Approval and Promulgation of Implementation Plans; Georgia; State Implementation Plan Miscellaneous Revisions, 28744-28747 [2013-11567]

Download as PDF 28744 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations his designated representative via VHF Channel 16 or 13. The Coast Guard may be assisted by other Federal, State, or local enforcement agencies in enforcing this regulation. This notice is issued under authority of 33 CFR 165.1315 and 5 U.S.C. 552(a). In addition to this notice in the Federal Register, the Coast Guard will provide the maritime community with notification of this enforcement period via the Local Notice to Mariners. Dated: April 30, 2013. B.C. Jones, Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River. [FR Doc. 2013–11613 Filed 5–15–13; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2013–0223; FRL–9813–8] Approval and Promulgation of Implementation Plans; Georgia; State Implementation Plan Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: EPA is taking direct final action to approve changes to the Georgia State Implementation Plan (SIP) submitted by the Georgia Environmental Protection Division to EPA in four separate SIP submittals dated September 15, 2008, August 30, 2010 (two submittals), and December 15, 2011. In the portions of the submittals being approved today, the SIP revisions update the Georgia SIP to reflect EPA’s current national ambient air quality standards (NAAQS) for sulfur dioxide, nitrogen dioxide, ozone, lead, and particulate matter found in the Code of Federal Regulations. DATES: This direct final rule is effective July 15, 2013 without further notice, unless EPA receives adverse comment by June 17, 2013. 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–2013–0223, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: R4-RDS@epa.gov. 3. Fax: (404) 562–9019. erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 4. Mail: EPA–R04–OAR–2013–0223, 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: 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–2013– 0223. EPA’s policy is that all comments received 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 information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The 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 email comment directly to EPA without going through www.regulations.gov, your email 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 www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 www.regulations.gov or in hard copy at the 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 information regarding the Georgia SIP, contact Mr. Richard Wong, 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. Mr. Wong’s telephone number is (404) 562– 8726; email address: wong.richard@epa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Analysis of the State’s Submittal III. Final Action IV. Statutory and Executive Order Reviews I. Background Sections 108 and 109 of the Clean Air Act (CAA or Act) govern the establishment, review, and revision, as appropriate, of the NAAQS to protect public health and welfare. The CAA requires periodic review of the air quality criteria—the science upon which the standards are based—and the standards themselves. EPA’s regulatory provisions that govern the NAAQS are found at 40 CFR Part 50—National Primary and Secondary Ambient Air Quality Standards. In this rulemaking, EPA is proposing to approve portions of Georgia’s September 15, 2008, August 30, 2010 (two submittals), and December 15, 2011, submissions amending the State’s rules identifying the current NAAQS table for sulfur dioxide, nitrogen dioxide, ozone, lead and particulate matter that are found at Rule 391–3–1–.02(4)b, c, e, f, and g. The SIP submissions amending Georgia’s rules to incorporate the NAAQS can be found in the Docket for this proposed rulemaking at www.regulations.gov and are summarized below. The remainder E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations thus, EPA is approving this change to Georgia’s SIP. of Georgia’s September 15, 2008,1 August 30, 2010 (two submittals), and December 15, 2011, SIP revisions are being considered in a separate rulemaking. II. Analysis of the State’s Submittal a. Sulfur Dioxide On June 22, 2010, EPA revised the primary NAAQS for the 1-hour sulfur dioxide to 75 parts per billion (ppb). See 75 FR 35520. Accordingly, in a December 15, 2011, SIP submission, Georgia updated state rule 391–3–1– .02(4)(b) ‘‘Sulfur Dioxide’’ to be consistent with the NAAQS that were promulgated in 2010. EPA has reviewed this revision to Georgia’s rule for sulfur dioxide and has made the determination that this change is consistent with federal regulations; thus, EPA is approving this change to Georgia’s SIP. b. Nitrogen Dioxide On October 8, 1996, EPA revised the primary and secondary NAAQS for the annual nitrogen dioxide to 53 ppb. See 61 FR 52852. On February 9, 2010, EPA revised the primary NAAQS for the 1hour nitrogen dioxide to 100 ppb. See 75 FR 6474. Accordingly, in a December 15, 2011, SIP submission, Georgia updated state rule 391–3–1–.02(4)(g) ‘‘Nitrogen Dioxide’’ to be consistent with the NAAQS that were promulgated in 1996 and 2010 for the primary and secondary annual and primary 1-hour, respectively. EPA has reviewed the changes to Georgia’s rule for nitrogen dioxide and has made the determination that the changes are consistent with federal regulations; thus, EPA is approving the changes to Georgia’s SIP. erowe on DSK2VPTVN1PROD with RULES c. Ozone On March 27, 2008, EPA revised the primary and secondary NAAQS for the 8-hour ozone to 75 ppb to provide increased protection of public health and welfare, respectively. See 73 FR 16436. Accordingly, in a August 30, 2010, SIP submission, Georgia updated state rule 391–3–1–.02(4)(e) ‘‘Ozone’’ to update the definition for ozone to be consistent with the 8-hour ozone NAAQS that were promulgated in 2008. EPA has reviewed this revision to Georgia’s rule for ozone and has made the determination that this change is consistent with federal regulations; 1 On September 15, 2008, Georgia submitted to EPA a SIP for miscellaneous revisions/Title V programs. EPA took action on a portion of Georgia’s September 15, 2008, regarding the RACT (y), (ii), (kkk) and published in the Federal Register on September 28, 2012 (77 FR 59554). Action on the remaining portions of the September 15, 2008, submittal is still under consideration and will be addressed in a separate action. VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 d. Lead On November 12, 2008, EPA revised the lead NAAQS from 1.5 micrograms per cubic meter (mg/m3) to 0.15 mg/m3 based on a rolling 3-month average for both the primary and secondary standards. See 73 FR 66964. Accordingly, in a August 30, 2010, SIP submission, Georgia updated state rule 391–3–.02(4)(f) ‘‘Lead’’ to update the definition for lead to be consistent with the NAAQS that were promulgated in 2008. EPA has reviewed this revision to Georgia’s rule for lead and has made the determination that this change is consistent with federal regulations; thus, EPA is approving this change to Georgia’s SIP. e. Particulate Matter On October 17, 2006, EPA retained the annual average NAAQS at 15 mg/m3 but revised the 24-hour NAAQS to 35 mg/m3, based again on the 3-year average of the 98th percentile of 24-hour concentrations. Under EPA regulations at 40 CFR part 50, the primary and secondary 2006 24-hour PM2.5 NAAQS are attained when the annual arithmetic mean concentration, as determined in accordance with 40 CFR part 50, Appendix N, is less than or equal to 35 mg/m3 at all relevant monitoring sites in the subject area over a 3-year period. See 71 FR 61144. EPA has previously approved Georgia’s retainment of the annual average NAAQS at 15 mg/m3. See 75 FR 6309, February 9, 2010. Accordingly, in a September 15, 2008, and August 30, 2010, SIP submissions, Georgia updated state rule 391–3–1.02(4)(c) ‘‘Particulate Matter’’ to update the definition for 24-hour and significant digits for the annual PM2.5 NAAQS, respectively, to be consistent with the NAAQS that were promulgated in 2006. EPA has reviewed this revision to Georgia’s rule for the 24-hour and annual PM2.5 NAAQS and has made the determination that this change is consistent with federal regulations; thus, EPA is approving this change to Georgia’s SIP. Additionally, on October 17, 2006, EPA revoked the PM10 annual NAAQS of 50 mg/m3, while keeping in place the 24-hour PM10 NAAQS of 150 mg/m3. See 71 FR 61144. Accordingly, in a August 30, 2010, SIP submission, Georgia updated state rule 391–3–1–.02(4)(c) ‘‘Particulate Matter’’ to update the definition for the PM10 NAAQS to be consistent with the NAAQS that were promulgated in 2006. EPA has reviewed this revision to Georgia’s rule for the 24hour PM10 NAAQS and has made the PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 28745 determination that this change is consistent with federal regulations; thus, EPA is approving this change to Georgia’s SIP. III. Final Action EPA is approving the aforementioned changes to the State of Georgia SIP, because it is consistent with EPA’s standards for sulfur dioxide, nitrogen dioxide, ozone, lead and particulate matter. 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 July 15, 2013 without further notice unless the Agency receives adverse comments by June 17, 2013. If 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 July 15, 2013 and no further action will be taken on the proposed rule. 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 E:\FR\FM\16MYR1.SGM 16MYR1 28746 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 15, 2013. 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 today’s 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, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: May 3, 2013. A. Stanley Meiburg, 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 under Table 1, under Emission Standards by revising the entry for ‘‘391–3–1–.02(4)’’ to read as follows: ■ § 52.570 * Identification of plan. * * (c) * * * * * EPA APPROVED GEORGIA REGULATIONS State citation * * * * * 391–3–1–.02(4) ................................ erowe on DSK2VPTVN1PROD with RULES * VerDate Mar<15>2010 State effective date Title/subject * * Ambient Air Standards .................... * 14:43 May 15, 2013 * Emission Standards * Jkt 229001 PO 00000 Fmt 4700 * * Explanation * Sfmt 4700 * * 5/16/2013 [Insert citation of publication]. * * 9/13/2011 * Frm 00028 EPA approval date * E:\FR\FM\16MYR1.SGM * 16MYR1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations * * * * * [FR Doc. 2013–11567 Filed 5–15–13; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2007–0602; FRL–9813–5] Approval and Promulgation of Implementation Plans; North Carolina; State Implementation Plan Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Direct Final Rule. AGENCY: EPA is taking direct final action to approve a portion of a revision to the North Carolina State Implementation Plan (SIP) submitted on February 3, 2010, through the North Carolina Department of Environment and Natural Resources (NC DENR). This revision updates the North Carolina SIP to reflect EPA’s current national ambient air quality standards for ozone, lead, and particulate matter found in the Code of Federal Regulations. DATES: This direct final rule is effective July 15, 2013 without further notice, unless EPA receives adverse comment by June 17, 2013. 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–2007–0602, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: R4-RDS@epa.gov. 3. Fax: (404) 562–9019. 4. Mail: EPA–R04–OAR–2007–0602, 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: 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. erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 18:55 May 15, 2013 Jkt 229001 Instructions: Direct your comments to Docket ID No. EPA–R04–OAR–2007– 0602. EPA’s policy is that all comments received 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 information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The 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 email comment directly to EPA without going through www.regulations.gov, your email 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 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 www.regulations.gov or in hard copy at the 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 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 28747 Monday through Friday, 8:30 to 4:30, excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Quality Modeling and Transportation 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. Ms. Sheckler’s telephone number is 404– 562–9222. She can also be reached via electronic mail at Sheckler.kelly@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Analysis of the State’s Submittal III. Final Action IV. Statutory and Executive Order Reviews I. Background Sections 108 and 109 of the CAA govern the establishment, review, and revision, as appropriate, of the NAAQS to protect public health and welfare. The CAA requires periodic review of the air quality criteria—the science upon which the standards are based—and the standards themselves. EPA’s regulatory provisions that govern the NAAQS are found at 40 CFR 50—National Primary and Secondary Ambient Air Quality Standards. In this rulemaking, EPA is proposing to approve a portion of North Carolina’s February 3, 2010, submission amending the State’s NAAQS table for ozone, lead and particulate matter that are found at 15A NCAC 02D .0405, .0408, .0409, and .0410. The SIP submittal amending North Carolina’s rules to incorporate the NAAQS can be found in the Docket for this proposed rulemaking at www.regulations.gov and are summarized below. The remainder of North Carolina’s February 3, 2010, SIP revision is being considered in a separate rulemaking. II. Analysis of the State’s Submittal a. Ozone On March 27, 2008, EPA revised the primary and secondary NAAQS for the 8-hour ozone to 75 parts per billion (ppb) to provide increased protection of public health and welfare, respectively. See 73 FR 16436. Accordingly, in a February 3, 2010, SIP submission, North Carolina updated state rule 15A NCAC 02D .0405 ‘‘Ozone’’ to update the definition for ozone to be consistent with the 8-hour ozone NAAQS that were promulgated in 2008. EPA has reviewed this revision to North Carolina’s rule for ozone and has made the determination that this change is consistent with federal regulations; thus E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28744-28747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11567]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0223; FRL-9813-8]


Approval and Promulgation of Implementation Plans; Georgia; State 
Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action to approve changes to the 
Georgia State Implementation Plan (SIP) submitted by the Georgia 
Environmental Protection Division to EPA in four separate SIP 
submittals dated September 15, 2008, August 30, 2010 (two submittals), 
and December 15, 2011. In the portions of the submittals being approved 
today, the SIP revisions update the Georgia SIP to reflect EPA's 
current national ambient air quality standards (NAAQS) for sulfur 
dioxide, nitrogen dioxide, ozone, lead, and particulate matter found in 
the Code of Federal Regulations.

DATES: This direct final rule is effective July 15, 2013 without 
further notice, unless EPA receives adverse comment by June 17, 2013. 
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-2013-0223, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: R4-RDS@epa.gov.
    3. Fax: (404) 562-9019.
    4. Mail: EPA-R04-OAR-2013-0223, 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: 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-
2013-0223. EPA's policy is that all comments received 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 information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit through www.regulations.gov or 
email, information that you consider to be CBI or otherwise protected. 
The 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 email 
comment directly to EPA without going through www.regulations.gov, your 
email 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 
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 www.regulations.gov or 
in hard copy at the 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: For information regarding the Georgia 
SIP, contact Mr. Richard Wong, 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. Mr. Wong's telephone number is (404) 562-
8726; email address: wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Background

    Sections 108 and 109 of the Clean Air Act (CAA or Act) govern the 
establishment, review, and revision, as appropriate, of the NAAQS to 
protect public health and welfare. The CAA requires periodic review of 
the air quality criteria--the science upon which the standards are 
based--and the standards themselves. EPA's regulatory provisions that 
govern the NAAQS are found at 40 CFR Part 50--National Primary and 
Secondary Ambient Air Quality Standards. In this rulemaking, EPA is 
proposing to approve portions of Georgia's September 15, 2008, August 
30, 2010 (two submittals), and December 15, 2011, submissions amending 
the State's rules identifying the current NAAQS table for sulfur 
dioxide, nitrogen dioxide, ozone, lead and particulate matter that are 
found at Rule 391-3-1-.02(4)b, c, e, f, and g. The SIP submissions 
amending Georgia's rules to incorporate the NAAQS can be found in the 
Docket for this proposed rulemaking at www.regulations.gov and are 
summarized below. The remainder

[[Page 28745]]

of Georgia's September 15, 2008,\1\ August 30, 2010 (two submittals), 
and December 15, 2011, SIP revisions are being considered in a separate 
rulemaking.
---------------------------------------------------------------------------

    \1\ On September 15, 2008, Georgia submitted to EPA a SIP for 
miscellaneous revisions/Title V programs. EPA took action on a 
portion of Georgia's September 15, 2008, regarding the RACT (y), 
(ii), (kkk) and published in the Federal Register on September 28, 
2012 (77 FR 59554). Action on the remaining portions of the 
September 15, 2008, submittal is still under consideration and will 
be addressed in a separate action.
---------------------------------------------------------------------------

II. Analysis of the State's Submittal

a. Sulfur Dioxide

    On June 22, 2010, EPA revised the primary NAAQS for the 1-hour 
sulfur dioxide to 75 parts per billion (ppb). See 75 FR 35520. 
Accordingly, in a December 15, 2011, SIP submission, Georgia updated 
state rule 391-3-1-.02(4)(b) ``Sulfur Dioxide'' to be consistent with 
the NAAQS that were promulgated in 2010. EPA has reviewed this revision 
to Georgia's rule for sulfur dioxide and has made the determination 
that this change is consistent with federal regulations; thus, EPA is 
approving this change to Georgia's SIP.

b. Nitrogen Dioxide

    On October 8, 1996, EPA revised the primary and secondary NAAQS for 
the annual nitrogen dioxide to 53 ppb. See 61 FR 52852. On February 9, 
2010, EPA revised the primary NAAQS for the 1-hour nitrogen dioxide to 
100 ppb. See 75 FR 6474. Accordingly, in a December 15, 2011, SIP 
submission, Georgia updated state rule 391-3-1-.02(4)(g) ``Nitrogen 
Dioxide'' to be consistent with the NAAQS that were promulgated in 1996 
and 2010 for the primary and secondary annual and primary 1-hour, 
respectively. EPA has reviewed the changes to Georgia's rule for 
nitrogen dioxide and has made the determination that the changes are 
consistent with federal regulations; thus, EPA is approving the changes 
to Georgia's SIP.

c. Ozone

    On March 27, 2008, EPA revised the primary and secondary NAAQS for 
the 8-hour ozone to 75 ppb to provide increased protection of public 
health and welfare, respectively. See 73 FR 16436. Accordingly, in a 
August 30, 2010, SIP submission, Georgia updated state rule 391-3-
1-.02(4)(e) ``Ozone'' to update the definition for ozone to be 
consistent with the 8-hour ozone NAAQS that were promulgated in 2008. 
EPA has reviewed this revision to Georgia's rule for ozone and has made 
the determination that this change is consistent with federal 
regulations; thus, EPA is approving this change to Georgia's SIP.

d. Lead

    On November 12, 2008, EPA revised the lead NAAQS from 1.5 
micrograms per cubic meter ([micro]g/m\3\) to 0.15 [micro]g/m\3\ based 
on a rolling 3-month average for both the primary and secondary 
standards. See 73 FR 66964. Accordingly, in a August 30, 2010, SIP 
submission, Georgia updated state rule 391-3-.02(4)(f) ``Lead'' to 
update the definition for lead to be consistent with the NAAQS that 
were promulgated in 2008. EPA has reviewed this revision to Georgia's 
rule for lead and has made the determination that this change is 
consistent with federal regulations; thus, EPA is approving this change 
to Georgia's SIP.

e. Particulate Matter

    On October 17, 2006, EPA retained the annual average NAAQS at 15 
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again 
on the 3-year average of the 98th percentile of 24-hour concentrations. 
Under EPA regulations at 40 CFR part 50, the primary and secondary 2006 
24-hour PM2.5 NAAQS are attained when the annual arithmetic 
mean concentration, as determined in accordance with 40 CFR part 50, 
Appendix N, is less than or equal to 35 [micro]g/m\3\ at all relevant 
monitoring sites in the subject area over a 3-year period. See 71 FR 
61144. EPA has previously approved Georgia's retainment of the annual 
average NAAQS at 15 [mu]g/m\3\. See 75 FR 6309, February 9, 2010. 
Accordingly, in a September 15, 2008, and August 30, 2010, SIP 
submissions, Georgia updated state rule 391-3-1-.02(4)(c) ``Particulate 
Matter'' to update the definition for 24-hour and significant digits 
for the annual PM2.5 NAAQS, respectively, to be consistent 
with the NAAQS that were promulgated in 2006. EPA has reviewed this 
revision to Georgia's rule for the 24-hour and annual PM2.5 
NAAQS and has made the determination that this change is consistent 
with federal regulations; thus, EPA is approving this change to 
Georgia's SIP.
    Additionally, on October 17, 2006, EPA revoked the PM10 
annual NAAQS of 50 [mu]g/m\3\, while keeping in place the 24-hour 
PM10 NAAQS of 150 [mu]g/m\3\. See 71 FR 61144. Accordingly, 
in a August 30, 2010, SIP submission, Georgia updated state rule 391-3-
1-.02(4)(c) ``Particulate Matter'' to update the definition for the 
PM10 NAAQS to be consistent with the NAAQS that were 
promulgated in 2006. EPA has reviewed this revision to Georgia's rule 
for the 24-hour PM10 NAAQS and has made the determination 
that this change is consistent with federal regulations; thus, EPA is 
approving this change to Georgia's SIP.

III. Final Action

    EPA is approving the aforementioned changes to the State of Georgia 
SIP, because it is consistent with EPA's standards for sulfur dioxide, 
nitrogen dioxide, ozone, lead and particulate matter. 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 July 15, 2013 without further notice 
unless the Agency receives adverse comments by June 17, 2013.
    If 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 July 15, 2013 and no 
further action will be taken on the proposed rule.

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

[[Page 28746]]

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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 15, 2013. 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 today's 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, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

    Dated: May 3, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    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 under Table 1, under Emission Standards 
by revising the entry for ``391-3-1-.02(4)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
        State citation               Title/subject      effective date    EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                               Emission Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(4)................  Ambient Air Standards.  9/13/2011       5/16/2013 [Insert
                                                                         citation of
                                                                         publication].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 28747]]

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[FR Doc. 2013-11567 Filed 5-15-13; 8:45 am]
BILLING CODE 6560-50-P