38654 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

substantial number of small entities ENVIRONMENTAL PROTECTION http://www2.epa.gov/dockets/ under the Regulatory Flexibility Act (5 AGENCY commenting-epa-dockets. U.S.C. 601 et seq.); FOR FURTHER INFORMATION CONTACT: 40 CFR Part 52 • Does not contain any unfunded Michele Notarianni, Air Regulatory mandate or significantly or uniquely [EPA–R04–OAR–2016–0634; FRL–9966–32– Management Section, Air Planning and affect small governments, as described Region 4] Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. in the Unfunded Mandates Reform Act Air Plan Approval; ; Regional Environmental Protection Agency, of 1995 (Pub. L. 104–4); Haze Progress Report Region 4, 61 Forsyth Street SW., • Does not have Federalism Atlanta, Georgia 30303–8960. Ms. AGENCY: implications as specified in Executive Environmental Protection Agency (EPA). Notarianni can be reached by phone at Order 13132 (64 FR 43255, August 10, (404) 562–9031 and via electronic mail ACTION: 1999); Proposed rule. at [email protected]. • Is not an economically significant SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: regulatory action based on health or Agency (EPA) is proposing to approve a I. Background safety risks subject to Executive Order State Implementation Plan (SIP) States are required to submit a 13045 (62 FR 19885, April 23, 1997); revision submitted by the State of progress report in the form of a SIP • Georgia, Department of Natural Is not a significant regulatory action Resources, through the Georgia revision during the first implementation subject to Executive Order 13211 (66 FR Environmental Protection Division (GA period that evaluates progress towards 28355, May 22, 2001); EPD) on January 8, 2014. Georgia’s the RPGs for each mandatory Class I • Is not subject to requirements of January 8, 2014, SIP revision (Progress federal area 1 (Class I area) within the Section 12(d) of the National Report) addresses requirements of the state and for each Class I area outside Technology Transfer and Advancement Clean Air Act (CAA or Act) and EPA’s the state which may be affected by Act of 1995 (15 U.S.C. 272 note) because rules that require each state to submit emissions from within the state. 40 CFR 51.308(g). In addition, the provisions of application of those requirements would periodic reports describing progress 40 CFR 51.308(h) require states to be inconsistent with the Clean Air Act; towards reasonable progress goals (RPGs) established for regional haze and submit, at the same time as the 40 CFR and 51.308(g) progress report, a • a determination of the adequacy of the Does not provide EPA with the state’s existing SIP addressing regional determination of the adequacy of the discretionary authority to address, as haze (regional haze plan). EPA is state’s existing regional haze plan. The appropriate, disproportionate human proposing to approve Georgia’s first progress report is due five years health or environmental effects, using determination that the State’s regional after submittal of the initial regional practicable and legally permissible haze plan is adequate to meet these haze plan. Georgia submitted its first methods, under Executive Order 12898 RPGs for the first implementation regional haze plan on February 11, (59 FR 7629, February 16, 1994). period covering through 2018 and 2010, and supplemented its plan on November 19, 2010.2 In addition, the SIP is not approved requires no substantive revision at this time. Like many other states subject to the to apply on any Indian reservation land Clean Air Interstate Rule (CAIR), DATES: Comments must be received on or in any other area where EPA or an Georgia relied on CAIR in its regional or before September 14, 2017. Indian tribe has demonstrated that a haze plan to meet certain requirements tribe has jurisdiction. In those areas of ADDRESSES: Submit your comments, of EPA’s Regional Haze Rule, including Indian country, the rule does not have identified by Docket ID No. EPA–R04– best available retrofit technology tribal implications and will not impose OAR–2016–0634 at http:// (BART) requirements for emissions of www.regulations.gov. Follow the online substantial direct costs on tribal sulfur dioxide (SO2) and nitrogen oxides governments or preempt tribal law as instructions for submitting comments. (NOx) from certain electric generating Once submitted, comments cannot be specified by Executive Order 13175 (65 units (EGUs) in the State.3 This reliance edited or removed from Regulations.gov. FR 67249, November 9, 2000). was consistent with EPA’s regulations at EPA may publish any comment received the time that Georgia developed its List of Subjects in 40 CFR Part 52 to its public docket. Do not submit regional haze plan. See 70 FR 39104 electronically any information you (July 6, 2005). However, in 2008, the Environmental protection, Air consider to be Confidential Business Court of Appeals for the pollution control, Carbon monoxide, Information (CBI) or other information District of Columbia Circuit (D.C. Incorporation by reference, whose disclosure is restricted by statute. Intergovernmental relations, Lead, Multimedia submissions (audio, video, 1 Areas designated as mandatory Class I federal Nitrogen dioxide, Ozone, Particulate etc.) must be accompanied by a written areas consist of national parks exceeding 6000 matter, Reporting and recordkeeping comment. The written comment is acres, wilderness areas and national memorial parks considered the official comment and exceeding 5000 acres, and all international parks requirements, Sulfur oxides, Volatile that were in existence on August 7, 1977. 42 U.S.C. organic compounds. should include discussion of all points 7472(a). These areas are listed at 40 CFR part 81, you wish to make. EPA will generally subpart D. Dated: July 27, 2017. not consider comments or comment 2 Georgia’s February 11, 2010, regional haze plan Robert A. Kaplan, contents located outside of the primary as supplemented on November 19, 2010, is Acting Regional Administrator, Region 5. hereinafter collectively referred to as Georgia’s submission (i.e., on the web, cloud, or regional haze plan unless otherwise specified. [FR Doc. 2017–17230 Filed 8–14–17; 8:45 am] other file sharing system). For 3 CAIR required certain states, including Georgia, BILLING CODE 6560–50–P additional submission methods, the full to reduce emissions of SO2 and NOX that EPA public comment policy, significantly contribute to downwind nonattainment of the 1997 National Ambient Air information about CBI or multimedia Quality Standard (NAAQS) for fine particulate submissions, and general guidance on matter (PM2.5) and ozone. See 70 FR 25162 (May 12, making effective comments, please visit 2005).

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38655

Circuit) remanded CAIR to EPA without Generation, L.P. v. EPA, 795 F.3d 118 As discussed above, a number of vacatur to preserve the environmental (D.C. Cir. 2015). The remanded budgets states, including Georgia, submitted benefits provided by CAIR. North include the Phase 2 SO2 emissions regional haze plans that relied on CAIR Carolina v. EPA, 550 F.3d 1176, 1178 budget for Georgia. This litigation to meet certain regional haze (D.C. Cir. 2008). On August 8, 2011 (76 ultimately delayed implementation of requirements. EPA finalized a limited FR 48208), acting on the D.C. Circuit’s CSAPR for three years, from January 1, disapproval of Georgia’s regional haze remand, EPA promulgated CSAPR to 2012, when CSAPR’s cap-and-trade plan due to this reliance and replace CAIR and issued Federal programs were originally scheduled to promulgated a FIP to replace reliance on Implementation Plans (FIPs) to replace the CAIR cap-and-trade CAIR with reliance on CSAPR. The D.C. implement the rule in CSAPR-subject programs, to January 1, 2015. Thus, the Circuit ultimately affirmed CSAPR in states.4 Implementation of CSAPR was rule’s Phase 2 budgets, originally most respects, and CSAPR is now in scheduled to begin on January 1, 2012, promulgated to begin on January 1, effect. EME Homer City Generation, L.P. when CSAPR would have superseded 2014, began on January 1, 2017. On July v. EPA, 795 F.3d 118 (D.C. Cir. 2015). the CAIR program. However, numerous 26, 2017, Georgia submitted a SIP Georgia notes in its Progress Report that parties filed petitions for review of revision that adopts provisions for CAIR was in effect due to the D.C. CSAPR, and at the end of 2011, the D.C. participation in the CSAPR annual NOX Circuit’s decisions at the time of Circuit issued an order staying CSAPR and annual SO2 trading programs, submittal. Because CSAPR should result pending resolution of the petitions and including annual NOX and annual SO2 in greater emissions reductions of SO2 directing EPA to continue to administer budgets that are equal to the budgets for and NOX than CAIR throughout the CAIR. Order of December 30, 2011, in Georgia in EPA’s CSAPR FIP. affected region, EPA expects Georgia to EME Homer City Generation, L.P. v. On January 8, 2014, Georgia maintain and continue its progress EPA, D.C. Cir. No. 11–1302. towards its RPGs for 2018 through On June 28, 2012 (77 FR 38501), EPA submitted its Progress Report which, continued, and additional, SO and NO finalized a limited approval of Georgia’s among other things, details the progress 2 X reductions. See generally 76 FR 48208 regional haze plan as meeting some of made in the first period toward the applicable regional haze implementation of the long term (August 8, 2011). requirements of the first implementation strategy outlined in the State’s regional In its Progress Report, Georgia period for regional haze. In a separate haze plan; the visibility improvement identifies the status of implementation measured at the three Class I areas action published on June 7, 2012 (77 FR of SO2 controls required by Georgia Rule 33642), EPA finalized a limited within its borders (Cohutta Wilderness 391–3–1–.02(2)(sss)—‘‘Multipollutant disapproval of Georgia’s regional haze Area, Area, and Rule’’ (Rule (sss)) that were scheduled plan because of deficiencies arising Wolf Island Wilderness Area) and at to be installed at the time of the original from the State’s reliance on CAIR to Class I areas outside of the State regional haze plan submittal. Rule (sss), satisfy certain regional haze potentially impacted by emissions from enacted in response to CAIR, requires requirements. In the June 7, 2012, Georgia; and a determination of the the installation and operation of flue gas adequacy of the State’s existing regional action, EPA also promulgated FIPs to desulfurization (FGD) to control SO2 replace reliance on CAIR with reliance haze plan. EPA is proposing to approve emissions and selective catalytic Georgia’s January 8, 2014, Progress on CSAPR to address deficiencies in reduction (SCR) to control NOX CAIR-dependent regional haze plans of Report for the reasons discussed below. emissions on the majority of the coal- several states, including Georgia’s II. EPA’s Evaluation of Georgia’s fired EGUs in Georgia. The State notes regional haze plan. Progress Report and Adequacy that these controls will reduce NOX On August 21, 2012, the D.C. Circuit Determination emissions from these EGUs by issued its ruling on CSAPR, vacating approximately 85 percent and reduce and remanding the Rule to EPA and A. Regional Haze Progress Report SO2 emissions by at least 95 percent. ordering continued implementation of The implementation dates vary by EGU, CAIR. EME Homer City Generation, L.P. This section includes EPA’s analysis of Georgia’s Progress Report and an starting on December 31, 2008, and v. EPA, 696 F.3d 7, 38 (D.C. Cir. 2012). ending on December 31, 2015. To date, The D.C. Circuit’s vacatur of CSAPR was explanation of the basis for the Agency’s proposed approval. all planned controls have been reversed by the United States Supreme implemented either early or on time. By Court on April 29, 2014, and the case 1. Control Measures installing and operating FGD and SCR was remanded to the D.C. Circuit to controls in accordance with Rule (sss), resolve remaining issues in accordance In its Progress Report, Georgia Georgia EGUs also met the requirements with the high court’s ruling. EPA v. EME summarizes the status of the emissions of CAIR. In its regional haze plan and Homer City Generation, L.P., 134 S. Ct. reduction measures that were included Progress Report, Georgia focuses its 1584 (2014). On remand, the D.C. in the final iteration of the Visibility assessment on SO emissions from Circuit affirmed CSAPR in most Improvement State and Tribal 2 respects, but invalidated without Association of the Southeast (VISTAS) EGUs because of VISTAS’ findings that vacating some of the CSAPR budgets as regional haze emissions inventory and ammonium sulfate accounted for more to a number of states. EME Homer City RPG modeling used by the State in than 70 percent of the visibility- developing its regional haze plan. The impairing pollution in the VISTAS 5 4 CSAPR requires 27 Eastern states to limit their measures include, among other things, states and that SO2 point source statewide emissions of SO2 and/or NOX in order to applicable federal programs (e.g., mobile emissions are projected to represent mitigate transported air pollution unlawfully source rules and Maximum Achievable more than 95 percent of the total SO2 impacting other states’ ability to attain or maintain emissions in the VISTAS states in four NAAQS: The 1997 ozone NAAQS, the 1997 Control Technology standards) and annual PM2.5 NAAQS, the 2006 24-hour PM2.5 federal and state control strategies for NAAQS, and the 2008 8-hour ozone NAAQS. The EGUs. Georgia also described the court 5 Sulfate levels on the 20 percent worst days CSAPR emissions limitations are defined in terms account for 60–70 percent of the visibility of maximum statewide budgets for emissions of decisions addressing CAIR and CSAPR impairment at Georgia’s Class I areas. For additional annual SO2, annual NOX, and/or ozone-season NOX at the time of Progress Report information, see Georgia’s February 11, 2010, by each covered state’s large EGUs. development. regional haze plan submittal at page 13.

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS 38656 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

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

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38657

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

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

SO2 Emissions (tons) 2007 2008 2009 2010 2011

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

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

TABLE 2—BASELINE VISIBILITY, CURRENT VISIBILITY, AND VISIBILITY CHANGES IN CLASS I AREAS IN GEORGIA

Baseline Current RPG Class I area (2000–2004) (2006–2010) Difference (2018)

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

TABLE 3—CHANGES IN FIVE-YEAR VISIBILITY AVERAGES FROM 2005–2010

Change Class I area 2005 2006 2007 2008 2009 2010 (2010–2005)

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

All Georgia Class I areas saw an conditions (2000–2004), current emissions inventory for 2007 and improvement in visibility between conditions based on the most recently compares this data to the baseline baseline and 2006–2010 conditions and available visibility monitoring data emissions inventory for 2002 (actual an overall decline in the five-year available at the time of Progress Report and typical emissions) from its regional visibility averages from 2006–2010. development, and the change in haze plan.22 The pollutants inventoried EPA proposes to find that Georgia has visibility impairment from 2006–2010. include volatile organic compounds (VOC), ammonia (NH ), NO , coarse adequately addressed the applicable 4. Emissions Tracking 3 X provisions under 40 CFR 51.308(g) particulate matter (PM10), fine regarding visibility conditions because In its Progress Report, Georgia the State provided baseline visibility includes data from a statewide actual

19 For the first regional haze plans, ‘‘baseline’’ 20 There is no annual average for Cohutta for the shut down or operating above or below normal, the conditions were represented by the 2000–2004 time year 2006. emissions are normalized to a typical emissions period. See 64 FR 35730 (July 1, 1999). Wolf Island 21 Id. inventory year. The purpose is to smooth out Wilderness Area does not have a visibility monitor; potential anomalies in EGU emissions (related to 22 For the typical 2002 stationary point source therefore, visibility data from Okefenokee meteorology, economic, and outage factors) in a Wilderness Area is used for both areas given their emissions inventory, Georgia adjusted the EGU given year. The typical year data is used to develop proximity. For more information, see 77 FR 11459. emissions for a typical year so that if sources were projected typical future year emissions inventories.

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS 38658 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

23 particulate matter (PM2.5), and SO2. work was done to improve and verify its Table 4 shows that actual emissions of The emissions inventories include the accuracy. Georgia estimated on-road PM2.5 in 2007 are slightly higher than following source classifications: Point, mobile source emissions in the 2007 2002 emissions. Both the 2002 and 2007 area, biogenics, non-road mobile, and inventory using EPA’s MOVES model. actual emissions inventories are lower on-road mobile sources. This model tends to estimate higher than the projected emissions for 2009 Georgia’s Progress Report narrative emissions for NOX and PM than its and 2018 from Georgia’s regional haze includes the actual and typical previous counterpart, EPA’s MOBILE6.2 plan. The State notes that the increase emissions inventories from its regional model, used by the State to estimate on- in on-road mobile PM2.5 emissions from haze plan for 2002, and summarizes road mobile source emissions for the 2002 to 2007 is due to the change from actual emissions data for SO2, NOX, and 2002 inventories. Georgia also included MOBILE 6.2 to the MOVES model and 24 PM2.5 from 2007. Although EPA’s projected emissions data from its that the decrease in area source PM2.5 2008 National Emissions Inventory was February 11, 2010, regional haze plan emissions from 2002 to 2007 is mainly available, Georgia believes that the 2007 due to a change in the methodology submittal for these visibility-impairing inventory was a more accurate and more used for calculating this sector’s pollutants for the years 2009 and 2018. detailed inventory because additional emissions.

TABLE 4—PM2.5 EMISSIONS [tons]

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

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

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

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

TABLE 5—NOX EMISSIONS [tons]

2002 2002 2007 2009 2018 Sector Actual Typical Actual Projected Projected

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

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

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

23 See Appendices F through I of Georgia’s Report narrative because VISTAS performed region, including Georgia. See 77 FR 11456, 11460 Progress Report for inventories of these pollutants. modeling sensitivity analyses which demonstrated (February 27, 2012). 24 Georgia focuses on the visibility-impairing that anthropogenic emissions of VOC and NH3 do pollutants of SO2, NOX, and PM2.5 in its Progress not significantly impair visibility in the VISTAS

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules 38659

TABLE 6—SO2 EMISSIONS [tons]

2002 2002 2007 2009 2018 Sector Actual Typical Actual Projected Projected

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

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

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

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS 38660 Federal Register / Vol. 82, No. 156 / Tuesday, August 15, 2017 / Proposed Rules

remainder of the first implementation to meet their implementation schedules; in the Unfunded Mandates Reform Act period in 2018, EPA is proposing to reduction of SO2 emissions continues to of 1995 (Pub. L. 104–4); approve Georgia’s finding that the plan be the appropriate strategy for • does not have Federalism elements and strategies in its improvement of visibility in Georgia’s implications as specified in Executive implementation plan are sufficient to Class I areas; EGU SO2 emissions Order 13132 (64 FR 43255, August 10, achieve the RPGs for the Class I area in dropped from 2002 to 2011 by 325,795 1999); the State and for Class I areas in nearby tons,28 and the actual change in • is not an economically significant states potentially impacted by sources visibility through 2010 for Georgia’s regulatory action based on health or in the State. Class I areas is better than the what the safety risks subject to Executive Order State predicted for 2010 and is 13045 (62 FR 19885, April 23, 1997); 7. Review of Current Monitoring • is not a significant regulatory action Strategy exceeding the uniform rate of progress. EPA proposes to find that Georgia has subject to Executive Order 13211 (66 FR Georgia’s Progress Report summarizes 28355, May 22, 2001); adequately addressed 40 CFR 51.308(h) • the existing monitoring network in the because the visibility trends at the Class is not subject to requirements of State to monitor visibility in Georgia’s I areas in the State and at Class I areas Section 12(d) of the National Class I areas and concludes that no outside the State potentially impacted Technology Transfer and Advancement modifications to the existing visibility by sources within Georgia and the Act of 1995 (15 U.S.C. 272 note) because monitoring strategy are necessary. The emissions trends of the largest emitters application of those requirements would primary monitoring network for regional of visibility-impairing pollutants in the be inconsistent with the CAA; and • does not provide EPA with the haze, both nationwide and in Georgia, is State indicate that the relevant RPGs discretionary authority to address, as the IMPROVE network. There are will be met. currently two IMPROVE sites in appropriate, disproportionate human Georgia. One is located in the Cohutta III. Proposed Action health or environmental effects, using Wilderness Area. The other monitor is EPA is proposing to approve Georgia’s practicable and legally permissible located in the Okefenokee Wilderness Regional Haze Progress Report SIP methods, under Executive Order 12898 area and serves as the monitoring site revision, submitted by the State on (59 FR 7629, February 16, 1994). The SIP is not approved to apply on for both the Okefenokee and Wolf Island January 8, 2014, as meeting the any Indian reservation land or in any Wilderness Areas. applicable regional haze requirements The State also explains the other area where EPA or an Indian tribe set forth in 40 CFR 51.308(g) and importance of the IMPROVE monitoring has demonstrated that a tribe has 51.308(h). network for tracking visibility trends at jurisdiction. In those areas of Indian Class I areas in Georgia, noting that IV. Statutory and Executive Order country, the rule does not have tribal because IMPROVE monitoring data from Reviews implications as specified by Executive 2000–2004 serve as the baseline for the Under the CAA, the Administrator is Order 13175 (65 FR 67249, November 9, regional haze program, the future required to approve a SIP submission 2000), nor will it impose substantial regional haze monitoring strategy that complies with the provisions of the direct costs on tribal governments or should be based on IMPROVE data (or Act and applicable federal regulations. preempt tribal law. data directly comparable to IMPROVE See 42 U.S.C. 7410(k); 40 CFR 52.02(a). List of Subjects in 40 CFR Part 52 data). Georgia also highlights that the Thus, in reviewing SIP submissions, IMPROVE measurements provide the Environmental protection, Air EPA’s role is to approve state choices, only long-term record available for pollution control, Incorporation by provided that they meet the criteria of tracking visibility improvement or reference, Intergovernmental relations, the CAA. Accordingly, this proposed degradation. The Visibility Information Nitrogen oxides, Particulate matter, action merely proposes to approve state Exchange Web System Web site has Reporting and recordkeeping law as meeting federal requirements and been maintained by VISTAS and the requirements, Sulfur dioxide, Volatile does not impose additional other Regional Planning Organizations organic compounds. requirements beyond those imposed by to provide ready access to the IMPROVE state law. For that reason, this proposed Authority: 42 U.S.C. 7401 et seq. data and data analysis tools. action: Dated: August 7, 2017. EPA proposes to find that Georgia has • adequately addressed the applicable Is not a significant regulatory action V. Anne Heard, provisions of 40 CFR 51.308(g) subject to review by the Office of Acting Regional Administrator, Region 4. regarding monitoring strategy because Management and Budget under [FR Doc. 2017–17229 Filed 8–14–17; 8:45 am] Executive Orders 12866 (58 FR 51735, the State reviewed its visibility BILLING CODE 6560–50–P monitoring strategy and determined that October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); no further modifications to the strategy • are necessary. does not impose an information ENVIRONMENTAL PROTECTION collection burden under the provisions AGENCY B. Determination of Adequacy of of the Paperwork Reduction Act (44 Existing Regional Haze Plan U.S.C. 3501 et seq.); 40 CFR Part 52 • In its Progress Report, Georgia is certified as not having a [EPA–R04–OAR–2017–0360; FRL–9966–39– submitted a declaration to EPA that the significant economic impact on a Region 4] existing regional haze plan requires no substantial number of small entities further substantive revision at this time under the Regulatory Flexibility Act (5 Air Plan Approval; Alabama: to achieve the RPGs for Class I areas U.S.C. 601 et seq.); Prevention of Significant Deterioration affected by the State’s sources. The basis • does not contain any unfunded Updates mandate or significantly or uniquely for the State’s declaration is the findings AGENCY: Environmental Protection affect small governments, as described from the Progress Report, including the Agency. findings that: The control measures in ACTION: Proposed rule. Georgia’s regional haze plan are on track 28 See page 39 of Georgia’s Progress Report.

VerDate Sep<11>2014 16:14 Aug 14, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\15AUP1.SGM 15AUP1 mstockstill on DSK30JT082PROD with PROPOSALS