Approval and Promulgation of Implementation Plans Georgia: State Implementation Plan Revision, 27711-27714 [E9-13591]

Download as PDF Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27711 EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued Applicable geographic or nonattainment area Name of SIP provision State submittal date EPA approval date Explanation Excluding subsection entitled, ‘‘Control Strategy to Meet State Standards.’’ See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623. Excluding subsection entitled, ‘‘Control Strategy to Meet State Standards.’’ See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623. Excluding subsection entitled, ‘‘Control Strategy to Meet State Standards.’’ See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623. Excluding subsection entitled, ‘‘Control Strategy to Meet State Standards.’’ See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623. Subsection 2. Sulfur Oxides ... State-wide .......... 01/28/72 05/31/72, 37 FR 10842. Subsection 3. Carbon Monoxide. State-wide .......... 01/28/72 05/31/72, 37 FR 10842. Subsection 4. Nitrogen Dioxide. State-wide .......... 01/28/72 05/31/72, 37 FR 10842. Subsection 5. Photochemical Oxidants. State-wide .......... 01/28/72 05/31/72, 37 FR 10842. of State-wide .......... 01/28/72 05/31/72, 37 FR 10842. Section IX—Compliance Schedule. Section X—Source Surveillance System. Section XI—Permit and Registration System. Section XII—Air Quality Surveillance Network: Section XII—Air Quality Surveillance Network. Air Quality Surveillance Network, SIP Amendment— PM10. Sections XIII and XIV: Section XIII—Intergovernmental Cooperation. Section XIV—Resources ........ State-wide .......... 01/28/72 State-wide .......... 01/28/72 State-wide .......... 01/28/72 05/31/72, 37 FR 10842. 05/31/72, 37 FR 10842. 05/31/72, 37 FR 10842. State-wide .......... 08/21/80 State-wide .......... 09/14/88 State-wide .......... 01/28/72 State-wide .......... 01/28/72 Sections VIII through XI:. Section VIII—Prevention Emergency Episodes. Excluding subsection entitled, ‘‘State Plan.’’ See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623. 08/10/81, 46 FR 40512. 07/09/04, 69 FR 41431. 05/31/72, 37 FR 10842. 05/31/72, 37 FR 10842. State of Hawaii Air Pollution Control Implementation Plan for Lead State of Hawaii Air Pollution Control Implementation Plan for Lead. State-wide .......... [FR Doc. E9–13590 Filed 6–10–09; 8:45 am] BILLING CODE 6560–50–P 10/29/82 08/18/83, 48 FR 37402. Excluding section II (‘‘Notice of Public Hearing’’); Hawaii Statute on Environmental Quality, Chapter 342, Hawaii Revised Statutes, section 342–7 [see 74 FR 11037 (March 16, 2009)]; and section IV (‘‘Control Regulations’’). ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 cprice-sewell on PRODPC61 with RULES [EPA–R04–OAR–2008–0831–200825(a); FRL–8915–7] Approval and Promulgation of Implementation Plans Georgia: State Implementation Plan Revision AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. VerDate Nov<24>2008 14:23 Jun 10, 2009 Jkt 217001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 SUMMARY: EPA is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the Georgia Department of Natural Resources (DNR), through the Georgia Environmental Protection Division (EPD), on June 25, 2008. The revisions include modifications to Georgia’s Air Quality Rules found at Chapters 391–3–1–.01, and 391–3–1– .02, pertaining to ‘‘Definitions,’’ and ‘‘Emission Limitations and Standards,’’ respectively. This action is being taken E:\FR\FM\11JNR1.SGM 11JNR1 cprice-sewell on PRODPC61 with RULES 27712 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations pursuant to section 110 of the Clean Air Act (CAA). DATES: This direct final rule is effective August 10, 2009 without further notice, unless EPA receives adverse comment by July 13, 2009. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2008–0831, by one of the following methods: 1. https://www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: harder.stacy@epa.gov. 3. Fax: 404–562–9019. 4. Mail: ‘‘EPA–R04–OAR–2008– 0831,’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. Instructions: Direct your comments to Docket ID No. ‘‘EPA–R04–OAR–2008– 0831.’’ EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through https:// www.regulations.gov or e-mail information that you consider to be CBI or otherwise protected. The https:// www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA VerDate Nov<24>2008 14:23 Jun 10, 2009 Jkt 217001 recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at https:// www.epa.gov/epahome/dockets.htm. Docket: All documents in the electronic docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI 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 in https:// www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management 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 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9042. Ms. Harder can also be reached via electronic mail at harder.stacy@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. EPA’s Action II. Analysis of the State’s Submittal III. Final Action IV. Statutory and Executive Order Reviews I. EPA’s Action EPA is approving a SIP revision submitted by the DNR through EPD on June 25, 2008. The revisions include changes to Georgia’s Air Quality Rules, found at Chapters 391–3–1–.01, and 391–3–1–.02, pertaining to ‘‘Definitions,’’ and ‘‘Emission Limitations and Standards,’’ PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 respectively. These revisions became State effective on June 8, 2008. II. Analysis of State’s Submittal Georgia is revising rule 391–3–1–.01, ‘‘Definitions,’’ subparagraph (nnnn), pertaining to ‘‘Procedures for Testing and Monitoring Sources of Air Pollutants.’’ The revised language updates the rule to reference the most current version of the procedures which is dated January 1, 2008. Additionally, Georgia is revising rule 391–3–1–.02(2), ‘‘Emission Limitations and Standards,’’ subparagraph (a) relating to ‘‘General Provisions.’’ Georgia is amending subparagraph (a)(6), ‘‘VOC Emissions Standards, Exemptions, Area Designations, Compliance Schedules and Compliance Determinations,’’ to provide clarification and consistency with rules referenced in the general provisions. Specifically, the revision removes language to subparagraphs 6(i)(II) and (III) to clarify the rules that the subparagraphs are referencing. The revision also removes a specific compliance schedule under subparagraph 6(ii)(II) that is no longer applicable, and was implemented by 1994. III. Final Action EPA is taking direct final action to approve the aforementioned revisions, specifically, Chapters 391–3–1– .01(nnnn) and 391–3–1–.02(2), into the Georgia SIP. These revisions were submitted by GA EPD on June 25, 2008. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. However, in the proposed rules section of this Federal Register publication, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision should adverse comments be filed. This rule will be effective August 10, 2009 without further notice unless the Agency receives adverse comments by July 13, 2009. If the EPA receives such comments, then EPA will publish a document withdrawing the final rule and informing the public that the rule will not take effect. All public comments received will then be addressed in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period. Parties interested in commenting should do so at this time. If no such comments are received, the public is advised that this rule will be effective on August 10, 2009 and no further action will be taken on the proposed rule. Please note that if we E:\FR\FM\11JNR1.SGM 11JNR1 27713 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations receive adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, we may adopt as final those provisions of the rule that are not the subject of an adverse comment. IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 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: • 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); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 10, 2009. 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. 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, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 1, 2009. Beverly H. Banister, Acting Regional Administrator, Region 4. ■ 40 CFR part 52 is amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. Section 52.570(c) is amended by revising the entries for ‘‘391–3–1–.01, and 391–3–1–.02’’ to read as follows: ■ § 52.570 * Identification of plan. * * (c) * * * * * EPA-APPROVED GEORGIA REGULATIONS State effective date Title/subject 391–3–1–.01 ..................................... Definitions ......................................... 6/8/2008 391–3–1–.02 ..................................... cprice-sewell on PRODPC61 with RULES State citation Provisions ......................................... 6/8/2008 * VerDate Nov<24>2008 * 14:23 Jun 10, 2009 Jkt 217001 * PO 00000 Frm 00035 * Fmt 4700 Sfmt 4700 EPA approval date Explanation 6/11/2009 [Insert citation of publication] 6/11/2009 [Insert citation of publication] * E:\FR\FM\11JNR1.SGM * 11JNR1 * 27714 * * Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations * * * [FR Doc. E9–13591 Filed 6–10–09; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R09–OAR–2009–0230; FRL–8900–8] Revisions to the California State Implementation Plan, Monterey Bay Unified Air Pollution Control District, Placer County Air Pollution Control District AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. SUMMARY: EPA is taking direct final action to approve revisions to the Monterey Bay Unified Air Pollution Control District (MBUAPCD) and Placer County Air Pollution Control District (PCAPCD) portions of the California State Implementation Plan (SIP). These revisions concern volatile organic compound (VOC) emissions from storage tanks and the operation of steam drive crude oil production wells. We are approving local rules that regulate these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act). This rule is effective on August 10, 2009 without further notice, unless EPA receives adverse comments by July 13, 2009. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public DATES: that this direct final rule will not take effect. ADDRESSES: Submit comments, identified by docket number EPA–R09– OAR–2009–0230, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air–4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. Instructions: All comments will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Information that you consider CBI or otherwise protected should be clearly identified as such and should not be submitted through www.regulations.gov or e-mail. www.regulations.gov is an ‘‘anonymous access’’ system, and EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send e-mail directly to EPA, your e-mail address will be automatically captured and included as part of the public comment. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available in either location (e.g., CBI). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. FOR FURTHER INFORMATION CONTACT: Nicole Law, EPA Region IX, (415) 947– 4126, Law.Nicole@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA. Table of Contents I. The State’s Submittal A. What rules did the State submit? B. Are there other versions of these rules? C. What is the purpose of the submitted rule revisions? II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? B. Do the rules meet the evaluation criteria? C. EPA Recommendations to Further Improve the Rules D. Public Comment and Final Action III. Statutory and Executive Order Reviews I. The State’s Submittal A. What rules did the State submit? Table 1 lists the rules we are approving with the dates that they were adopted by the local air agencies and submitted by the California Air Resources Board (CARB). TABLE 1—SUBMITTED RULES Local agency Rule No. MBUAPCD ................................... PCAPCD ...................................... 427 212 On April 17, 2008 and August 22, 2008, these rule submittals were found to meet the completeness criteria in 40 CFR Part 51, Appendix V, which must be met before formal EPA review. cprice-sewell on PRODPC61 with RULES B. Are there other versions of these rules? We approved versions of MBUAPCD Rule 427 and PCAPCD Rule 212 into the SIP on August 22, 2002 (see 67 FR 54349) and May 6, 1996 (see 61 FR 20145). There have been no subsequent submittals of these rules. VerDate Nov<24>2008 14:23 Jun 10, 2009 Jkt 217001 Rule title Adopted Steam Drive Crude Oil Production Wells ......................................... Storage of Organic Liquids ............................................................... C. What is the purpose of the submitted rule revisions? VOCs help produce ground-level ozone and smog, which harm human health and the environment. Section 110(a) of the CAA requires States to submit regulations that control VOC emissions. PCAPCD Rule 212 limits emissions of VOCs from storage tanks. The June 19, 2008 amendments to Rule 212 are mostly administrative changes to improve on the formatting and clarity of the rule. MBUAPCD Rule 427 limits emissions of VOCs from the operation of steam drive crude oil production wells. The majority of the October 17, 2007 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Submitted 10/17/07 06/19/97 03/07/08 07/18/08 amendments to Rule 427 were editorial in nature, and the major changes made narrowed an exemption and required documentation to claim exemption. EPA’s technical support documents (TSD) have more information about these rules. II. EPA’s Evaluation and Action A. How is EPA evaluating the rules? Generally, SIP rules must be enforceable (see section 110(a) of the Act), must require Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document E:\FR\FM\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27711-27714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13591]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0831-200825(a); FRL-8915-7]


Approval and Promulgation of Implementation Plans Georgia: State 
Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve the State 
Implementation Plan (SIP) revision submitted by the Georgia Department 
of Natural Resources (DNR), through the Georgia Environmental 
Protection Division (EPD), on June 25, 2008. The revisions include 
modifications to Georgia's Air Quality Rules found at Chapters 391-3-
1-.01, and 391-3-1-.02, pertaining to ``Definitions,'' and ``Emission 
Limitations and Standards,'' respectively. This action is being taken

[[Page 27712]]

pursuant to section 110 of the Clean Air Act (CAA).

DATES: This direct final rule is effective August 10, 2009 without 
further notice, unless EPA receives adverse comment by July 13, 2009. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2008-0831, by one of the following methods:
    1. https://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: harder.stacy@epa.gov.
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2008-0831,'' Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Stacy Harder, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only 
accepted during the Regional Office's normal hours of operation. The 
Regional Office's official hours of business are Monday through Friday, 
8:30 to 4:30, excluding Federal holidays.

Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-2008-
0831.'' EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit through https://www.regulations.gov or e-mail information that you consider to be CBI 
or otherwise protected. The https://www.regulations.gov Web site is an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI 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 in https://www.regulations.gov or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
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 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Stacy Harder, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404) 
562-9042. Ms. Harder can also be reached via electronic mail at 
harder.stacy@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. EPA's Action
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews

I. EPA's Action

    EPA is approving a SIP revision submitted by the DNR through EPD on 
June 25, 2008. The revisions include changes to Georgia's Air Quality 
Rules, found at Chapters 391-3-1-.01, and 391-3-1-.02, pertaining to 
``Definitions,'' and ``Emission Limitations and Standards,'' 
respectively. These revisions became State effective on June 8, 2008.

II. Analysis of State's Submittal

    Georgia is revising rule 391-3-1-.01, ``Definitions,'' subparagraph 
(nnnn), pertaining to ``Procedures for Testing and Monitoring Sources 
of Air Pollutants.'' The revised language updates the rule to reference 
the most current version of the procedures which is dated January 1, 
2008.
    Additionally, Georgia is revising rule 391-3-1-.02(2), ``Emission 
Limitations and Standards,'' subparagraph (a) relating to ``General 
Provisions.'' Georgia is amending subparagraph (a)(6), ``VOC Emissions 
Standards, Exemptions, Area Designations, Compliance Schedules and 
Compliance Determinations,'' to provide clarification and consistency 
with rules referenced in the general provisions. Specifically, the 
revision removes language to subparagraphs 6(i)(II) and (III) to 
clarify the rules that the subparagraphs are referencing. The revision 
also removes a specific compliance schedule under subparagraph 
6(ii)(II) that is no longer applicable, and was implemented by 1994.

III. Final Action

    EPA is taking direct final action to approve the aforementioned 
revisions, specifically, Chapters 391-3-1-.01(nnnn) and 391-3-1-.02(2), 
into the Georgia SIP. These revisions were submitted by GA EPD on June 
25, 2008. EPA is publishing this rule without prior proposal because 
the Agency views this as a noncontroversial submittal and anticipates 
no adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the SIP revision should 
adverse comments be filed. This rule will be effective August 10, 2009 
without further notice unless the Agency receives adverse comments by 
July 13, 2009.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on August 10, 2009 and no 
further action will be taken on the proposed rule. Please note that if 
we

[[Page 27713]]

receive adverse comment on an amendment, paragraph, or section of this 
rule and if that provision may be severed from the remainder of the 
rule, we may adopt as final those provisions of the rule that are not 
the subject of an adverse comment.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 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:
     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);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have Tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 10, 2009. 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. Parties with objections to this direct final 
rule are encouraged to file a comment in response to the parallel 
notice of proposed rulemaking for this action published in the proposed 
rules section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 1, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.570(c) is amended by revising the entries for ``391-3-
1-.01, and 391-3-1-.02'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
          State citation               Title/subject      effective    EPA approval date         Explanation
                                                            date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01......................   Definitions........    6/8/2008  6/11/2009              ....................
                                                                     [Insert citation of
                                                                      publication]
391-3-1-.02......................  Provisions..........    6/8/2008  6/11/2009              ....................
                                                                     [Insert citation of
                                                                      publication]
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 27714]]

* * * * *
[FR Doc. E9-13591 Filed 6-10-09; 8:45 am]
BILLING CODE 6560-50-P
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