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; Georgia; 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 United States 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).