Rule2025-19226
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
October 2, 2025
Effective
November 3, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving 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 NO<INF>X</INF> ozone season (from May 1 to September 30), all three of which apply to large electric generating units (EGUs). The SIP revision also updates the definition for "Volatile organic compound." EPA is approving Georgia's July 18, 2024, SIP revision because it is consistent with the Clean Air Act (CAA or Act).
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 189 (Thursday, October 2, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 189 (Thursday, October 2, 2025)]
[Rules and Regulations]
[Pages 47607-47610]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19226]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2024-0606; FRL-12862-02-R4]
Air Plan Approval; GA; Updates to the Cross-State Air Pollution
Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving 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 NO<INF>X</INF>
ozone season (from May 1 to September 30), all three of which apply to
large electric generating units (EGUs). The SIP revision also updates
the definition for ``Volatile organic compound.'' EPA is approving
Georgia's July 18, 2024, SIP revision because it is consistent with the
Clean Air Act (CAA or Act).
DATES: This rule is effective November 3, 2025.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2024-0606. All documents in the docket
are listed on the <a href="http://regulations.gov">regulations.gov</a> website. Although listed in the
index, some information may not be publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through <a href="http://www.regulations.gov">www.regulations.gov</a> or in hard
copy at the 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. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: 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#6b04191f0211090419190e1904450104181e0e2b0e1b0a450c041d"><span class="__cf_email__" data-cfemail="cda2bfb9a4b7afa2bfbfa8bfa2e3a7a2beb8a88da8bdace3aaa2bb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 47608]]
I. This Action
In this final rule EPA is approving a revision to the Georgia SIP,
submitted by the GA EPD on July 18, 2024. The revision updates
Georgia's incorporation by reference of Federal rules for the CSAPR
NO<INF>X</INF> Annual, SO<INF>2</INF> Group 2, and NO<INF>X</INF> Ozone
Season Group 1 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. The SIP
submission also updates the State's definition of ``Volatile organic
compounds'' (VOC) at Rule 391-3-1-.01, Definitions, at subparagraph
(llll) to align with the federal definition at 40 CFR 51.100(s). 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 has determined, that, with these
updates, Georgia's State CSAPR rules will continue to satisfy the
State's ``good neighbor'' 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 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 in downwind
states. EPA is finalizing this action because the changes are
consistent with the CAA and EPA's regulations.
II. Background
On July 18, 2024, GA EPD transmitted a SIP revision \1\ to update
the State's CSAPR emissions trading programs to incorporate by
reference (IBR) certain amendments EPA has made to the regulations for
the Federal CSAPR NO<INF>X</INF> Annual, SO<INF>2</INF> Group 2, and
NO<INF>X</INF> Ozone Season Group 1 trading programs for EGUs. EPA
created these Federal trading programs in 2011 as market-based
mechanisms for Georgia and other states to address their obligations to
downwind states under the CAA section 110(a)(2)(D)(i)(I) good neighbor
provision with respect to the 1997 PM<INF>2.5</INF> and ground-level
ozone NAAQS and 2006 PM<INF>2.5</INF> NAAQS.\2\
---------------------------------------------------------------------------
\1\ 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.
\2\ 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. See 76 FR
at 48213.
---------------------------------------------------------------------------
Through a notice of proposed rulemaking (NPRM) published on August
14, 2025 (90 FR 39144), EPA proposed to approve the portions of
Georgia's July 18, 2024,\3\ SIP submission that update 391-3-1-.02(12),
391-3-1-.02(13), and 391-3-1-.02(14) by incorporating into the Georgia
SIP the amendments to the Federal CSAPR NO<INF>X</INF> Annual and
SO<INF>2</INF> Group 2 trading programs at 40 CFR part 97, subparts
AAAAA and DDDDD, respectively, and the NO<INF>X</INF> Ozone Season
Group 1 Trading Program established in subpart BBBBB promulgated in
EPA's 2021 Revised CSAPR Update \4\ and 2022 Recordation Rule \5\ and
the technical corrections or cross-references in the 2023 Good Neighbor
Plan (GNP).\6\ Georgia Rules 391-3-1-.02(12)(a) and 391-3-1-.02(13)(a)
are revised to update the IBR date from October 26, 2016, to June 5,
2023, for the NO<INF>X</INF> Annual and Group 2 SO<INF>2</INF> Trading
Programs respectively. Georgia Rule 391-3-1-.02(14)(a) is revised to
update the IBR date from October 26, 2016, to July 31, 2023, for the
NO<INF>X</INF> ozone season 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). Georgia's July 18, 2024, SIP revision also updates the
portions of the emissions budgets reserved in the new unit set-asides
(NUSAs) for all three trading programs \7\ 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.
---------------------------------------------------------------------------
\3\ EPA is not acting on changes reflected in this submittal to
South Carolina Regulation 61-62.60, subpart XXX, subpart IIII,
subpart JJJJ, and South Carolina Regulation 61-62.63, subpart C,
subpart AAAA, subpart YYYY, subpart ZZZZ, subpart DDDDD, subpart
GGGGG, subpart IIIII, and subpart HHHHHH, since these rules are not
part of the SIP.
\4\ Revised Cross-State Air Pollution Rule Update for the 2008
Ozone NAAQS, 86 FR 23054 (Apr. 30, 2021).
\5\ 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
(Aug. 26, 2022).
\6\ See 88 FR 36654 (June 5, 2023). For additional context on
Georgia's July 18, 2024, SIP submittal and the GNP, see EPA's August
14, 2025, NPRM (90 FR 39144).
\7\ In 2021, EPA promulgated the corrected NUSA amounts in part
97 in the Revised CSAPR Update. 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).
---------------------------------------------------------------------------
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 that EPA made to the Federal trading program
regulations after the Agency had previously approved Georgia's CSAPR
trading program regulations into the SIP and by correcting cross-
references. EPA is therefore taking final action to approve Georgia's
July 18, 2024, SIP submission respecting revisions to Rule 391-3-1-.02.
EPA is also taking final action to approve Georgia's July 18, 2024, SIP
submission that revises Rule 391-3-1-.01, Definitions, for ``Volatile
organic compound'' (VOC) at subparagraph (llll) to adds trans-
1,1,1,4,4,4-hexafluorobut-2-ene (HFO-1336mzz(E)) to the list of organic
compounds excluded from the regulatory definition of VOC due to
negligible reactivity,\8\ as well as other administrative updates to
improve consistency with the Federal VOC definition at 40 CFR
51.100(s).
---------------------------------------------------------------------------
\8\ 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. EPA determines whether a given carbon compound
has ``negligible'' reactivity by comparing the compound's reactivity
to the reactivity of ethane. 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.
---------------------------------------------------------------------------
In this rulemaking, EPA is finalizing its approval of these
portions of the SIP submission as they are consistent 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
[[Page 47609]]
Group 1 Trading Program \9\ regulations in 40 CFR part 97, subparts
AAAAA, BBBBB, and DDDDD which satisfy the good neighbor requirements of
CAA section 110(a)(2)(D)(i)(I), and the VOC definition in 40 CFR
51.100(s). The details of the Georgia submission and the rationale for
EPA approving these changes are explained in the August 14, 2025, NPRM.
Comments on the August 14, 2025, NPRM were due on or before September
15, 2025. No comments were received on the August 14, 2025, NPRM
adverse or otherwise.
---------------------------------------------------------------------------
\9\ 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.
---------------------------------------------------------------------------
III. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, and as discussed in Section II of this preamble, EPA is
finalizing the incorporation 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 State Air Pollution Rule
NO<INF>X</INF> 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 finalizing the incorporation
by reference Georgia Rule 391-3-1-.01, Definitions, at section (llll),
state effective July 15, 2024, 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). Therefore, these materials have been approved by EPA for
inclusion in the State implementation plan, have been incorporated by
reference by EPA into that plan, are fully federally enforceable under
sections 110 and 113 of the CAA as of the effective date of the final
rulemaking of EPA's approval, and will be incorporated by reference in
the next update to the SIP compilation.\10\
---------------------------------------------------------------------------
\10\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
For the aforementioned reasons, EPA is approving the July 18, 2024,
SIP revision consisting of changes to Georgia Air Quality Rules related
to the CSAPR trading programs found at Rules 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 Rule 391-3-1-.01(llll).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this 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).
This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 1, 2025. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: September 22, 2025.
Kevin McOmber,
Regional Administrator, Region 4.
For the reasons stated in the preamble, EPA amends 40 CFR part 52
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. In Sec. 52.570(c), amend the table by revising the entry for ``391-
3-1-.01'', ``391-3-1-.02(12)'', ``391-3-1-.02(13)'', and ``391-3-
1-.02(14)''. The revisions to read as follows:
[[Page 47610]]
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.01................... Definitions......... 7/29/2020 4/5/2022, 87 FR Except the first
19643. 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;
section (llll) which
was approved on 10/2/
2025 with a state
effective date of 7/15/
2024; (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.
* * * * * * *
391-3-1-.02(12)............... Cross State Air 7/15/2024 10/2/2025, 90 FR
Pollution Rule NOX [Insert Federal
Annual Trading Register page where
Program. the document
begins].
391-3-1-.02(13)............... Cross State Air 7/15/2024 10/2/2025, 90 FR
Pollution Rule SO2 [Insert Federal
Annual Trading Register page where
Program. the document
begins].
391-3-1-.02(14)............... Cross State Air 7/15/2024 10/2/2025, 90 FR
Pollution Rule NOX [Insert Federal
Ozone Season Register page where
Trading Program. the document
begins].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2025-19226 Filed 10-1-25; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 2, 2025.
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.