SUPPLEMENTARY INFORMATION:

I. Background

GA EPD submitted a SIP revision through a letter dated July 31, 2018,^[1] to EPA for review and approval that revises Georgia's SIP-approved rules regarding its CSAPR ^[2] state trading programs at Rule 391-3-1-.02(12)—“ Cross State Air Pollution Rule NO_XAnnual Trading Program,” Rule 391-3-1-.02(13)—“ Cross State Air Pollution Rule SO₂Annual Trading Program,” and Rule 391-3-1-.02(14)—“ Cross State Air Pollution Rule NO_XOzone Season Trading Program.”

II. Analysis of State's Submittal

Georgia's submittal makes several typographical edits to Rule 391-3-1-.02(12)—“ Cross State Air Pollution Rule NO_X Annual Trading Program,” Rule 391-3-1-.02(13)—“ Cross State Air Pollution Rule SO₂ Annual Trading Program,” and Rule 391-3-1-.02(14)—“ Cross State Air Pollution Rule NO_X Ozone Season Trading Program.” Specifically, the revision to subparagraph 391-3-1-.02(12)(a) changes the brackets around the Federal Register reference and date to parentheses; the revision to subparagraph 391-3-1-.02(13)(a) changes the brackets around the Federal Register reference and date to parentheses, and changes the reference to “40 CFR part 97.402” to the correct reference of “40 CFR part 97.702;” and the revision to subparagraph 391-3-1-.02(14)(a) changes the brackets around the Federal Register reference and date to parentheses, and changes the reference to “40 CFR part 97.402” to the correct reference of “40 CFR part 97.502.”

III. Incorporation by Reference

In this document, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is proposing to incorporate by reference Georgia Rule 391-3-1-.02(12)—“ Cross State Air Pollution Rule NO_XAnnual Trading Program,” Rule 391-3-1-.02(13)—“ Cross State Air Pollution Rule SO₂ Annual Trading Program,” and Rule 391-3-1-.02(14)—“ Cross State Air Pollution Rule NO_XOzone Season Trading Program,” state effective July 23, 2018. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the “For Further Information Contact” section of this preamble for more information).

IV. Proposed Action

EPA is proposing to approve the aforementioned changes to Georgia's SIP at Rule 391-3-1-.02(12)—“ Cross State Air Pollution Rule NO_XAnnual Trading Program,” Rule 391-3-1-.02(13)—“ Cross State Air Pollution Rule SO₂Annual Trading Program,” and Rule 391-3-1-.02(14)—“ Cross State Air Pollution Rule NO_XOzone Season Trading Program.” These changes are consistent with the CAA.

V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. See42 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 proposes to approve state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:

• Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
• Is not anExecutive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);
• Does not have Federalism implications as specified inExecutive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject toExecutive Order 13211 (66 FR 28355, May 22, 2001);
• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and
• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, underExecutive 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.

( printed page 55109) Authority: 42 U.S.C. 7401 et seq.

84 FR 55107