Proposed Rule2025-15461
Air Plan Approval; GA; Updates to the Cross-State Air Pollution Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 14, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted through the Georgia Environmental Protection Division (GA EPD) on July 18, 2024, regarding updates to the State's Cross-State Air Pollution Rule (CSAPR) emissions trading programs. The SIP revision incorporates by reference (IBRs) certain amendments EPA has made to the regulations for the Federal CSAPR trading programs for annual emissions of nitrogen oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) and the Federal CSAPR trading program for NO<INF>X</INF> emissions during the ozone season from May 1 to September 30, all three of which apply to large electric generating units (EGUs). EPA created these Federal trading programs in 2011 as market-based mechanisms for Georgia and certain other states to address their obligations to downwind states under the Clean Air Act's (CAA's) good neighbor provision with respect to the national ambient air quality standards (NAAQS) for fine particulate matter (PM<INF>2.5</INF>) and ground-level ozone. The SIP revision also updates the definition for "Volatile Organic Compound." EPA is proposing to approve Georgia's July 18, 2024, SIP revision because it is consistent with EPA's good neighbor CSAPR trading programs and the CAA.
Full Text
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<title>Federal Register, Volume 90 Issue 155 (Thursday, August 14, 2025)</title>
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[Federal Register Volume 90, Number 155 (Thursday, August 14, 2025)]
[Proposed Rules]
[Pages 39144-39148]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15461]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0606; FRL-12862-01-R4]
Air Plan Approval; GA; Updates to the Cross-State Air Pollution
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted through
the Georgia Environmental Protection Division (GA EPD) on July 18,
2024, regarding updates to the State's Cross-State Air Pollution Rule
(CSAPR) emissions trading programs. The SIP revision incorporates by
reference (IBRs) certain amendments EPA has made to the regulations for
the Federal CSAPR trading programs for annual emissions of nitrogen
oxides (NO<INF>X</INF>) and sulfur dioxide (SO<INF>2</INF>) and the
Federal CSAPR trading program for NO<INF>X</INF> emissions during the
ozone season from May 1 to September 30, all three of which apply to
large electric generating units (EGUs). EPA created these Federal
trading programs in 2011 as market-based mechanisms for Georgia and
certain other states to address their obligations to downwind states
under the Clean Air Act's (CAA's) good neighbor provision with respect
to the national ambient air quality standards (NAAQS) for fine
particulate matter (PM<INF>2.5</INF>) and ground-level ozone. The SIP
revision also updates the definition for ``Volatile Organic Compound.''
EPA is proposing to approve Georgia's July 18, 2024, SIP revision
because it is consistent with EPA's good neighbor CSAPR trading
programs and the CAA.
DATES: Comments must be received on or before September 15, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2024-0606 at <a href="http://www.regulations.gov">www.regulations.gov</a>. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Josue Ortiz Borrero, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. Mr. Ortiz can be
reached via phone number (404) 562-8085 or via electronic mail at
<a href="/cdn-cgi/l/email-protection#6d021f1904170f021f1f081f024307021e18082d081d0c430a021b"><span class="__cf_email__" data-cfemail="bbd4c9cfd2c1d9d4c9c9dec9d495d1d4c8cedefbdecbda95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Overview
EPA is proposing to approve GA EPD's July 18, 2024, SIP submission
which updates the State's regulations for trading programs at Rule 391-
3-1-.02(12), ``Cross State Air Pollution Rule NO<INF>X</INF> Annual
Trading Program;'' Rule 391-3-1-.02(13), ``Cross State Air Pollution
Rule SO<INF>2</INF> Annual Trading Program;'' and Rule 391-3-1-.02(14),
``Cross State Air Pollution Rule NO<INF>X</INF> Ozone Season Trading
Program.'' Large EGUs in Georgia are subject to these three State CSAPR
trading programs for annual NO<INF>X</INF> and SO<INF>2</INF>
emissions--which are precursors to PM<INF>2.5</INF>--and ozone season
NO<INF>X</INF> emissions--which are precursors to ground-level ozone--
to address the State's good neighbor obligations with respect to the
1997 annual fine particulate matter (PM<INF>2.5</INF>) NAAQS, the 2006
24-hour PM<INF>2.5</INF> NAAQS, and the 1997 8-hour ozone NAAQS.
Pursuant to CAA section 110(a)(2)(D)(i)(I), known as the ``good
neighbor'' provision, states are required to address air pollution from
sources within their jurisdiction that affects downwind states' ability
to attain and maintain the NAAQS. See 42 U.S.C. 7410(a)(2)(D)(i)(I).
The State CSAPR trading programs are integrated with the Federal CSAPR
NO<INF>X</INF> Annual Trading Program, the Federal CSAPR NO<INF>X</INF>
Ozone Season Group 1 Trading Program, and the Federal CSAPR
SO<INF>2</INF> Group 2 Trading Program established by EPA's regulations
at 40 CFR part 97, subparts AAAAA, BBBBB, and DDDDD, respectively. As
adopted by the State before this SIP revision, and as previously
approved by EPA into Georgia's SIP, Georgia's CSAPR trading program
regulations generally IBR the Federal CSAPR trading program regulations
as the Federal regulations had been amended through October 26,
2016.\1\
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\1\ On October 26, 2016, EPA published the CSAPR Update. See
Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, 81
FR 74504.
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Georgia's July 18, 2024, SIP submission updates the IBR language to
reflect amendments EPA made to the Federal CSAPR trading program
regulations in the 2021 Revised CSAPR Update,\2\ the 2022 Recordation
Rule,\3\ the 2023 Good Neighbor Plan \4\ (GNP), and a subsequent
interim final rule
[[Page 39145]]
administratively staying the GNP for sources in several states in
response to judicial orders partially staying another EPA action.\5\
Section II, below, briefly summarizes the framework of the CSAPR
trading programs and how those programs are implemented in Georgia.
Additionally, this SIP revision also updates Georgia's volatile organic
compounds (VOC) definition at Rule 391-3-1-.01, ``Definitions.''
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\2\ Revised Cross-State Air Pollution Rule Update for the 2008
Ozone NAAQS, 86 FR 23054 (April 30, 2021).
\3\ Deadlines for Submission and Recordation of Allowance
Allocations Under the Cross-State Air Pollution Rule (CSAPR) Trading
Programs and the Texas SO<INF>2</INF> Trading Program, 87 FR 52473
(August 26, 2022).
\4\ Federal ``Good Neighbor Plan'' for the 2015 Ozone National
Ambient Air Quality Standards, 88 FR 36654 (June 5, 2023).
\5\ Federal ``Good Neighbor Plan'' for the 2015 Ozone National
Ambient Air Quality Standards; Response to Judicial Stays of SIP
Disapproval Action for Certain States, 88 FR 49295 (July 31, 2023).
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EPA is proposing to approve Georgia's July 18, 2024, SIP revision
because it is consistent with EPA's good neighbor CSAPR trading
programs and the CAA.\6\ Please refer to the Federal Register citations
referenced herein for additional detailed background on the CSAPR and
subsequent rulemakings.
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\6\ EPA is not acting on proposed changes in Georgia's July 18,
2024, submittal regarding Rule 391-3-1-.02(8), New Source
Performance Standards, and 391-3-1-.02(9), Emission Standards for
Hazardous Air Pollutants because these rules are not included in
EPD's federally approved SIP and are not submitted as SIP revisions.
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II. Background on CSAPR and CSAPR-Related Rulemakings
EPA published the original CSAPR in August 2011 to address the good
neighbor requirements of CAA section 110(a)(2)(D)(i)(I), concerning
interstate transport of air pollution.\7\ See 42 U.S.C.
7410(a)(2)(D)(i)(I). Acting to address the same statutory provision,
EPA published the CSAPR Update on October 26, 2016 (81 FR 74504) and
the Revised CSAPR Update on April 30, 2021 (86 FR 23054). These three
rules collectively require 27 states to limit their statewide emissions
of SO<INF>2</INF> and/or NO<INF>X</INF> to mitigate transported air
pollution unlawfully impacting other states' ability to attain or
maintain one or more of the following four NAAQS: the 1997 annual
PM<INF>2.5</INF> NAAQS, the 2006 24-hour PM<INF>2.5</INF> NAAQS, the
1997 8-hour ozone NAAQS, and the 2008 8-hour ozone NAAQS. To implement
the required emissions reductions, the rules include Federal
implementation plans (FIPs) that require EGUs in each covered state to
participate in one or more of six Federal emissions trading programs
established under regulations set forth at 40 CFR part 97, subparts
AAAAA through EEEEE and GGGGG.\8\
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\7\ Federal Implementation Plans: Interstate Transport of Fine
Particulate Matter and Ozone and Correction of SIP Approvals, 76 FR
48208 (August 8, 2011).
\8\ The trading programs established under CSAPR, the CSAPR
Update, and the Revised CSAPR Update include a program for annual
NO<INF>X</INF> emissions; two geographically separate programs for
annual SO<INF>2</INF> emissions; and three geographically separate
programs for ozone-season NO<INF>X</INF> emissions. CSAPR replaced
the earlier Clean Air Interstate Rule (CAIR) and established Federal
trading programs for power plants to reduce emissions of
NO<INF>X</INF> and SO<INF>2</INF>, which are precursors to ozone and
PM<INF>2.5</INF>.
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Georgia has been subject to CSAPR since its inception, with EGUs
required to participate in Federal trading programs for NO<INF>X</INF>
and SO<INF>2</INF> emissions. As part of the original CSAPR in 2011,
EPA determined that emissions from Georgia significantly contributed to
nonattainment or interference with maintenance of the 1997 ozone NAAQS,
1997 annual PM<INF>2.5</INF> NAAQS, and 2006 24-hour PM<INF>2.5</INF>
in other states.\9\ To address Georgia's good neighbor obligations, the
State's large EGUs became subject to the Federal CSAPR NO<INF>X</INF>
Annual Trading Program established in subpart AAAAA of 40 CFR part 97,
the Federal CSAPR NO<INF>X</INF> Ozone Season Group 1 Trading Program
established in subpart BBBBB of 40 CFR part 97, and the Federal CSAPR
SO<INF>2</INF> Group 2 Trading Program established in subpart DDDDD of
40 CFR part 97.\10\
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\9\ See 76 FR at 48213.
\10\ See 76 FR at 48363.
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In the 2016 CSAPR Update, EPA did not reopen the previous
determination that Georgia has a good neighbor obligation with respect
to the 1997 ozone NAAQS, but found that the State does not need to
implement further emissions reductions to meet its good neighbor
obligations with respect to the 2008 ozone NAAQS.\11\ Georgia's
original CSAPR NO<INF>X</INF> ozone season requirements (including its
emission budget) continued unchanged.\12\ The CSAPR Update included
technical corrections to all the trading programs established in CSAPR
but did not otherwise address the 1997 or 2006 PM<INF>2.5</INF> NAAQS.
Georgia's EGUs that meet the CSAPR applicability criteria therefore
continued to be subject to the CSAPR requirements to participate in the
Federal CSAPR NO<INF>X</INF> Annual Trading Program, the Federal CSAPR
NO<INF>X</INF> Ozone Season Group 1 Trading Program,\13\ and the
Federal CSAPR SO<INF>2</INF> Group 2 Trading Program to address the
State's good neighbor obligations with respect to the 1997 ozone NAAQS
and the 1997 and 2006 PM<INF>2.5</INF> NAAQS.
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\11\ See 81 FR at 74506.
\12\ Id.
\13\ Following the CSAPR Update, Georgia is the only state whose
units participate in this trading program. See 40 CFR
52.38(b)(2)(i); CSAPR Update, 81 FR at 74509.
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CSAPR includes provisions under which states may submit and EPA
will approve SIP revisions to modify or replace the CSAPR FIP
requirements while allowing states to continue to meet their good
neighbor obligations using either CSAPR's Federal emissions trading
programs or State emissions trading programs integrated with the
Federal programs.\14\ Georgia took advantage of these provisions in
2017. That year, Georgia submitted and EPA approved revisions to
Georgia's SIP establishing three State CSAPR trading programs that
replaced the three Federal CSAPR trading programs regarding Georgia
EGUs for annual emissions of NO<INF>X</INF> and SO<INF>2</INF> and
NO<INF>X</INF> ozone season emissions. EPA approved Georgia's July 26,
2017 SIP submission in an action published on October 13, 2017,\15\
which added to the SIP Georgia Rules 391-3-1-.02(12), ``Cross State Air
Pollution Rule NO<INF>X</INF> Annual Trading Program;'' Rule 391-3-
1-.02(13), ``Cross State Air Pollution Rule SO<INF>2</INF> Annual
Trading Program;'' and Rule 391-3-1-.02(14), ``Cross State Air
Pollution Rule NO<INF>X</INF> Ozone Season Trading Program,''
comprising Georgia's versions of the Federal trading program
regulations. In general, each State CSAPR trading program rule is
designed to replace the corresponding Federal trading program
regulation. These Georgia CSAPR State trading programs are now
integrated with the Federal CSAPR NO<INF>X</INF> Annual Trading
program, the Federal CSAPR SO<INF>2</INF> Group 2 Trading Program, and
the Federal CSAPR NO<INF>X</INF> Ozone Season Group 1 Trading Program,
respectively. The State trading programs are substantively identical to
the Federal trading programs.\16\ Georgia units subject to the State
CSAPR trading programs are generally required to meet the same
requirements they would otherwise have been subject to under the
corresponding CSAPR Federal trading programs.\17\
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\14\ See 76 FR at 48326-332; 40 CFR 52.38, 52.39. States also
retain the ability to submit SIP revisions to meet their good
neighbor obligations using mechanisms other than the CSAPR Federal
trading programs or integrated State trading programs.
\15\ See Air Plan Approval; Georgia; Cross-State Air Pollution
Rule, 82 FR 47930 (October 13, 2017).
\16\ The Georgia regulations are designed to IBR most of
subparts AAAAA, BBBBB, and DDDDD of 40 CFR part 97, while separately
listing the emissions budgets, which are identical to the emissions
budgets in the Federal regulations.
\17\ Georgia retains EPA's default allowance allocation
methodology, and EPA remains the implementing authority for
administration of the trading program.
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Since EPA's approval of the three State CSAPR trading programs into
Georgia's SIP in 2017, EPA has promulgated changes to the Federal CSAPR
trading programs at 40 CFR part 97, subparts AAAAA, BBBBB, and DDDDD,
starting with the 2021 Revised CSAPR Update, whose primary purpose was
to complete the evaluation and
[[Page 39146]]
implementation of good neighbor obligations of certain states (not
including Georgia) with respect to the 2008 ozone NAAQS.\18\ However,
that rule also modified subparts AAAAA, BBBBB, and DDDDD of part 97,
including (1) adjustments to the procedures for allocating allowances
from the portions of the states' emissions budgets set aside for
potential allocation to new units (i.e., new unit set-asides or
NUSAs)--with conforming adjustments to the assurance provisions \19\--
and (2) extensions to the deadlines for EPA to record allocations of
allowances in sources' compliance accounts and for sources to hold
allowances after each control period, whether the sources participate
in the integrated trading programs under FIPs or under approved SIP
revisions. EPA's 2022 Recordation Rule further extended the deadlines
for EPA to record allocations of allowances in sources' compliance
accounts.\20\
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\18\ See 86 FR 23054. The Revised CSAPR Update did not reopen
EPA's determination in the CSAPR Update that Georgia does not
contribute significantly to nonattainment in, or interfere with
maintenance by, any other state with respect to the 2008 ozone
NAAQS. See 86 FR at 23067 & n.60.
\19\ The CSAPR trading programs' ``assurance provisions''
require the surrender of additional allowances if total emissions
from a state's sources in a control period exceed the state's
``assurance level,'' which equals the state's emissions budget plus
a defined ``variability limit.'' See, e.g., 40 CFR 97.406(c)(2) and
97.425.
\20\ See 87 FR 52473 (August 26, 2022).
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In March 2023, EPA promulgated the Good Neighbor Plan (GNP), which
determined the good neighbor obligations of 23 states (not including
Georgia) with respect to the 2015 ozone NAAQS, establishing FIP
requirements for emissions sources in those states to address their
obligations by reducing ozone season NO<INF>X</INF> emissions.\21\ The
GNP modified the CSAPR NO<INF>X</INF> Ozone Season Group 3 trading
program at subpart GGGGG of 40 CFR 97, expanding the program to apply
to EGUs in additional states to address their good neighbor obligations
for the 2015 ozone NAAQS.
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\21\ See 88 FR 36654 (June 5, 2023).
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EPA previously had found that sources in Georgia did not need to
implement further emissions reductions to satisfy good neighbor
obligations with respect to the 2015 ozone NAAQS,\22\ and in the GNP
EPA did not establish a new NO<INF>X</INF> ozone season FIP for the
State. However, the GNP also finalized updates to the Federal trading
programs integrated with Georgia's State CSAPR trading programs, in 40
CFR part 97 at subparts AAAAA (NO<INF>X</INF> Annual), BBBBB
(NO<INF>X</INF> Ozone Season Group 1), and DDDDD (SO<INF>2</INF> Group
2) (88 FR 36654). These updates included technical corrections
regarding allowance allocations for units in Indian Country and cross-
reference updates for conformity with the amended provisions of the
CSAPR NO<INF>X</INF> Ozone Season Group 3 trading program at subpart
GGGGG.
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\22\ EPA approved Georgia's good neighbor SIP for the 2015 ozone
NAAQS in 2021. See 86 FR 68413 (December 2, 2021).
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Following the finalization of the GNP and a related action
published in February 2023 that disapproved states' good neighbor
SIPs,\23\ multiple parties challenged one or both actions in eight
Federal circuit courts. During 2023, several courts granted requests to
stay the SIP disapprovals for certain states pending judicial review,
thereby effectively suspending EPA's authority to implement the GNP in
those affected states.\24\ Then, on June 27, 2024, the U.S. Supreme
Court issued a decision staying enforcement of the GNP's requirements
against the stay applicants, which included three states, several
owners of affected sources, and several trade associations.\25\ In
response to the judicial stay orders, EPA issued three interim final
rules in 2023 and 2024. The interim final rules administratively stayed
the effectiveness of all GNP requirements established to address
obligations of the states to mitigate interstate air pollution with
respect to the 2015 ozone NAAQS.\26\ The three interim final rules also
include provisions (including some additional conforming cross-
reference updates to subpart BBBBB of 40 CFR part 75) to ensure that
power plants in GNP-affected states with previously established
requirements to mitigate interstate air pollution with respect to the
2008 ozone NAAQS will remain subject to equivalent requirements while
the GNP's effectiveness is stayed.
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\23\ Air Plan Disapprovals; Interstate Transport of Air
Pollution for the 2015 8-Hour Ozone National Ambient Air Quality
Standards, 88 FR 9336 (February 13, 2023).
\24\ See, e.g., Order, Texas v. EPA, No. 23-60069 (5th Cir. May
1, 2023) and Order, Texas v. EPA, No. 23-60069 (5th Cir. June 8,
2023). CAA section 110(c)(1) generally requires EPA to issue a FIP
within two years after either disapproving a required SIP from the
state or finding that the state failed to submit a required SIP. See
42 U.S.C. 7410(c)(1). In this case, once the circuit courts stayed
EPA's disapproval actions for some states, EPA lacked authority to
implement the GNP as to the sources in those states.
\25\ Ohio v. EPA, 603 U.S. 279 (June 27, 2024).
\26\ Federal ``Good Neighbor Plan'' for the 2015 Ozone National
Ambient Air Quality Standards; Response to Judicial Stays of SIP
Disapproval Action for Certain States, 88 FR 49295 (July 31, 2023);
Federal ``Good Neighbor Plan'' for the 2015 Ozone National Ambient
Air Quality Standards; Response to Additional Judicial Stays of SIP
Disapproval Action for Certain States, 88 FR 67102 (September 29,
2023); Federal ``Good Neighbor Plan'' for the 2015 Ozone National
Ambient Air Quality Standards; Response to Judicial Stay, 89 FR
87960 (November 6, 2024). EPA's administrative stay of the GNP's
effectiveness for power plants and other industrial facilities in
each of the 23 states will remain in place until the Supreme Court
lifts its order staying enforcement of the GNP, other courts lift
any judicial order staying the SIP disapproval action for the
relevant state, and EPA takes subsequent rulemaking action
consistent with any judicial rulings on the merits.
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Just as the GNP and the related action disapproving states' SIPs
did not apply to Georgia or sources in Georgia, the judicial orders
partially staying those rules do not apply to Georgia or sources in
Georgia. Further, the interim final rules administratively staying the
effectiveness of the GNP provisions addressing the 2015 ozone NAAQS did
not stay the technical corrections or cross-reference updates to
subparts AAAAA, BBBBB, or DDDDD of 40 CFR part 97 that were included in
the GNP final rule. As a result, Georgia's July 18, 2024, SIP
submission, which IBRs Federal good neighbor regulation updates
included in the GNP and the first interim final rule, is not affected
by the stay orders.
III. Georgia's SIP Submission and EPA's Analysis
A. Georgia's SIP Submittal
As described in Section II of this preamble, EPA approved Georgia's
CSAPR SIP revision adopting the State rules at 391-3-1-.02(12), 391-3-
1-.02(13), and 391-3-1-.02(14) in an action published on October 13,
2017,\27\ replacing the Federal CSAPR NO<INF>X</INF> Annual, CSAPR
SO<INF>2</INF> Group 2, and CSAPR NO<INF>X</INF> Ozone Season Group 1
trading programs at 40 CFR part 97, subparts AAAAA, DDDDD, and BBBBB,
respectively, for Georgia EGUs with State CSAPR trading programs that
are integrated with and substantively identical to the Federal trading
programs.
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\27\ See 82 FR 47930.
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Georgia's July 18, 2024, SIP submission seeks approval into the SIP
of the State's revisions to its CSAPR trading program rules that IBR
more recent amendments to the Federal CSAPR trading program
regulations. Specifically, the submission revises the IBR language in
391-3-1-.02(12), 391-3-1-.02(13), and 391-3-1-.02(14) to IBR revisions
to the Federal CSAPR trading programs made after the previous October
26, 2016, IBR date and through July 31, 2023. The revisions also
correct the amounts that are reserved from the State's emissions
budgets in NUSAs to match the current amounts set forth in the Federal
regulations. Lastly, Georgia's July 18, 2024, SIP revision also
proposes
[[Page 39147]]
to update Georgia's volatile organic compounds definition at Rule 391-
3-1-.01, Definitions.
B. EPA's Analysis of Georgia's SIP Submission
EPA is proposing to approve Georgia's July 18, 2024, SIP revision
that update the State's CSAPR trading program rules. First, the SIP
revision revises the IBR language for 391-3-1-.02(12), ``Cross State
Air Pollution Rule NO<INF>X</INF> Annual Trading Program;'' 391-3-
1-.02(13), ``Cross State Air Pollution Rule SO<INF>2</INF> Annual
Trading Program;'' and 391-3-1-.02(14), ``Cross State Air Pollution
Rule NO<INF>X</INF> Ozone Season Trading Program.'' Georgia Rule 391-3-
1-.02(12)(a) and Georgia Rule 391-3-1-.02(13)(a) are revised to update
the IBR date from October 26, 2016, to June 5, 2023, and Georgia Rule
391-3-1-.02(14)(a) is revised to update the IBR date from October 26,
2016, to July 31, 2023, to incorporate the relevant amendments to the
Federal rules at 40 CFR part 97 subpart AAAAA, DDDDD, and BBBBB,
respectively. Specifically, Georgia's SIP revision replaces these
citations with the updated citations to June 5, 2023 (88 FR 36654) for
subparts AAAAA and DDDDD at Rules 391-3-1-.02(12) and 391-3-1-.02(13),
and to July 31, 2023 (88 FR 49295) for subpart BBBBB at Rule 391-3-
1-.02(14). This revised IBR language ensures that the text of the
Federal regulations incorporated into Georgia's SIP is consistent with
the most recent Federal amendments through the date of Georgia's SIP
submission.
Second, Georgia's SIP revision updates the portions of the
emissions budgets reserved in NUSAs for all three trading programs. In
2021, EPA promulgated the corrected NUSA amounts in part 97 in the
Revised CSAPR Update.\28\ Georgia's July 18, 2024, SIP revision
corrects the NUSA amounts from 1,075 tons to 1,074 tons for the CSAPR
NO<INF>X</INF> Annual allowances at Georgia Rule 391-3-1-.02(12)(f)2.;
from 2,711 tons to 2,721 tons for the CSAPR SO<INF>2</INF> Group 2
allowances at Georgia Rule 391-3-1-.02(13)(f)2.; and from 481 tons to
485 tons for the CSAPR NO<INF>X</INF> Ozone Season Group 1 allowances
at Georgia Rule 391-3-1-.02(14)(f)2.
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\28\ The Revised CSAPR Update also included revised regulatory
text in 40 CFR part 52 that authorizes EPA to administer the trading
programs using the corrected NUSA amounts even in instances where a
state's approved SIP still includes the previous uncorrected NUSA
amounts. See 40 CFR 52.38(a)(7)(i)(B) (NO<INF>X</INF> Annual),
52.38(b)(14)(i)(B) (NO<INF>X</INF> Ozone Season Group 1), and
52.39(k) (1)(ii) (SO<INF>2</INF> Group 2).
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The changes included in Georgia's July 18, 2024, SIP revision make
Georgia's State CSAPR trading program regulations more consistent with
the current Federal CSAPR trading program regulations by incorporating
more recent amendments. EPA has reviewed Georgia's SIP revision and
finds that the updates and corrections align the State's regulations
with the amendments codified in part 97, subparts AAAAA, BBBBB, and
DDDDD, as part of the Revised CSAPR Update, the Recordation Rule, the
GNP (only the revisions to subparts AAAAA, BBBBB, and DDDDD of part 97,
which do not address the 2015 ozone NAAQS), and the July 31, 2021,
interim final rule.
EPA has determined that the IBR update at Rules 391-3-1-.02(12),
391-3-1-.02(13), and 391-3-1-.02(14) included in Georgia's SIP revision
is consistent with the Federal CSAPR NO<INF>X</INF> Annual, CSAPR
SO<INF>2</INF> Group 2, and CSAPR NO<INF>X</INF> Ozone Season Group 1
Trading Program regulations. EPA proposes to find that, with these
updates, Georgia's State CSAPR rules would continue to satisfy
Georgia's obligations under CAA section 110(a)(2)(D)(i)(I) to prohibit
emissions that significantly contribute to nonattainment or interfere
with maintenance of the 1997 ozone NAAQS and the 1997 and 2006
PM<INF>2.5</INF> NAAQS in downwind states.
Additionally, the submission includes changes to Rule 391-3-1-.01,
Definitions, where Georgia updates the definitions of ``volatile
organic compound'' (VOC) at subparagraph (llll) to align with the
federal definition at 40 CFR 51.100(s). Tropospheric or ground-level
ozone occurs when VOC and NO<INF>X</INF> react in the atmosphere in the
presence of sunlight. Because of the harmful effects of ozone, EPA and
State governments implement rules to limit the amount of certain VOC
and NO<INF>X</INF> that can be released into the atmosphere. CAA
section 302(s) specifies that EPA has the authority to define the
meaning of ``VOC'' and hence, what compounds shall be treated as VOC
for regulatory purposes.\29\ EPA's longstanding policy is that
compounds of carbon with negligible reactivity need not be regulated to
reduce ground-level ozone and should be excluded from the regulatory
definition of VOC. See 42 FR 35314 (July 18, 1977), 70 FR 54046
(September 13, 2005). EPA lists these compounds in its regulations at
40 CFR 51.100(s) and excludes them from the definition of VOC.
Georgia's VOC definition update at subparagraph (llll) adds trans-
1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz(E)) on the list of organic
compounds having negligible photochemical reactivity to align with
EPA's addition at 40 CFR 51.100(s), where EPA excludes compounds from
the definition of regulated VOCs due to negligible reactivity and
therefore contribution to ground-level ozone formation.\30\ See 88 FR
8226 (February 8, 2023) (adding trans-1,1,1,4,4,4-hexafluorobut-2-ene
(HFO-1336mzz(E)) to the exclusion list at 40 CFR 51.100(s)).
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\29\ EPA determines whether a given carbon compound has
``negligible'' reactivity by comparing the compound's reactivity to
the reactivity of ethane.
\30\ VOC have differing levels of reactivity; they do not react
at the same speed or do not form ozone to the same extent when mixed
with nitrogen oxides.
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EPA proposes to find that Georgia's revised VOC definition will not
interfere with attainment or maintenance of any national ambient air
quality standards, reasonable further progress, or any other applicable
requirement of the CAA, consistent with CAA section 110(l), because EPA
has found the excluded chemical to be negligibly reactive.
In addition, Georgia's SIP revision makes administrative updates to
the definition of VOC, including: converting the term ``Organic
Compound'' to lower case ``organic compound'' at Rule 391-3-
1-.01(llll); updating the VOC definition term for
``chlorodifluoromethane (CFC)'' to ``chlorodifluoromethane (HCFC-22)''
and the term for ``trifluoromethane (FC-23)'' to ``trifluoromethane
(HFC-23)'' to be consistent with the designations established at 40 CFR
51.100(s); changing the spelling of ``Sulphur'' to ``Sulfur'' at Rule
391-3-1-.01(llll)4.; and revising the terms ``tertiaryamines'' and
``nonreactive'' at Rule 391-3-1-.01(llll)3. and 5. to ``tertiary-
amines'' and ``non-reactive,'' respectively. The EPA proposes to
approve Georgia's revisions to the ``VOC'' definition at Rule 391-3-
1-.01, subparagraph (llll) because these changes are administrative in
nature and increase consistency with the Federal VOC definition at 40
CFR 51.100(s).
IV. 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, and as discussed in Section III of
this preamble, EPA is proposing to incorporate by reference Georgia
Rules 391-3-1-.02(12), Cross State Air Pollution Rule NOX Annual
Trading Program; 391-3-1-.02(13), Cross State Air Pollution Rule SO2
Annual Trading Program; and 391-3-1-.02(14), Cross
[[Page 39148]]
State Air Pollution Rule NOX Ozone Season Trading Program, state
effective July 15, 2024, which adopt and incorporate by reference
Federal amendments to 40 CFR part 97, subpart AAAAA--CSAPR
NO<INF>X</INF> Annual Trading Program, and subpart DDDDD--CSAPR
SO<INF>2</INF> Group 2 Trading Program, as promulgated after October
26, 2016, through June 5, 2023 and subpart BBBBB--CSAPR NO<INF>X</INF>
Ozone Season Group 1 Trading Program through July 31, 2023. EPA is also
proposing to incorporate by reference Georgia Rule 391-3-1-.01,
Definitions, state effective July 15, 2024,\31\ which updates the
definitions of ``volatile organic compound.'' EPA has made, and will
continue to make, these materials generally available through
<a href="http://www.regulations.gov">www.regulations.gov</a> 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).
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\31\ Except the first paragraph, sections (a)-(nn), (pp)-(ccc),
(eee)-(jjj), (nnn)-(bbbb), (dddd)-(kkkk), (mmmm), (rrrr)-(ssss),
which were approved on 12/4/2018 with a state effective date of 7/
20/2017; sections (ddd) and (cccc) which were approved on 2/2/1996
with a state effective date of 11/20/1994; (nnnn), which was
approved on 1/5/2017 with a state effective date of 8/14/2016; and
sections (oooo) and (pppp), which are not in the SIP.
---------------------------------------------------------------------------
V. Proposed Action
For the aforementioned reasons, EPA is proposing to approve the
July 18, 2024, SIP revision consisting of changes to Georgia Air
Quality Rules related to the CSAPR trading programs found at 391-3-
1-.02(12), 391-3-1-.02(13), and 391-3-1-.02(14), and the definition for
``Volatile Organic Compound'' found at 391-3-1-.01.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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. Accordingly, this
proposed 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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
In addition, 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 and will not impose
substantial direct costs on Tribal governments or preempt Tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
(Authority: 42 U.S.C.7401 et seq.)
Dated: August 6, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
[FR Doc. 2025-15461 Filed 8-13-25; 8:45 am]
BILLING CODE 6560-50-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.