or less (a micrometer is one-millionth of a meter, and 2.5 micrometers is less than one-seventh the average width of a human hair) are considered to be ``fine particles'' and are also known as PM2.5 . Fine particles in the atmosphere are made up of a complex mixture of components including sulfate; nitrate; ammonium; elemental carbon; a great variety of organic compounds; and inorganic material (including metals, dust, sea salt, and other trace elements) generally referred to as ``crustal'' material, although it may contain material from other sources. The health effects associated with exposure to PM2.5 include potential aggravation of respiratory and cardiovascular disease (i.e., lung disease, decreased lung function, asthma attacks and certain cardiovascular issues). On July 18, 1997, EPA revised the NAAQS for PM to add new standards for fine particles, using PM2.5 as the indicator. Previously, EPA used PM10 (inhalable particles smaller than or equal to 10 micrometers in diameter) as the indicator for the PM NAAQS. EPA established health-based (primary) annual and 24-hour standards for PM2.5 , setting an annual standard at a level of 15.0 micrograms per cubic meter ([micro]g/m\3\) and a 24-hour standard at a level of 65 [micro]g/m\3\ (62 FR 38652). At the time the 1997 primary standards were established, EPA also established welfare- based (secondary) standards identical to the primary standards. The secondary standards are designed to protect against major environmental effects of PM2.5, such as visibility impairment, soiling, and materials damage. On October 17, 2006, EPA revised the primary and secondary 24-hour NAAQS for PM2.5 to 35 [micro]g/m\3\ and retained the existing annual PM2.5 NAAQS of 15.0 [micro]g/m\3\ (71 FR 61236). On January 15, 2013, EPA published a final rule revising the annual PM2.5 NAAQS to 12 [micro]g/m\3\(78 FR 3086). \2\ The PM2.5 Condensables Correction Rule and the GHG Step 3 Rule are discussed in more detail in the August 15, 2017 direct final rule, which is being withdrawn in the rules section of this Federal Register. See 82 FR 38605. --------------------------------------------------------------------------- [[Page 47994]] At this time, EPA is not acting on the changes to Rule 391-3- 1-.01--``Definitions,'' at paragraphs (llll) and (nnnn), and Rule 391- 3-1-.02(4)--``Ambient Air Standards,'' as included in the November 12, 2014 submittal, because EPA approved them on July 31, 2015. See 80 FR 45609. EPA is also not acting on a change included in the November 12, 2014 submittal at Rule 391-3-1-.02(7)(a)(2)(iv). This provision would have incorporated by reference the federal definition of the term ``subject to regulation,'' but provided that incorporation of the federal regulation would be automatically rescinded if certain triggering events occurred. EPA previously disapproved the portion of a January 13, 2011 SIP revision that sought to include Rule 391-3- 1-.02(7)(a)(2)(iv) in the SIP. See 81 FR 11438 (March 4, 2016). Because this provision is not part of Georgia's SIP, EPA is not acting on the State's proposed change to that provision. Finally, EPA is not acting on the changes included in the November 12, 2014 submittal regarding a new definition of the term ``regulated NSR pollutant'' at Rule 391-3-1-.02(7)(a)(2)(ix) because Georgia withdrew these changes from EPA's consideration in a December 1, 2016 letter.\3\ --------------------------------------------------------------------------- \3\ In the December 1, 2016 letter, Georgia also withdrew changes regarding the term ``regulated NSR pollutant'' at Rule 391- 3-1-.02(7)(a)(2)(ix). The December 1, 2016 letter is included in the docket for this action. --------------------------------------------------------------------------- II. Background On August 15, 2017 (82 FR 38646), EPA proposed to approve several changes to Georgia's SIP, including changes to Rule 391-3-1-.02(7) in the State's November 12, 2014, SIP revision adopting the PM2.5 Condensables Correction Rule and GHG PALs from the GHG Step 3 Rule. The proposed rule accompanied a direct final rule published on the same day in the Federal Register. See 82 FR 38605. EPA received an adverse comment on the portion of the rulemaking regarding the changes to Rule 391-3-1-.02(7) concerning GHG permitting. Accordingly, EPA is withdrawing the direct final action through a separate action published elsewhere in this issue of the Federal Register. EPA did not receive comments on Rule 391-3-1-.03(8)--``Permit Requirements'' see the August 15, 2017, direct final action for more information concerning the approval of this rule. III. Response to Comment As stated previously, EPA received one adverse comment on the direct final rule. This comment is located in the docket for this action, and a summary of the comment and EPA's response is provided below. Comment: The Commenter ``agree[d] with the action being taken,'' but asserted that EPA should ``require PSD permits for GHG only sources . . . and disapprove the Georgia SIP revision and put in place a FIP [Federal Implementation Plan] which would control GHGs of major stationary sources.'' \4\ --------------------------------------------------------------------------- \4\ On January 2, 2011, GHG emissions were, for the first time, covered by the PSD and title V operating permit programs. See 75 FR 17004 (April 2, 2010). To establish a process for phasing in the permitting requirements for stationary sources of GHGs under the CAA PSD and title V programs, on June 3, 2010, the EPA published a final rule entitled ``Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule'' (hereinafter referred to as the GHG Tailoring Rule). See 75 FR 31514. In Step 1 of the GHG Tailoring Rule, which began on January 2, 2011, the EPA limited application of PSD and title V requirements to sources of GHG emissions only if they were subject to PSD or title V ``anyway'' due to their emissions of pollutants other than GHGs. These sources are referred to as ``anyway sources.'' In Step 2 of the GHG Tailoring Rule, which applied as of July 1, 2011, the PSD and title V permitting requirements applied to some sources that were classified as major sources based solely on their GHG emissions or potential to emit GHGs. Step 2 also applied PSD permitting requirements to modifications of otherwise major sources that would increase only GHG emissions above the level in the EPA regulations. EPA generally described the sources covered by PSD during Step 2 of the GHG Tailoring Rule as ``Step 2 sources'' or ``GHG-only sources.'' --------------------------------------------------------------------------- Response: Georgia has a SIP-approved PSD program that includes the regulation of GHG-only sources under Step 2 of the GHG Tailoring Rule. See 76 FR 55572 (September 8, 2011). Georgia did not request removal of the Step 2 regulations from its SIP in the November 12, 2014 SIP revision; therefore, Step 2 permitting is outside the scope of this action. As it relates to GHG permitting, this action only incorporates the GHG PAL provisions from EPA's GHG Step 3 Rule into Georgia's SIP. Although Step 2 permitting is beyond the scope of this action, EPA notes that the United States Supreme Court invalidated EPA's regulation of Step 2 sources in Utility Air Regulatory Group (UARG) v. EPA, 134 S. Ct. 2427 (2014). In accordance with this decision, the United States Court of Appeals for the District of Columbia Circuit vacated the federal regulations that implemented Step 2 of the GHG Tailoring Rule. See Coalition for Responsible Regulation, Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. Cir. 2015). Subsequently, EPA removed the vacated elements from its rules. See 80 FR 50199 (August 19, 2015). EPA therefore no longer has the authority to conduct PSD permitting for Step 2 sources, approve provisions submitted by a state for inclusion in its SIP providing this authority, or put a FIP in place to permit Step 2 sources. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Georgia Rule 391-3-1-.02(7)--``Prevention of Significant Deterioration'' at subparagraph (a)(1), effective October 14, 2014,\5\ which revises PSD rules, and Rule 391-3-1-.03(8) ``Permit Requirements'' at paragraph (g), effective September 13, 2011, which revises NNSR rules, and at paragraph (d), effective August 1, 2013, which revises generally applicable permitting requirements. 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, these materials have been approved by EPA for inclusion in the State implementation plan, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\6\ --------------------------------------------------------------------------- \5\ See Section I, above, for additional detail. \6\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Final Action EPA is approving the aforementioned changes to the Georgia SIP regarding the PM2.5 Condensables Correction Rule and GHG PALs from the GHG Step 3 Rule, submitted on November 12, 2014, because they are consistent with the CAA and its implementing regulations. VI. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. This action merely approves state law as meeting Federal requirements and does not impose [[Page 47995]] 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 mandates or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). 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 December 15, 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. 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 29, 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. Section 52.570(c) is amended by revising the entries ``391-3- 1-.02(7)'' and ``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 date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 391-3-1-.02(7)................... Prevention of 10/14/2014 10/16/2017, EPA is not Significant [Insert citation incorporating the Deterioration of of publication]. revision to Georgia Air Quality (PSD). Rule 391-3-1- .02(7)(a)(2)(iv) included in Georgia's November 12, 2014 SIP submittal because that provision is not in the SIP. See March 4, 2016 publication. The version of Georgia Rule 391-3-1-.02(7) in the SIP does not incorporate by reference: (1) The provisions amended in the Ethanol Rule to exclude facilities that produce ethanol through a natural fermentation process from the definition of ``chemical process plants'' in the major NSR source permitting program found at 40 CFR 52.21(b)(1)(i)(a) and (b)(1)(iii)(t), or (2) the provisions at 40 CFR 52.21(b)(2)(v) and (b)(3)(iii)(c) that were stayed indefinitely by the Fugitive Emissions Interim Rule, see March 30, 2011 publication. [[Page 47996]] * * * * * * * 391-3-1-.03...................... Permits........... 8/1/2013 10/16/2017, Changes specifically [Insert citation to (8)--Permit of publication]. Requirements at (d) (state effective August 1, 2013) and (g) (state effective September 13, 2011). * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-22250 Filed 10-13-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47993
public comments received would then action is being taken pursuant to the See 78 FR 21065. EPA is also approving
be addressed in a subsequent final rule Clean Air Act (CAA or Act). Rule 391–3–1.03(8)—‘‘Permit
based on the proposed rule, and that DATES: This rule is effective November Requirements’’ at paragraph (g), which
EPA would not institute a second 15, 2017. revises NNSR rules, and at paragraph (d)
comment period on this action. ADDRESSES: EPA has established a as explained in the August 15, 2017 (82
EPA received one adverse comment docket for this action under Docket FR 38646) direct final rule.
from a single Commenter on the portion Identification No. EPA–R04–OAR– Georgia’s November 12, 2014 SIP
of the direct final rule that made 2017–0078. All documents in the docket revision makes changes to the PSD
changes to Rule 391–3–1–.02(7) only, as are listed on the www.regulations.gov regulations to reflect changes to the
submitted in the November 12, 2014, Web site. Although listed in the index, federal PSD regulations at 40 CFR 52.21,
SIP revision. As a result of the comment some information may not be publicly including provisions promulgated in the
received, EPA is withdrawing the direct available, i.e., Confidential Business following federal rule: ‘‘Implementation
final rule. EPA will address the Information or other information whose of the New Source Review (NSR)
comment in a separate final action disclosure is restricted by statute. Program for Particulate Matter Less
based on the proposed action also Certain other material, such as Than 2.5 Micrometers (PM2.5): 1
published on August 15, 2017 (82 FR copyrighted material, is not placed on Amendment to the Definition of
38646). EPA will not open a second the Internet and will be publicly ‘Regulated NSR Pollutant’ Concerning
comment period for this action. available only in hard copy form. Condensable Particulate Matter,’’ Final
Publicly available docket materials are Rule, 77 FR 65107 (October 25, 2012)
List of Subjects in 40 CFR Part 52 (hereinafter referred to as the PM2.5
available either electronically through
Environmental protection, Air www.regulations.gov or in hard copy at Condensables Correction Rule).
pollution control, Carbon monoxide, the Air Regulatory Management Section, Georgia’s November 12, 2014 SIP
Incorporation by reference, Lead, Air Planning and Implementation revision also makes changes to Georgia’s
Nitrogen dioxide, Ozone, Particulate PSD program to incorporate plantwide
Branch, Air, Pesticides and Toxics
matter, Sulfur oxides, Volatile organic applicability limits (PALs) for
Management Division, U.S.
compounds greenhouse gases (GHGs) as allowed in
Environmental Protection Agency,
the federal rule entitled ‘‘Prevention of
Dated: September 29, 2017. Region 4, 61 Forsyth Street SW.,
Significant Deterioration and Title V
Atlanta, Georgia 30303–8960. EPA
Onis ‘‘Trey’’ Glenn, III, Greenhouse Gas Tailoring Rule Step 3
requests that if at all possible, you
Regional Administrator, Region 4. and GHG Plantwide Applicability
contact the person listed in the FOR
Limits.’’ See 77 FR 41051 (July 12, 2012)
PART 52—APPROVAL AND FURTHER INFORMATION CONTACT section to
(hereinafter referred to as the GHG Step
PROMULGATION OF schedule your inspection. The Regional
3 Rule).2
IMPLEMENTATION PLANS Office’s official hours of business are
Monday through Friday 8:30 a.m. to 1 Airborne particulate matter (PM) with a nominal
■ Accordingly, the amendments to 40 4:30 p.m., excluding Federal holidays. aerodynamic diameter of 2.5 micrometers or less (a
CFR 52.570(c) published on August 15, FOR FURTHER INFORMATION CONTACT: D. micrometer is one-millionth of a meter, and 2.5
micrometers is less than one-seventh the average
2017 (82 FR 38605), are withdrawn Brad Akers, Air Regulatory Management width of a human hair) are considered to be ‘‘fine
effective October 16, 2017. Section, Air Planning and particles’’ and are also known as PM2.5. Fine
[FR Doc. 2017–22251 Filed 10–13–17; 8:45 am] Implementation Branch, Air, Pesticides particles in the atmosphere are made up of a
and Toxics Management Division, U.S. complex mixture of components including sulfate;
BILLING CODE 6560–50–P nitrate; ammonium; elemental carbon; a great
Environmental Protection Agency, variety of organic compounds; and inorganic
Region 4, 61 Forsyth Street SW., material (including metals, dust, sea salt, and other
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. Mr. Akers trace elements) generally referred to as ‘‘crustal’’
AGENCY can be reached via telephone at (404) material, although it may contain material from
other sources. The health effects associated with
562–9089 or via electronic mail at exposure to PM2.5 include potential aggravation of
40 CFR Part 52 akers.brad@epa.gov. respiratory and cardiovascular disease (i.e., lung
SUPPLEMENTARY INFORMATION: disease, decreased lung function, asthma attacks
[EPA–R04–OAR–2017–0078; FRL–9969–43– and certain cardiovascular issues). On July 18,
Region 4] I. What action is the Agency taking? 1997, EPA revised the NAAQS for PM to add new
standards for fine particles, using PM2.5 as the
On November 12, 2014, GA EPD indicator. Previously, EPA used PM10 (inhalable
Air Plan Approval; Georgia: New
submitted a SIP revision to EPA for particles smaller than or equal to 10 micrometers
Source Review Updates
approval that involves changes to in diameter) as the indicator for the PM NAAQS.
Georgia’s regulations to make them EPA established health-based (primary) annual and
AGENCY: Environmental Protection 24-hour standards for PM2.5, setting an annual
Agency (EPA). consistent with federal requirements for standard at a level of 15.0 micrograms per cubic
ACTION: Final rule. NSR permitting, among other changes. meter (mg/m3) and a 24-hour standard at a level of
As described below, EPA is approving 65 mg/m3 (62 FR 38652). At the time the 1997
SUMMARY: The Environmental Protection certain portions of this Georgia primary standards were established, EPA also
established welfare-based (secondary) standards
Agency (EPA) is taking final action to submission that makes changes to Rule identical to the primary standards. The secondary
approve changes to the Georgia State 391–3–1–.02(7)—‘‘Prevention of standards are designed to protect against major
Implementation Plan (SIP) to revise new Significant Deterioration of Air Quality environmental effects of PM2.5, such as visibility
source review (NSR) permitting (PSD),’’ which applies to the impairment, soiling, and materials damage. On
jstallworth on DSKBBY8HB2PROD with RULES
October 17, 2006, EPA revised the primary and
regulations. EPA is approving a SIP construction and modification of any secondary 24-hour NAAQS for PM2.5 to 35 mg/m3
revision submitted by the State of major stationary source in areas and retained the existing annual PM2.5 NAAQS of
Georgia, through the Georgia designated as attainment or 15.0 mg/m3 (71 FR 61236). On January 15, 2013,
Department of Natural Resources’ unclassifiable as required by part C of EPA published a final rule revising the annual
PM2.5 NAAQS to 12 mg/m3(78 FR 3086).
Environmental Protection Division (GA title I of the CAA. Georgia’s PSD 2 The PM
2.5 Condensables Correction Rule and the
EPD), on December 15, 2011, July 25, regulations at Rule 391–3–1–.02(7) were GHG Step 3 Rule are discussed in more detail in
2014, and November 12, 2014. This last updated in the SIP on April 9, 2013. Continued
VerDate Sep<11>2014 14:58 Oct 13, 2017 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\16OCR1.SGM 16OCR1](https://thefederalregister.org/doc/82_FR_48191/page/1.svg)
![47994 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
At this time, EPA is not acting on the III. Response to Comment 80 FR 50199 (August 19, 2015). EPA
changes to Rule 391–3–1–.01— As stated previously, EPA received therefore no longer has the authority to
‘‘Definitions,’’ at paragraphs (llll) and one adverse comment on the direct final conduct PSD permitting for Step 2
(nnnn), and Rule 391–3–1–.02(4)— rule. This comment is located in the sources, approve provisions submitted
‘‘Ambient Air Standards,’’ as included docket for this action, and a summary of by a state for inclusion in its SIP
in the November 12, 2014 submittal, the comment and EPA’s response is providing this authority, or put a FIP in
because EPA approved them on July 31, provided below. place to permit Step 2 sources.
2015. See 80 FR 45609. Comment: The Commenter ‘‘agree[d]
EPA is also not acting on a change IV. Incorporation by Reference
with the action being taken,’’ but
included in the November 12, 2014 asserted that EPA should ‘‘require PSD In this rule, EPA is finalizing
submittal at Rule 391–3–1– permits for GHG only sources . . . and regulatory text that includes
.02(7)(a)(2)(iv). This provision would disapprove the Georgia SIP revision and incorporation by reference. In
have incorporated by reference the put in place a FIP [Federal accordance with requirements of 1 CFR
federal definition of the term ‘‘subject to Implementation Plan] which would 51.5, EPA is finalizing the incorporation
regulation,’’ but provided that control GHGs of major stationary by reference of Georgia Rule 391–3–1–
incorporation of the federal regulation sources.’’ 4 .02(7)—‘‘Prevention of Significant
would be automatically rescinded if Response: Georgia has a SIP-approved Deterioration’’ at subparagraph (a)(1),
certain triggering events occurred. EPA PSD program that includes the effective October 14, 2014,5 which
previously disapproved the portion of a regulation of GHG-only sources under revises PSD rules, and Rule 391–3–1–
January 13, 2011 SIP revision that Step 2 of the GHG Tailoring Rule. See .03(8) ‘‘Permit Requirements’’ at
sought to include Rule 391–3–1– 76 FR 55572 (September 8, 2011). paragraph (g), effective September 13,
.02(7)(a)(2)(iv) in the SIP. See 81 FR Georgia did not request removal of the 2011, which revises NNSR rules, and at
11438 (March 4, 2016). Because this Step 2 regulations from its SIP in the paragraph (d), effective August 1, 2013,
provision is not part of Georgia’s SIP, November 12, 2014 SIP revision; which revises generally applicable
EPA is not acting on the State’s therefore, Step 2 permitting is outside permitting requirements. EPA has made,
proposed change to that provision. the scope of this action. As it relates to and will continue to make, these
Finally, EPA is not acting on the GHG permitting, this action only materials generally available through
changes included in the November 12, incorporates the GHG PAL provisions www.regulations.gov and/or at the EPA
2014 submittal regarding a new from EPA’s GHG Step 3 Rule into Region 4 Office (please contact the
definition of the term ‘‘regulated NSR Georgia’s SIP. person identified in the FOR FURTHER
pollutant’’ at Rule 391–3–1– Although Step 2 permitting is beyond INFORMATION CONTACT section of this
.02(7)(a)(2)(ix) because Georgia the scope of this action, EPA notes that preamble for more information).
withdrew these changes from EPA’s the United States Supreme Court Therefore, these materials have been
consideration in a December 1, 2016 invalidated EPA’s regulation of Step 2 approved by EPA for inclusion in the
letter.3 sources in Utility Air Regulatory Group State implementation plan, have been
(UARG) v. EPA, 134 S. Ct. 2427 (2014). incorporated by reference by EPA into
II. Background
In accordance with this decision, the that plan, are fully federally enforceable
On August 15, 2017 (82 FR 38646), United States Court of Appeals for the under sections 110 and 113 of the CAA
EPA proposed to approve several District of Columbia Circuit vacated the as of the effective date of the final
changes to Georgia’s SIP, including federal regulations that implemented rulemaking of EPA’s approval, and will
changes to Rule 391–3–1–.02(7) in the Step 2 of the GHG Tailoring Rule. See be incorporated by reference by the
State’s November 12, 2014, SIP revision Coalition for Responsible Regulation, Director of the Federal Register in the
adopting the PM2.5 Condensables Inc. v. EPA, 606 Fed. Appx. 6, 7 (D.C. next update to the SIP compilation.6
Correction Rule and GHG PALs from the Cir. 2015). Subsequently, EPA removed
GHG Step 3 Rule. The proposed rule V. Final Action
the vacated elements from its rules. See
accompanied a direct final rule EPA is approving the aforementioned
published on the same day in the 4 On January 2, 2011, GHG emissions were, for changes to the Georgia SIP regarding the
Federal Register. See 82 FR 38605. EPA the first time, covered by the PSD and title V PM2.5 Condensables Correction Rule and
received an adverse comment on the operating permit programs. See 75 FR 17004 (April GHG PALs from the GHG Step 3 Rule,
2, 2010). To establish a process for phasing in the
portion of the rulemaking regarding the permitting requirements for stationary sources of submitted on November 12, 2014,
changes to Rule 391–3–1–.02(7) GHGs under the CAA PSD and title V programs, on because they are consistent with the
concerning GHG permitting. June 3, 2010, the EPA published a final rule entitled CAA and its implementing regulations.
‘‘Prevention of Significant Deterioration and Title V
Accordingly, EPA is withdrawing the Greenhouse Gas Tailoring Rule’’ (hereinafter VI. Statutory and Executive Order
direct final action through a separate referred to as the GHG Tailoring Rule). See 75 FR Reviews
action published elsewhere in this issue 31514. In Step 1 of the GHG Tailoring Rule, which
of the Federal Register. EPA did not began on January 2, 2011, the EPA limited Under the CAA, the Administrator is
application of PSD and title V requirements to required to approve a SIP submission
receive comments on Rule 391–3–1– sources of GHG emissions only if they were subject
.03(8)—‘‘Permit Requirements’’ see the to PSD or title V ‘‘anyway’’ due to their emissions
that complies with the provisions of the
August 15, 2017, direct final action for of pollutants other than GHGs. These sources are Act and applicable Federal regulations.
more information concerning the referred to as ‘‘anyway sources.’’ In Step 2 of the See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
GHG Tailoring Rule, which applied as of July 1, Thus, in reviewing SIP submissions,
approval of this rule. 2011, the PSD and title V permitting requirements
EPA’s role is to approve state choices,
jstallworth on DSKBBY8HB2PROD with RULES
applied to some sources that were classified as
the August 15, 2017 direct final rule, which is being major sources based solely on their GHG emissions provided that they meet the criteria of
withdrawn in the rules section of this Federal or potential to emit GHGs. Step 2 also applied PSD the CAA. This action merely approves
Register. See 82 FR 38605. permitting requirements to modifications of state law as meeting Federal
3 In the December 1, 2016 letter, Georgia also otherwise major sources that would increase only
withdrew changes regarding the term ‘‘regulated GHG emissions above the level in the EPA
requirements and does not impose
NSR pollutant’’ at Rule 391–3–1–.02(7)(a)(2)(ix). regulations. EPA generally described the sources
5 See Section I, above, for additional detail.
The December 1, 2016 letter is included in the covered by PSD during Step 2 of the GHG Tailoring
docket for this action. Rule as ‘‘Step 2 sources’’ or ‘‘GHG-only sources.’’ 6 62 FR 27968 (May 22, 1997).
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![Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47995
additional requirements beyond those appropriate, disproportionate human Administrator of this final rule does not
imposed by state law. For that reason, health or environmental effects, using affect the finality of this action for the
this action: practicable and legally permissible purposes of judicial review nor does it
• Is not a significant regulatory action methods, under Executive Order 12898 extend the time within which a petition
subject to review by the Office of (59 FR 7629, February 16, 1994). for judicial review may be filed, and
Management and Budget under The SIP is not approved to apply on shall not postpone the effectiveness of
Executive Orders 12866 (58 FR 51735, any Indian reservation land or in any such rule or action. This action may not
October 4, 1993) and 13563 (76 FR 3821, other area where EPA or an Indian tribe be challenged later in proceedings to
January 21, 2011); has demonstrated that a tribe has enforce its requirements. See section
• does not impose an information jurisdiction. In those areas of Indian 307(b)(2).
collection burden under the provisions country, the rule does not have tribal
of the Paperwork Reduction Act (44 List of Subjects in 40 CFR Part 52
implications as specified by Executive
U.S.C. 3501 et seq.); Order 13175 (65 FR 67249, November 9,
• is certified as not having a Environmental protection, Air
2000), nor will it impose substantial pollution control, Carbon monoxide,
significant economic impact on a direct costs on tribal governments or
substantial number of small entities Incorporation by reference, Lead,
preempt tribal law. Nitrogen dioxide, Ozone, Particulate
under the Regulatory Flexibility Act (5 The Congressional Review Act, 5
U.S.C. 601 et seq.); matter, Sulfur oxides, Volatile organic
U.S.C. 801 et seq., as added by the Small compounds.
• does not contain any unfunded
Business Regulatory Enforcement
mandates or significantly or uniquely Dated: September 29, 2017.
Fairness Act of 1996, generally provides
affect small governments, as described Onis ‘‘Trey’’ Glenn, III,
that before a rule may take effect, the
in the Unfunded Mandates Reform Act Regional Administrator, Region 4.
agency promulgating the rule must
of 1995 (Pub. L. 104–4);
• does not have Federalism submit a rule report, which includes a
copy of the rule, to each House of the 40 CFR part 52 is amended as follows:
implications as specified in Executive
Order 13132 (64 FR 43255, August 10, Congress and to the Comptroller General PART 52—APPROVAL AND
1999); of the United States. EPA will submit a PROMULGATION OF
• is not an economically significant report containing this action and other IMPLEMENTATION PLANS
regulatory action based on health or required information to the U.S. Senate,
safety risks subject to Executive Order the U.S. House of Representatives, and
■ 1. The authority citation for part 52
13045 (62 FR 19885, April 23, 1997); the Comptroller General of the United
continues to read as follows:
• is not a significant regulatory action States prior to publication of the rule in
subject to Executive Order 13211 (66 FR the Federal Register. A major rule Authority: 42 U.S.C. 7401 et seq.
28355, May 22, 2001); cannot take effect until 60 days after it
• is not subject to requirements of is published in the Federal Register. Subpart L—Georgia
Section 12(d) of the National This action is not a ‘‘major rule’’ as
Technology Transfer and Advancement defined by 5 U.S.C. 804(2). ■ 2. Section 52.570(c) is amended by
Act of 1995 (15 U.S.C. 272 note) because Under section 307(b)(1) of the CAA, revising the entries ‘‘391–3–1–.02(7)’’
application of those requirements would petitions for judicial review of this and ‘‘391–3–1–.03’’ to read as follows:
be inconsistent with the Clean Air Act; action must be filed in the United States
§ 52.570 Identification of plan.
and Court of Appeals for the appropriate
• does not provide EPA with the circuit by December 15, 2017. Filing a * * * * *
discretionary authority to address, as petition for reconsideration by the (c) * * *
EPA-APPROVED GEORGIA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
391–3–1–.02(7) .............. Prevention of Signifi- 10/14/2014 10/16/2017, [Insert cita- EPA is not incorporating the revision to Georgia
cant Deterioration of tion of publication]. Rule 391–3–1–.02(7)(a)(2)(iv) included in
Air Quality (PSD). Georgia’s November 12, 2014 SIP submittal
because that provision is not in the SIP. See
March 4, 2016 publication.
The version of Georgia Rule 391–3–1–.02(7) in
the SIP does not incorporate by reference:
(1) The provisions amended in the Ethanol
Rule to exclude facilities that produce ethanol
through a natural fermentation process from
the definition of ‘‘chemical process plants’’ in
the major NSR source permitting program
found at 40 CFR 52.21(b)(1)(i)(a) and
jstallworth on DSKBBY8HB2PROD with RULES
(b)(1)(iii)(t), or (2) the provisions at 40 CFR
52.21(b)(2)(v) and (b)(3)(iii)(c) that were
stayed indefinitely by the Fugitive Emissions
Interim Rule, see March 30, 2011 publication.
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![47996 Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations
EPA-APPROVED GEORGIA REGULATIONS—Continued
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
391–3–1–.03 .................. Permits ......................... 8/1/2013 10/16/2017, [Insert cita- Changes specifically to (8)—Permit Require-
tion of publication]. ments at (d) (state effective August 1, 2013)
and (g) (state effective September 13, 2011).
* * * * * * *
* * * * * Pennsylvania Ave. NW., Washington, and hearing requests are provided in 40
[FR Doc. 2017–22250 Filed 10–13–17; 8:45 am] DC 20460–0001; main telephone CFR 178.25(b).
BILLING CODE 6560–50–P number: (703) 305–7090; email address: In addition to filing an objection or
RDFRNotices@epa.gov. hearing request with the Hearing Clerk
SUPPLEMENTARY INFORMATION: as described in 40 CFR part 178, please
ENVIRONMENTAL PROTECTION submit a copy of the filing (excluding
AGENCY I. General Information any Confidential Business Information
A. Does this action apply to me? (CBI)) for inclusion in the public docket.
40 CFR Part 180 Information not marked confidential
You may be potentially affected by
[EPA–HQ–OPP–2016–0392; FRL–9966–73] pursuant to 40 CFR part 2 may be
this action if you are an agricultural
disclosed publicly by EPA without prior
Fenpicoxamid; Pesticide Tolerances producer, food manufacturer, or
notice. Submit the non-CBI copy of your
pesticide manufacturer. The following
AGENCY: Environmental Protection objection or hearing request, identified
list of North American Industrial
Agency (EPA). by docket ID number EPA–HQ–OPP–
Classification System (NAICS) codes is
2016–0392, by one of the following
ACTION: Final rule. not intended to be exhaustive, but rather
methods:
provides a guide to help readers
SUMMARY: This regulation establishes • Federal eRulemaking Portal: http://
determine whether this document
tolerances for residues of fenpicoxamid www.regulations.gov. Follow the online
applies to them. Potentially affected
(XDE 777) in or on banana, rye, and instructions for submitting comments.
entities may include:
wheat. Dow AgroSciences LLC • Crop production (NAICS code 111). Do not submit electronically any
requested these tolerances under the • Animal production (NAICS code information you consider to be CBI or
Federal Food, Drug, and Cosmetic Act 112). other information whose disclosure is
(FFDCA). • Food manufacturing (NAICS code restricted by statute.
311). • Mail: OPP Docket, Environmental
DATES: This regulation is effective
October 16, 2017. Objections and • Pesticide manufacturing (NAICS Protection Agency Docket Center (EPA/
code 32532). DC), (28221T), 1200 Pennsylvania Ave.
requests for hearings must be received NW., Washington, DC 20460–0001.
on or before December 15, 2017, and B. How can I get electronic access to • Hand Delivery: To make special
must be filed in accordance with the other related information? arrangements for hand delivery or
instructions provided in 40 CFR part delivery of boxed information, please
You may access a frequently updated
178 (see also Unit I.C. of the follow the instructions at http://
electronic version of EPA’s tolerance
SUPPLEMENTARY INFORMATION).
regulations at 40 CFR part 180 through www.epa.gov/dockets/contacts.html.
ADDRESSES: The docket for this action, the Government Printing Office’s e-CFR Additional instructions on
identified by docket identification (ID) site at http://www.ecfr.gov/cgi-bin/text- commenting or visiting the docket,
number EPA–HQ–OPP–2016–0392, is idx?&c=ecfr&tpl=/ecfrbrowse/Title40/ along with more information about
available at http://www.regulations.gov 40tab_02.tpl. dockets generally, is available at http://
or at the Office of Pesticide Programs www.epa.gov/dockets.
Regulatory Public Docket (OPP Docket) C. How can I file an objection or hearing
in the Environmental Protection Agency request? II. Summary of Petitioned-For
Docket Center (EPA/DC), West William Under FFDCA section 408(g), 21 Tolerance
Jefferson Clinton Bldg., Rm. 3334, 1301 U.S.C. 346a, any person may file an In the Federal Register of December
Constitution Ave. NW., Washington, DC objection to any aspect of this regulation 20, 2016 (81 FR 92758) (FRL–9956–04),
20460–0001. The Public Reading Room and may also request a hearing on those EPA issued a document pursuant to
is open from 8:30 a.m. to 4:30 p.m., objections. You must file your objection FFDCA section 408(d)(3), 21 U.S.C.
Monday through Friday, excluding legal or request a hearing on this regulation 346a(d)(3), announcing the filing of a
holidays. The telephone number for the in accordance with the instructions pesticide petition (PP 5E8440) by Dow
Public Reading Room is (202) 566–1744, provided in 40 CFR part 178. To ensure AgroSciences LLC, 9330 Zionsville Rd,
and the telephone number for the OPP proper receipt by EPA, you must Indianapolis, IN 46268. The petition
Docket is (703) 305–5805. Please review identify docket ID number EPA–HQ– requested that 40 CFR part 180 be
jstallworth on DSKBBY8HB2PROD with RULES
the visitor instructions and additional OPP–2016–0392 in the subject line on amended by establishing tolerances for
information about the docket available the first page of your submission. All residues of the fungicide fenpicoxamid
at http://www.epa.gov/dockets. objections and requests for a hearing (XDE- 777) in or on banana at 0.1 parts
FOR FURTHER INFORMATION CONTACT: must be in writing, and must be per million (ppm), rye, grain and wheat,
Michael L. Goodis, Registration Division received by the Hearing Clerk on or grain at 0.7 ppm; and residues of
(7505P), Office of Pesticide Programs, before December 15, 2017. Addresses for fenpicoxamid and its metabolite
Environmental Protection Agency, 1200 mail and hand delivery of objections X12326349 expressed as fenpicoxamid
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Document Created: 2017-10-14 01:42:50
Document Modified: 2017-10-14 01:42:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 15, 2017. | |
| Contact | D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 47993 | |
| CFR Associated | Environmental 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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