83 FR 19637 - Air Plan Approval; Georgia; Regional Haze Plan and Prong 4 (Visibility) for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 87 (May 4, 2018)
Federal Register Volume 83, Issue 87 (May 4, 2018)
| Page Range | 19637-19641 | |
| FR Document | 2018-09412 |
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)] [Rules and Regulations] [Pages 19637-19641] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-09412] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0315; FRL-9977-49-Region 4] Air Plan Approval; Georgia; Regional Haze Plan and Prong 4 (Visibility) for the 2012 PM2.5, 2010 NO2, 2010 SO2, and 2008 Ozone NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the portion of Georgia's July 26, 2017, State Implementation Plan (SIP) submittal changing reliance from the Clean Air Interstate Rule (CAIR) to the Cross-State Air Pollution Rule (CSAPR) for certain regional haze requirements. EPA is also converting the previous limited approval/ limited disapproval of Georgia's regional haze plan to a full approval and is removing the Federal Implementation Plan (FIP) for Georgia which replaced reliance on CAIR with reliance on CSAPR. Finally, EPA is converting the conditional approvals to full approvals for the visibility prong of Georgia's infrastructure SIP submittals for the 2012 Fine Particulate Matter (PM2.5 ), 2010 Nitrogen Dioxide (NO2 ), 2010 Sulfur Dioxide (SO2 ), and 2008 8-hour Ozone National Ambient Air Quality Standards (NAAQS). DATES: This rule will be effective June 4, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0315. All documents in the docket are listed on the www.regulations.gov website. 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: Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Notarianni can be reached by telephone at (404) 562- 9031 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background A. Regional Haze Plans and Their Relationship With CAIR and CSAPR Section 169A(b)(2)(A) of the Clean Air Act (CAA or Act) requires states to submit regional haze plans that contain such measures as may be necessary to make reasonable progress towards the natural visibility goal, including a requirement that certain categories of existing major stationary sources built between 1962 and 1977 procure, install, and operate Best Available Retrofit Technology (BART) as determined by the state. Under the Regional Haze Rule (RHR), states are directed to conduct BART determinations for such ``BART-eligible'' sources that may be anticipated to cause or contribute to any visibility impairment in a Class I area. Rather than requiring source-specific BART controls, states also have the flexibility to adopt an emissions trading program or other alternative program as long as the alternative provides greater reasonable progress towards improving visibility than BART. See 40 CFR 51.308(e)(2). EPA provided states with this flexibility in the RHR, adopted in 1999, and further refined the criteria for assessing whether an alternative program provides for greater reasonable progress in two subsequent rulemakings. See 64 FR 35714 (July 1, 1999); 70 FR 39104 (July 6, 2005); 71 FR 60612 (October 13, 2006). EPA demonstrated that CAIR would achieve greater reasonable progress than BART in revisions to the regional haze program made in 2005.\1\ See 70 FR 39104 (July 6, 2005). In those revisions, EPA amended its regulations to provide that states participating in the CAIR cap-and-trade programs pursuant to an EPA-approved CAIR SIP or states that remain subject to a CAIR FIP need not require affected BART-eligible electric generating units (EGUs) to install, operate, and maintain BART for emissions of SO2 and nitrogen oxides (NOX ). As a result of EPA's determination that CAIR was ``better-than-BART,'' a number of states in the CAIR region, including Georgia, relied on the CAIR cap-and-trade programs as an alternative to BART for EGU emissions of SO2 and NOX in designing their regional haze plans. These states also relied on CAIR as an element of a long-term strategy (LTS) for achieving their reasonable progress goals (RPGs) for their regional haze programs. However, in 2008, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) remanded CAIR to EPA without vacatur to preserve the environmental benefits provided by CAIR. North Carolina v. EPA, 550 F.3d 1176, 1178 (D.C. Cir. 2008). On August 8, 2011 (76 FR 48208), acting on the D.C. Circuit's remand, EPA promulgated CSAPR to replace CAIR and issued FIPs to implement the rule in CSAPR-subject states.\2\ Implementation of CSAPR was scheduled to begin on January 1, 2012, [[Page 19638]] when CSAPR would have superseded the CAIR program. --------------------------------------------------------------------------- \1\ CAIR created regional cap-and-trade programs to reduce SO2 and NOX emissions in 27 eastern states (and the District of Columbia), including Georgia, that contributed to downwind nonattainment or interfered with maintenance of the 1997 8-hour ozone NAAQS or the 1997 PM2.5 NAAQS. \2\ CSAPR requires 28 eastern states to limit their statewide emissions of SO2 and/or NOX in order to mitigate transported air pollution unlawfully impacting other states' ability to attain or maintain four NAAQS: the 1997 ozone NAAQS, the 1997 annual PM2.5 NAAQS, the 2006 24-hour PM2.5 NAAQS, and the 2008 8-hour ozone NAAQS. The CSAPR emissions limitations are defined in terms of maximum statewide ``budgets'' for emissions of annual SO2 , annual NOX , and/or ozone-season NOX by each covered state's large EGUs. The CSAPR state budgets are implemented in two phases of generally increasing stringency, with the Phase 1 budgets applying to emissions in 2015 and 2016 and the Phase 2 budgets applying to emissions in 2017 and later years. --------------------------------------------------------------------------- Due to the D.C. Circuit's 2008 ruling that CAIR was ``fatally flawed'' and its resulting status as a temporary measure following that ruling, EPA could not fully approve regional haze plans to the extent that they relied on CAIR to satisfy the BART requirement and the requirement for a LTS sufficient to achieve the state-adopted RPGs. On these grounds, EPA finalized a limited disapproval of Georgia's regional haze plan on June 7, 2012 (77 FR 33642), and in the same action, promulgated a FIP to replace reliance on CAIR with reliance on CSAPR to address the deficiencies in Georgia's regional haze plan. EPA finalized a limited approval of Georgia's regional haze plan on June 28, 2012 (77 FR 38501), as meeting the remaining applicable regional haze requirements set forth in the CAA and the RHR. In the June 7, 2012, limited disapproval action, EPA also amended the RHR to provide that participation by a state's EGUs in a CSAPR trading program for a given pollutant--either a CSAPR federal trading program implemented through a CSAPR FIP or an integrated CSAPR state trading program implemented through an approved CSAPR SIP revision-- qualifies as a BART alternative for those EGUs for that pollutant. See 40 CFR 51.308(e)(4). Since EPA promulgated this amendment, numerous states covered by CSAPR have come to rely on the provision through either SIPs or FIPs.\3\ --------------------------------------------------------------------------- \3\ EPA has promulgated FIPs relying on CSAPR participation for BART purposes for Georgia, Indiana, Iowa, Kentucky, Michigan, Missouri, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, and West Virginia, 77 FR at 33654, and Nebraska, 77 FR 40150, 40151 (July 6, 2012). EPA has approved SIPs from several states relying on CSAPR participation for BART purposes. See, e.g., 82 FR 47393 (October 12, 2017) for Alabama; 77 FR 34801 (June 12, 2012) for Minnesota; and 77 FR 46952 (August 7, 2012) for Wisconsin. --------------------------------------------------------------------------- Numerous parties filed petitions for review of CSAPR in the D.C. Circuit, and on August 21, 2012, the court issued its ruling, vacating and remanding CSAPR to EPA and ordering continued implementation of CAIR. EME Homer City Generation, L.P. v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). The D.C. Circuit's vacatur of CSAPR was reversed by the United States Supreme Court on April 29, 2014, and the case was remanded to the D.C. Circuit to resolve remaining issues in accordance with the high court's ruling. EPA v. EME Homer City Generation, L.P., 134 S. Ct. 1584 (2014). On remand, the D.C. Circuit affirmed CSAPR in most respects, but invalidated without vacating some of the CSAPR budgets as to a number of states. EME Homer City Generation, L.P. v. EPA, 795 F.3d 118 (D.C. Cir. 2015). The remanded budgets include the Phase 2 SO2 emissions budgets for Alabama, Georgia, South Carolina, and Texas and the Phase 2 ozone-season NOX budgets for 11 states. This litigation ultimately delayed implementation of CSAPR for three years, from January 1, 2012, when CSAPR's cap-and-trade programs were originally scheduled to replace the CAIR cap-and-trade programs, to January 1, 2015. Thus, the rule's Phase 2 budgets that were originally promulgated to begin on January 1, 2014, began on January 1, 2017. On September 29, 2017 (82 FR 45481), EPA issued a final rule affirming the continued validity of the Agency's 2012 determination that participation in CSAPR meets the RHR's criteria for an alternative to the application of source-specific BART.\4\ EPA has determined that changes to CSAPR's geographic scope resulting from the actions EPA has taken or expects to take in response to the D.C. Circuit's budget remand do not affect the continued validity of participation in CSAPR as a BART alternative, because the changes in geographic scope would not have adversely affected the results of the air quality modeling analysis upon which the EPA based the 2012 determination. EPA's September 29, 2017, determination was based, in part, on EPA's final action approving a SIP revision from Alabama (81 FR 59869 (August 31, 2016)) adopting Phase 2 annual NOX and SO2 budgets equivalent to the federally-developed budgets and on SIP revisions submitted by Georgia and South Carolina to also adopt Phase 2 annual NOX and SO2 budgets equivalent to the federally-developed budgets.\5\ Since that time, EPA has approved the SIP revisions from Georgia and South Carolina. See 82 FR 47930 (October 13, 2017) and 82 FR 47936 (October 13, 2017), respectively. --------------------------------------------------------------------------- \4\ Legal challenges to this rule are pending. Nat'l Parks Conservation Ass'n v. EPA, No. 17-1253 (D.C. Cir. filed November 28, 2017). \5\ EPA proposed to approve the Georgia and South Carolina SIP revisions adopting CSAPR budgets on August 16, 2017 (82 FR 38866), and August 10, 2017 (82 FR 37389), respectively. --------------------------------------------------------------------------- A portion of Georgia's July 26, 2017, SIP submittal seeks to correct the deficiencies identified in the June 7, 2012, limited disapproval of its regional haze plan submitted on February 11, 2010, and supplemented on November 19, 2010, by replacing reliance on CAIR with reliance on CSAPR.\6\ Specifically, Georgia requests that EPA amend the State's regional haze plan by replacing its reliance on CAIR with CSAPR to satisfy SO2 and NOX BART requirements and first implementation period SO2 reasonable progress requirements for EGUs formerly subject to CAIR,\7\ and to support the RPGs for the Class I areas in Georgia for the first implementation period. EPA is approving the regional haze plan portion of the SIP submittal and amending the SIP accordingly. --------------------------------------------------------------------------- \6\ On October 13, 2017, (82 FR 47930), EPA approved the portions of the July 26, 2017, SIP submission incorporating into Georgia's SIP the State's regulations requiring Georgia EGUs to participate in CSAPR state trading programs for annual NOX and SO2 emissions integrated with the CSAPR federal trading programs and thus replacing the corresponding FIP requirements. In the October 13, 2017, action, EPA did not take any action regarding Georgia's request in this July 26, 2017, SIP submission to revise the State's regional haze plan nor regarding the prong 4 element of the 2008 8-hour ozone, 2010 1-hour NO2 , 2010 1-hour SO2 , and 2012 PM2.5 NAAQS. \7\ In its regional haze plan, Georgia concluded and EPA found acceptable the State's determination that no additional controls beyond CAIR are reasonable for SO2 for affected Georgia EGUs for the first implementation period, with the exception of five EGUs at three facilities owned by Georgia Power. See 77 FR 11464 (February 27, 2012). --------------------------------------------------------------------------- B. Infrastructure SIPs By statute, plans meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years (or less, if the Administrator so prescribes) after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require states to address basic SIP elements such as for monitoring, basic program requirements, and legal authority that are designed to assure attainment and maintenance of the newly established or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs. Section 110(a)(2) lists specific elements that states must meet for the infrastructure SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state's implementation plan at the time in which the state develops and submits [[Page 19639]] the submission for a new or revised NAAQS.\8\ --------------------------------------------------------------------------- \8\ For additional information regarding EPA's approach to the review of infrastructure SIP submissions, see, e.g., 81 FR 57544 (August 23, 2016) (proposal to approve portions of Georgia's infrastructure SIP for the 2012 PM2.5 NAAQS). --------------------------------------------------------------------------- Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ``prongs,'' that must be addressed in infrastructure SIP submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong 1) and from interfering with maintenance of the NAAQS in another state (prong 2). The third and fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) or from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions ensuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. A state can meet prong 4 requirements via confirmation in its infrastructure SIP submission that the state has an approved regional haze plan that fully meets the requirements of 40 CFR 51.308 or 51.309. 40 CFR 51.308 and 51.309 specifically require that a state participating in a regional planning process include all measures needed to achieve its apportionment of emission reduction obligations agreed upon through that process. A fully approved regional haze plan will ensure that emissions from sources under an air agency's jurisdiction are not interfering with measures required to be included in other air agencies' plans to protect visibility. Georgia's May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; October 22, 2013, 2010 1- hour SO2 submission as supplemented on July 25, 2014; and December 14, 2015, 2012 annual PM2.5 submission rely on the State having a fully approved regional haze plan to satisfy its prong 4 requirements. EPA is approving the regional haze plan portion of the State's July 26, 2017, SIP revision and converting EPA's previous action on Georgia's regional haze plan from a limited approval/limited disapproval to a full approval because final approval of this portion of the SIP revision would correct the deficiencies that led to EPA's limited approval/limited disapproval of the State's regional haze plan. Specifically, EPA's approval of this portion of Georgia's July 26, 2017, SIP revision would satisfy the SO2 and NOX BART requirements and SO2 reasonable progress requirements for EGUs formerly subject to CAIR and the requirement that a LTS include measures as necessary to achieve the State-adopted RPGs. Because a state may satisfy prong 4 requirements through a fully approved regional haze plan, EPA is also converting the Agency's September 26, 2016, conditional approvals to full approvals of the prong 4 portion of Georgia's May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; October 22, 2013, 2010 1-hour SO2 submission as supplemented on July 25, 2014; and December 14, 2015, 2012 annual PM2.5 submission. In a notice of proposed rulemaking (NPRM) published on February 2, 2018 (83 FR 4886), EPA proposed to take the following actions: (1) Approve the regional haze plan portion of Georgia's July 26, 2017, SIP submission to change reliance from CAIR to CSAPR; (2) convert EPA's limited approval/limited disapproval of Georgia's February 11, 2010, regional haze plan as supplemented on November 19, 2010, to a full approval; (3) remove EPA's FIP for Georgia which replaced reliance on CAIR with reliance on CSAPR to address the deficiencies identified in the limited disapproval of Georgia's regional haze plan; and (4) convert EPA's September 26, 2016, conditional approvals to full approvals of the prong 4 portion of Georgia's May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; the State's October 22, 2013, 2010 1-hour SO2 submission as supplemented on July 25, 2014; and the State's December 14, 2015, 2012 annual PM2.5 submission. The details of Georgia's submission and the rationale for EPA's actions are explained in the NPRM. Comments on the proposed rulemaking were due on or before March 5, 2018. EPA received no adverse comments on the proposed action. II. Final Actions As described above, EPA is taking the following actions: (1) Approving the regional haze plan portion of Georgia's July 26, 2017, SIP submission to change reliance from CAIR to CSAPR; (2) converting EPA's limited approval/limited disapproval of Georgia's February 11, 2010, regional haze plan as supplemented on November 19, 2010, to a full approval; (3) removing EPA's FIP for Georgia which replaced reliance on CAIR with reliance on CSAPR to address the deficiencies identified in the limited disapproval of Georgia's regional haze plan; and (4) converting EPA's September 26, 2016, conditional approvals to full approvals of the prong 4 portion of Georgia's May 14, 2012, 2008 8-hour Ozone submission; March 25, 2013, 2010 1-hour NO2 submission; the State's October 22, 2013, 2010 1-hour SO2 submission as supplemented on July 25, 2014; and the State's December 14, 2015, 2012 annual PM2.5 submission. All other applicable infrastructure requirements for the infrastructure SIP submissions have been or will be addressed in separate rulemakings. III. 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. These actions merely approve state law as meeting Federal requirements and do not impose additional requirements beyond those imposed by state law. For that reason, these actions:Are not significant regulatory actions 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); Are not Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory actions because SIP approvals are exempted under Executive Order 12866; Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Are 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.); Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Are not economically significant regulatory actions based on health or [[Page 19640]] safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Are 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 Do 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 these actions 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.These actions are 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 these actions must be filed in the United States Court of Appeals for the appropriate circuit by July 3, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of these actions 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. These actions 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, Administrative practice and procedure, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate Matter, Reporting and recordkeeping requirements, Sulfur oxides. Dated: April 20, 2018. 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 Sec. 52.569 [Removed and Reserved] 0 2. Section 52.569 is removed and reserved. 0 3. Section 52.570(e) is amended by adding entries for ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO 2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQS'', ``110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQS'', and ``Regional Haze Plan Revision'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State submittal Name of nonregulatory SIP Applicable geographic or date/ EPA approval date Explanation provision nonattainment area effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure Georgia................. 3/25/2013 5/4/2018,.......... Addressing Prong 4 Requirements for the 2010 1- [Insert Federal only. hour NO2 NAAQS. Register citation]. 110(a)(1) and (2) Infrastructure Georgia................. 7/25/2014 5/4/2018,.......... Addressing Prong 4 Requirements for the 2010 1- [Insert Federal only. hour SO2 NAAQS. Register citation]. 110(a)(1) and (2) Infrastructure Georgia................. 12/14/2015 5/4/2018,.......... Addressing Prong 4 Requirements for the 2012 [Insert Federal only. Annual PM2.5 NAAQS. Register citation]. 110(a)(1) and (2) Infrastructure Georgia................. 5/14/2012 5/4/2018,.......... Addressing Prong 4 Requirements for the 2008 8- [Insert Federal only. hour Ozone NAAQS. Register citation]. Regional Haze Plan Revision..... Georgia................. 7/26/2017 5/4/2018,.......... .................. [Insert Federal Register citation]. ---------------------------------------------------------------------------------------------------------------- [[Page 19641]] Sec. 52.580 [Removed and Reserved] 0 4. Section 52.580 is removed and reserved. [FR Doc. 2018-09412 Filed 5-3-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations 19637
* * * * * Identification No. EPA–R04–OAR– visibility than BART. See 40 CFR
■ 5. Section 52.144 is amended by 2016–0315. All documents in the docket 51.308(e)(2). EPA provided states with
adding paragraph (c) to read as follows: are listed on the www.regulations.gov this flexibility in the RHR, adopted in
website. Although listed in the index, 1999, and further refined the criteria for
§ 52.144 Significant deterioration of air some information may not be publicly assessing whether an alternative
quality. available, i.e., Confidential Business program provides for greater reasonable
* * * * * Information or other information whose progress in two subsequent
(c) The requirements of sections 160 disclosure is restricted by statute. rulemakings. See 64 FR 35714 (July 1,
through 165 of the Clean Air Act are met Certain other material, such as 1999); 70 FR 39104 (July 6, 2005); 71 FR
as they apply to stationary sources copyrighted material, is not placed on 60612 (October 13, 2006).
under the jurisdiction of the Arizona the internet and will be publicly EPA demonstrated that CAIR would
Department of Environmental Quality available only in hard copy form. achieve greater reasonable progress than
(ADEQ), except with respect to Publicly available docket materials are BART in revisions to the regional haze
emissions of greenhouse gases (GHGs) available either electronically through program made in 2005.1 See 70 FR 39104
(as defined in § 52.21(b)(49)(i)). www.regulations.gov or in hard copy at (July 6, 2005). In those revisions, EPA
Therefore, the provisions of § 52.21, the Air Regulatory Management Section, amended its regulations to provide that
except paragraph (a)(1) of this section, Air Planning and Implementation states participating in the CAIR cap-and-
for GHGs are hereby made a part of the Branch, Air, Pesticides and Toxics trade programs pursuant to an EPA-
plan for stationary sources under the Management Division, U.S. approved CAIR SIP or states that remain
jurisdiction of ADEQ as it applies to the Environmental Protection Agency, subject to a CAIR FIP need not require
stationary sources described in Region 4, 61 Forsyth Street, SW, affected BART-eligible electric
§ 52.21(b)(49)(iv). Atlanta, Georgia 30303–8960. EPA generating units (EGUs) to install,
[FR Doc. 2018–09205 Filed 5–3–18; 8:45 am] requests that if at all possible, you operate, and maintain BART for
BILLING CODE 6560–50–P contact the person listed in the FOR emissions of SO2 and nitrogen oxides
FURTHER INFORMATION CONTACT section to (NOX). As a result of EPA’s
schedule your inspection. The Regional determination that CAIR was ‘‘better-
ENVIRONMENTAL PROTECTION Office’s official hours of business are than-BART,’’ a number of states in the
AGENCY Monday through Friday 8:30 a.m. to CAIR region, including Georgia, relied
4:30 p.m., excluding Federal holidays. on the CAIR cap-and-trade programs as
40 CFR Part 52 FOR FURTHER INFORMATION CONTACT: an alternative to BART for EGU
[EPA–R04–OAR–2016–0315; FRL–9977–49– Michele Notarianni, Air Regulatory emissions of SO2 and NOX in designing
Region 4] Management Section, Air Planning and their regional haze plans. These states
Implementation Branch, Air, Pesticides also relied on CAIR as an element of a
Air Plan Approval; Georgia; Regional and Toxics Management Division, U.S. long-term strategy (LTS) for achieving
Haze Plan and Prong 4 (Visibility) for Environmental Protection Agency, their reasonable progress goals (RPGs)
the 2012 PM2.5, 2010 NO2, 2010 SO2, Region 4, 61 Forsyth Street SW, Atlanta, for their regional haze programs.
and 2008 Ozone NAAQS Georgia 30303–8960. Ms. Notarianni can However, in 2008, the United States
be reached by telephone at (404) 562– Court of Appeals for the District of
AGENCY: Environmental Protection Columbia Circuit (D.C. Circuit)
Agency (EPA). 9031 or via electronic mail at
notarianni.michele@epa.gov. remanded CAIR to EPA without vacatur
ACTION: Final rule. to preserve the environmental benefits
SUPPLEMENTARY INFORMATION:
SUMMARY: The Environmental Protection provided by CAIR. North Carolina v.
I. Background EPA, 550 F.3d 1176, 1178 (D.C. Cir.
Agency (EPA) is approving the portion
A. Regional Haze Plans and Their 2008). On August 8, 2011 (76 FR 48208),
of Georgia’s July 26, 2017, State
Relationship With CAIR and CSAPR acting on the D.C. Circuit’s remand, EPA
Implementation Plan (SIP) submittal
promulgated CSAPR to replace CAIR
changing reliance from the Clean Air Section 169A(b)(2)(A) of the Clean Air and issued FIPs to implement the rule
Interstate Rule (CAIR) to the Cross-State Act (CAA or Act) requires states to in CSAPR-subject states.2
Air Pollution Rule (CSAPR) for certain submit regional haze plans that contain Implementation of CSAPR was
regional haze requirements. EPA is also such measures as may be necessary to scheduled to begin on January 1, 2012,
converting the previous limited make reasonable progress towards the
approval/limited disapproval of natural visibility goal, including a 1 CAIR created regional cap-and-trade programs to
Georgia’s regional haze plan to a full requirement that certain categories of reduce SO2 and NOX emissions in 27 eastern states
approval and is removing the Federal existing major stationary sources built (and the District of Columbia), including Georgia,
Implementation Plan (FIP) for Georgia that contributed to downwind nonattainment or
between 1962 and 1977 procure, install, interfered with maintenance of the 1997 8-hour
which replaced reliance on CAIR with and operate Best Available Retrofit ozone NAAQS or the 1997 PM2.5 NAAQS.
reliance on CSAPR. Finally, EPA is Technology (BART) as determined by 2 CSAPR requires 28 eastern states to limit their
converting the conditional approvals to the state. Under the Regional Haze Rule statewide emissions of SO2 and/or NOX in order to
full approvals for the visibility prong of mitigate transported air pollution unlawfully
(RHR), states are directed to conduct impacting other states’ ability to attain or maintain
Georgia’s infrastructure SIP submittals BART determinations for such ‘‘BART- four NAAQS: the 1997 ozone NAAQS, the 1997
for the 2012 Fine Particulate Matter eligible’’ sources that may be annual PM2.5 NAAQS, the 2006 24-hour PM2.5
(PM2.5), 2010 Nitrogen Dioxide (NO2), anticipated to cause or contribute to any NAAQS, and the 2008 8-hour ozone NAAQS. The
2010 Sulfur Dioxide (SO2), and 2008 8- CSAPR emissions limitations are defined in terms
visibility impairment in a Class I area.
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of maximum statewide ‘‘budgets’’ for emissions of
hour Ozone National Ambient Air Rather than requiring source-specific annual SO2, annual NOX, and/or ozone-season NOX
Quality Standards (NAAQS). BART controls, states also have the by each covered state’s large EGUs. The CSAPR
DATES: This rule will be effective June flexibility to adopt an emissions trading state budgets are implemented in two phases of
4, 2018. generally increasing stringency, with the Phase 1
program or other alternative program as budgets applying to emissions in 2015 and 2016
ADDRESSES: EPA has established a long as the alternative provides greater and the Phase 2 budgets applying to emissions in
docket for this action under Docket reasonable progress towards improving 2017 and later years.
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![19640 Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations
safety risks subject to Executive Order Congress and to the Comptroller General Matter, Reporting and recordkeeping
13045 (62 FR 19885, April 23, 1997); of the United States. EPA will submit a requirements, Sulfur oxides.
• Are not significant regulatory report containing these actions and Dated: April 20, 2018.
actions subject to Executive Order other required information to the U.S. Onis ‘‘Trey’’ Glenn, III,
13211 (66 FR 28355, May 22, 2001); Senate, the U.S. House of
Regional Administrator, Region 4.
• Are not subject to requirements of Representatives, and the Comptroller
Section 12(d) of the National General of the United States prior to 40 CFR part 52 is amended as follows:
Technology Transfer and Advancement publication of the rule in the Federal
Act of 1995 (15 U.S.C. 272 note) because Register. A major rule cannot take effect PART 52—APPROVAL AND
application of those requirements would until 60 days after it is published in the PROMULGATION OF
be inconsistent with the CAA; and Federal Register.These actions are not a IMPLEMENTATION PLANS
• Do not provide EPA with the ‘‘major rule’’ as defined by 5 U.S.C.
discretionary authority to address, as ■ 1. The authority citation for part 52
804(2).
appropriate, disproportionate human continues to read as follows:
Under section 307(b)(1) of the CAA,
health or environmental effects, using Authority: 42 U.S.C. 7401 et seq.
petitions for judicial review of these
practicable and legally permissible
actions must be filed in the United Subpart L—Georgia
methods, under Executive Order 12898
States Court of Appeals for the
(59 FR 7629, February 16, 1994). § 52.569 [Removed and Reserved]
appropriate circuit by July 3, 2018.
The SIP is not approved to apply on
Filing a petition for reconsideration by ■ 2. Section 52.569 is removed and
any Indian reservation land or in any
the Administrator of this final rule does reserved.
other area where EPA or an Indian tribe
has demonstrated that a tribe has not affect the finality of these actions for
■ 3. Section 52.570(e) is amended by
jurisdiction. In those areas of Indian the purposes of judicial review nor does
adding entries for ‘‘110(a)(1) and (2)
country, the rule does not have tribal it extend the time within which a
Infrastructure Requirements for the 2010
implications as specified by Executive petition for judicial review may be filed,
1-hour NO2 NAAQS’’, ‘‘110(a)(1) and (2)
Order 13175 (65 FR 67249, November 9, and shall not postpone the effectiveness
Infrastructure Requirements for the 2010
2000), nor will it impose substantial of such rule or action. These actions
1-hour SO2 NAAQS’’, ‘‘110(a)(1) and (2)
direct costs on tribal governments or may not be challenged later in
Infrastructure Requirements for the 2012
preempt tribal law. proceedings to enforce its requirements.
Annual PM2.5 NAAQS’’, ‘‘110(a)(1) and
The Congressional Review Act, 5 See section 307(b)(2).
(2) Infrastructure Requirements for the
U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52 2008 8-hour Ozone NAAQS’’, and
Business Regulatory Enforcement ‘‘Regional Haze Plan Revision’’ at the
Fairness Act of 1996, generally provides Environmental protection, end of the table to read as follows:
that before a rule may take effect, the Administrative practice and procedure,
agency promulgating the rule must Air pollution control, Incorporation by § 52.570 Identification of plan.
submit a rule report, which includes a reference, Intergovernmental relations, * * * * *
copy of the rule, to each House of the Nitrogen dioxide, Ozone, Particulate (e) * * *
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State
Applicable submittal
Name of nonregulatory SIP provi- geographic or date/ EPA approval date Explanation
sion nonattainment effective
area date
* * * * * * *
110(a)(1) and (2) Infrastructure Re- Georgia ............. 3/25/2013 5/4/2018, ........................................ Addressing Prong 4 only.
quirements for the 2010 1-hour [Insert Federal Register citation] ..
NO2 NAAQS.
110(a)(1) and (2) Infrastructure Re- Georgia ............. 7/25/2014 5/4/2018, ........................................ Addressing Prong 4 only.
quirements for the 2010 1-hour [Insert Federal Register citation] ..
SO2 NAAQS.
110(a)(1) and (2) Infrastructure Re- Georgia ............. 12/14/2015 5/4/2018, ........................................ Addressing Prong 4 only.
quirements for the 2012 Annual [Insert Federal Register citation] ..
PM2.5 NAAQS.
110(a)(1) and (2) Infrastructure Re- Georgia ............. 5/14/2012 5/4/2018, ........................................ Addressing Prong 4 only.
quirements for the 2008 8-hour [Insert Federal Register citation] ..
Ozone NAAQS.
Regional Haze Plan Revision ......... Georgia ............. 7/26/2017 5/4/2018, ........................................
[Insert Federal Register citation] ..
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![Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Rules and Regulations 19641
§ 52.580 [Removed and Reserved] title 41 of the United States Code). require the approval of the Office of
■ 4. Section 52.580 is removed and Specifically, 41 U.S.C. 1707(a)(1) Management and Budget under the
reserved. requires that a procurement policy, Paperwork Reduction Act (44 U.S.C.
regulation, procedure or form (including chapter 35).
[FR Doc. 2018–09412 Filed 5–3–18; 8:45 am]
an amendment or modification thereof)
BILLING CODE 6560–50–P List of Subjects in 48 CFR Part 201
must be published for public comment
if it relates to the expenditure of Government procurement.
appropriated funds, and has either a Amy G. Williams,
DEPARTMENT OF DEFENSE significant effect beyond the internal
Deputy, Defense Acquisition Regulations
operating procedures of the agency System.
Defense Acquisition Regulations issuing the policy, regulation, procedure
System or form, or has a significant cost or Therefore, 48 CFR part 201 is
administrative impact on contractors or amended as follows:
48 CFR Part 201 offerors. This final rule is not required
PART 201—FEDERAL ACQUISITION
[Docket DARS–2018–0017] to be published for public comment,
REGULATIONS SYSTEM
because it clarifies the purpose of the
RIN 0750–AJ69
defense system as required by the ■ 1. The authority citation for part 201
Defense Federal Acquisition NDAA for FY 2018. There is no cost or continues to read as follows:
Regulation Supplement: Statement of administrative impact on contractors or
Authority: 41 U.S.C. 1303 and 48 CFR
Purpose for Department of Defense offerors. These requirements affect only
chapter 1.
Acquisition (DFARS Case 2018–D005) the internal operating guidance of the
Government. ■ 2. Add section 201.101 to subpart
AGENCY: Defense Acquisition 201.1 to read as follows:
IV. Executive Orders 12866 and 13563
Regulations System, Department of
Defense (DoD). Executive Orders (E.O.s) 12866 and 201.101 Purpose.
ACTION: Final rule.
13563 direct agencies to assess all costs (1) The defense acquisition system, as
and benefits of available regulatory defined in 10 U.S.C. 2545, exists to
SUMMARY: DoD is issuing a final rule alternatives and, if regulation is manage the investments of the United
amending the Defense Federal necessary, to select regulatory States in technologies, programs, and
Acquisition Regulation Supplement approaches that maximize net benefits product support necessary to achieve
(DFARS) to implement a section of the (including potential economic, the national security strategy prescribed
National Defense Authorization Act for environmental, public health and safety by the President pursuant to section 108
Fiscal Year 2018 to revise the DFARS to effects, distributive impacts, and of the National Security Act of 1947 (50
include a statement of purpose. equity). E.O. 13563 emphasizes the U.S.C. 3043) and to support the United
DATES: Effective May 4, 2018. importance of quantifying both costs States Armed Forces.
and benefits, of reducing costs, of (2) The investment strategy of DoD
FOR FURTHER INFORMATION CONTACT: Ms.
harmonizing rules, and of promoting shall be postured to support not only
Kelly Hughes, telephone 571–372–6090. the current United States armed forces,
flexibility. This is not a significant
SUPPLEMENTARY INFORMATION: regulatory action and, therefore, was not but also future armed forces of the
I. Background subject to review under section 6(b) of United States.
E.O. 12866, Regulatory Planning and (3) The primary objective of DoD
DoD is amending the DFARS to Review, dated September 30, 1993. This acquisition is to acquire quality supplies
implement section 801 of the National rule is not a major rule under 5 U.S.C. and services that satisfy user needs with
Defense Authorization Act (NDAA) for 804. measurable improvements to mission
Fiscal Year (FY) 2018 (Pub. L. 115–404). capability and operational support at a
Section 801 directs the insertion of a V. Executive Order 13771 fair and reasonable price.
statement of purpose for Department of This rule is not subject to Executive [FR Doc. 2018–09488 Filed 5–3–18; 8:45 am]
Defense acquisition in the DFARS. This Order (E.O.) 13771, Reducing BILLING CODE 5001–06–P
rule adds the statement of purpose to Regulation and Controlling Regulatory
DFARS 201.101. Costs, because the rule relates to agency
II. Applicability to Contracts at or organization, management, or DEPARTMENT OF DEFENSE
Below the Simplified Acquisition personnel.
Defense Acquisition Regulations
Threshold and for Commercial Items, VI. Regulatory Flexibility Act System
Including Commercially Available Off-
Because a notice of proposed
the-Shelf Items 48 CFR Parts 212, 246, and 252
rulemaking and an opportunity for
This rule does not add any new public comment are not required to be [Docket DARS–2016–0014]
provisions or clauses or impact existing given for this rule under 41 U.S.C.
provisions or clauses. The rule merely 1707(a)(1) (see section III. of this RIN 0750–AI92
adds a purpose statement to the preamble), the analytical requirements
regulations. of the Regulatory Flexibility Act (5 Defense Federal Acquisition
U.S.C. 601 et seq.) are not applicable. Regulation Supplement: Amendments
III. Publication of This Final Rule for Related to Sources of Electronic Parts
Accordingly, no regulatory flexibility
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Public Comment Is Not Required by (DFARS Case 2016–D013)
Statute analysis is required and none has been
prepared. AGENCY: Defense Acquisition
The statute that applies to the Regulations System, Department of
publication of the Federal Acquisition VII. Paperwork Reduction Act
Defense (DoD).
Regulation (FAR) is the Office of Federal The rule does not contain any
ACTION: Final rule.
Procurement Policy statute (codified at information collection requirements that
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Document Created: 2018-11-02 09:52:07
Document Modified: 2018-11-02 09:52:07
| 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 will be effective June 4, 2018. | |
| Contact | Michele Notarianni, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Ms. Notarianni can be reached by telephone at (404) 562- 9031 or via electronic mail at [email protected] | |
| FR Citation | 83 FR 19637 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides |
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