Approval and Promulgation of Implementation Plans for Georgia: State Implementation Plan Miscellaneous Revisions, 36218-36220 [2014-14876]
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
her behalf. A designated representative
may be on an official patrol vessel or
may be on shore and will communicate
with vessels via VHF–FM radio or
loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to
inform vessel operators of this
regulation.
(2) Official Patrol Vessels. Official
patrol vessels may consist of any Coast
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local law enforcement vessels assigned
or approved by the COTP.
(3) Spectators. All persons and vessels
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participants or official patrol vessels.
(d) Regulations.
(1) The general regulations contained
in 33 CFR 165.23, as well as the
following regulations, apply.
(2) No spectators will be allowed to
enter into, transit through, or anchor in
the safety zone without the permission
of the COTP or a designated
representative.
(3) All spectators given permission to
enter or operate in the safety zone shall
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Dated: June 11, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the
Port New York.
[FR Doc. 2014–15007 Filed 6–25–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2013–0223; FRL–9912–82–
Region–4]
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Approval and Promulgation of
Implementation Plans for Georgia:
State Implementation Plan
Miscellaneous Revisions
I. This Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
Environmental Protection
Agency.
ACTION: Final rule.
I. This Action
The Environmental Protection
Agency (EPA) is taking final action to
approve the portions of revisions to the
Georgia State Implementation Plan
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This rule will be effective on July
28, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2013–0223. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information is not 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
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:
Nacosta Ward, 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) 562–9140.
Ms. Ward can be reached via electronic
mail at ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Table of Contents
AGENCY:
SUMMARY:
(SIP), submitted by the Georgia
Environmental Protection Division (GA
EPD), on September 15, 2008, and
August 30, 2010, that incorporate
changes to the state rules reflecting the
2006 national ambient air quality
standards (NAAQS) for particulate
matter (PM). EPA approved the
remaining portions of Georgia’s
September 15, 2008, and August 30,
2010, SIP revisions in a previous
rulemaking.
EPA is taking final action to approve
the portions of Georgia’s September 15,
2008, and August 30, 2010, SIP
revisions related to the PM2.5 and PM10
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NAAQS (collectively referred to as the
‘‘PM NAAQS’’). On May 16, 2013, EPA
published a direct final rule approving
the portions of Georgia’s September 15,
2008, August 30, 2010 (two submittals),
and December 15, 2011, SIP
submissions, that incorporate
amendments to Georgia Rules 391–3–1–
.02(4)(b), (c), (e), (f), and (g) reflecting
the NAAQS for sulfur dioxide (SO2),
nitrogen dioxide (NO2), ozone, lead, and
PM in effect at the time of submittal. See
78 FR 28744.
EPA published an accompanying
proposed approval to the May 16, 2013,
direct final rule in the event that EPA
received adverse comment and
withdrew the direct final rule. See 78
FR 28776. In the direct final rule, EPA
stated that if adverse comments were
received by June 17, 2013, the rule
would be withdrawn and not take effect,
the proposed rule would remain in
effect, and an additional public
comment period would not be
instituted.
On May 17, 2013, EPA received
comments from a single commenter
solely on the portions of the rulemaking
related to the PM NAAQS; therefore,
EPA withdrew the PM portions of the
direct final rule. See 78 FR 41851 (July
12, 2013). The withdrawal of the PM
portions did not affect EPA’s May 16,
2013, direct final action on Georgia’s
SIP revisions related to the SO2, NO2,
ozone, and lead NAAQS. EPA is now
taking action to approve only the
portions of the September 15, 2008, and
August 30, 2010, SIP revisions related to
the PM NAAQS. EPA has reviewed the
changes to GA EPD’s rule reflecting the
PM NAAQS and determined that these
changes are consistent with federal
regulations in effect at the time of SIP
submission; thus, EPA is approving
these revisions to the Georgia SIP.
II. Background
EPA approved a Georgia SIP revision
on February 9, 2010, that adopted the
1997 24-hour PM2.5 NAAQS and 1997
annual PM2.5 NAAQS set at 65
micrograms per cubic meter (mg/m3) and
15 mg/m3, respectively. See 75 FR 6309.
On October 17, 2006, EPA revised the
24-hour PM2.5 NAAQS to 35 mg/m3 and
retained the annual PM2.5 NAAQS at 15
mg/m3.1 See 71 FR 61144. Accordingly,
Georgia submitted three SIP revisions
one dated September 15, 2008,2 and two
1 On December 14, 2012, EPA strengthened the
primary annual PM2.5 NAAQS to 12.0 mg/m3 and
retained the 24-hour PM2.5 NAAQS at 35 mg/m3. See
78 FR 3086 (January 15, 2013).
2 The September 15, 2008 SIP revision includes
changes to Georgia Rule 391–3–1–.02(4)(c) that
update the 24-hr PM2.5 NAAQS to 35 mg/m3. These
changes were state effective on June 25, 2008.
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
dated August 30, 2010,3 that, among
other things, incorporate changes to
Georgia Rule 391–3–1–.02(4)(c)—
‘‘Particulate Matter’’—that update the
rule for consistency with the 2006 PM2.5
NAAQS.
EPA approved Georgia’s SIP revision
on December 14, 1992, that adopted the
initial 1987 24-hour PM10 NAAQS and
1987 annual PM10 NAAQS set at 150
mg/m3 and 50 mg/m3, respectively. See
57 FR 58989. On October 17, 2006, EPA
retained the 24-hour PM10 NAAQS at
150 mg/m3 and revoked the annual PM10
NAAQS. See 71 FR 61144. Accordingly,
in the August 30, 2010, SIP revision, GA
EPA incorporated changes to state rule
391–3–1–.02(4)(c) that update the rule
for consistency with the 2006 PM10
NAAQS.4
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III. Response to Comments
On May 17, 2013, EPA received a
comment from one member of the
general public. While the comment was
generally in support of EPA’s action,
EPA withdrew the direct final rule
because the comment could be
interpreted as adverse. A summary of
the comment and EPA’s response is
provided below.
Comment: The Commenter noted that
EPA revised the PM2.5 NAAQS in 2012,
and he recommended that ‘‘the
particulate matter SIP for Georgia be
conditionally approved, the condition
being that a revised SIP reflecting the
new standard be submitted within a
reasonable amount of time as
determined by’’ EPA.
Response: Although EPA recently
updated the annual PM2.5 NAAQS, the
State submitted the SIP revisions prior
to the December 14, 2012, promulgation
of the new standard, published on
January 15, 2013 (see 78 FR 3086). As
mentioned above, GA EPD submitted its
SIP revisions to update the PM NAAQS
on September 15, 2008, and August 30,
2010, in response to EPA’s
promulgation of the 2006 PM NAAQS.
EPA believes that it is appropriate to
approve Georgia’s September 15, 2008,
and August 30 2010, SIP revisions as
they relate to the PM NAAQS because
they reflect the PM NAAQS in effect at
that time, these NAAQS remain in
effect, and the 2012 PM2.5 NAAQS was
not promulgated at that time. EPA notes
that today’s action does not relieve
3 The August 20, 2010 SIP revision related to
PM2.5 includes changes to Georgia Rule 391–3–1–
.02(4)(c) that align the significant digits for the
annual PM2.5 NAAQS with the federal standard.
These changes were state effective on December 20,
2009.
4 The August 20, 2010 SIP revision related to
PM10 includes changes to Georgia Rule 391–3–1–
.02(4)(c) that repeal the annual PM10 NAAQS. These
changes were state effective on July 20, 2009.
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Georgia of any current or future
requirements regarding the 2012 PM2.5
NAAQS and that EPA is committed to
working with Georgia to update its SIP
to reflect the 2012 PM2.5 NAAQS.
IV. Final Action
EPA is approving the portions of
Georgia’s September 15, 2008, and
August 30, 2010, SIP revisions that
relate to the PM NAAQS because they
are consistent with the PM NAAQS in
effect at the time of submittal.
V. Statutory and Executive Order
Reviews
Under the Clean Air Act (CAA or
Act), 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
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36219
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, 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 August 25, 2014. 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: June 16, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
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Federal Register / Vol. 79, No. 123 / Thursday, June 26, 2014 / Rules and Regulations
Authority: 42.U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570 is amended by
revising the entry for ‘‘391–3–1–.02(4),’’
■
under Emission Standards, in the table
titled ‘‘EPA APPROVED GEORGIA
REGULATIONS’’ in paragraph (c), to
read as follows:
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State citation
State
effective
date
Title/subject
*
*
*
EPA approval date
*
*
Explanation
*
*
*
*
*
*
Emission Standards
*
*
391–3–1–.02(4) ........................
*
*
*
*
Ambient Air Standards ...........
*
*
*
*
*
[FR Doc. 2014–14876 Filed 6–25–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2014–0274; FRL–9912–57–
Region 5]
Approval and Promulgation of Air
Quality Implementation Plans; Illinois;
Revision to the Chicago 8-Hour Ozone
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Withdrawal of direct final rule.
AGENCY:
Due to the receipt of an
adverse comment, EPA is withdrawing
the May 22, 2014, direct final rule
approving a revision to the Illinois State
Implementation Plan (SIP). EPA will
address the comment in a subsequent
final action based upon the proposed
rulemaking action, also published on
May 22, 2014. EPA will not institute a
second comment period on this action.
DATES: The direct final rule published at
79 FR 29324 on May 22, 2014, is
withdrawn effective June 26, 2014.
FOR FURTHER INFORMATION CONTACT:
Michael Leslie, Environmental
Engineer, Control Strategies Section, Air
Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–6680,
leslie.michael@epa.gov.
SUPPLEMENTARY INFORMATION: EPA is
withdrawing the May 22, 2014 (79 FR
29324), direct final rule approving a
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SUMMARY:
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*
6/26/2014 [Insert Federal
Register citation].
*
*
revision to the 1997 8-hour ozone
maintenance plan for the Illinois
portion of the Chicago-Gary-Lake
County, Illinois-Indiana area. In the
direct final rule, EPA stated that if
adverse comments were received by
June 23, 2014, the rule would be
withdrawn and not take effect. On May
26, 2014, EPA received a comment,
which it interprets as adverse and,
therefore, EPA is withdrawing the direct
final rule. EPA will address the
comment in a subsequent final action
based upon the proposed rulemaking
action, also published on May 22, 2014
(79 FR 29395). EPA will not institute a
second comment period on this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Oxides of nitrogen, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 10, 2014.
Susan Hedman,
Regional Administrator, Region 5.
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Accordingly, the amendment to 40
CFR 52.726 published in the Federal
Register on May 22, 2014 (79 FR 29324)
on page 29327 is withdrawn effective
June 26, 2014.
■
[FR Doc. 2014–14868 Filed 6–25–14; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 260 and 261
[EPA–HQ–RCRA–2011–1014; FRL–9911–84–
OSWER]
RIN 2050–AG68
Revisions to the Export Provisions of
the Cathode Ray Tube (CRT) Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA or the Agency) is revising
certain export provisions of the cathode
ray tube (CRT) final rule published on
July 28, 2006. The revisions will allow
the Agency to better track exports of
CRTs for reuse and recycling in order to
ensure safe management of these
materials.
DATES: This final rule is effective on
December 26, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2011–1014. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information may not be publicly
available, such as Confidential Business
Information (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 through
www.regulations.gov or in hard copy at
the RCRA Docket, EPA/DC, William
SUMMARY:
E:\FR\FM\26JNR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36218-36220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14876]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0223; FRL-9912-82-Region-4]
Approval and Promulgation of Implementation Plans for Georgia:
State Implementation Plan Miscellaneous Revisions
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve the portions of revisions to the Georgia State
Implementation Plan (SIP), submitted by the Georgia Environmental
Protection Division (GA EPD), on September 15, 2008, and August 30,
2010, that incorporate changes to the state rules reflecting the 2006
national ambient air quality standards (NAAQS) for particulate matter
(PM). EPA approved the remaining portions of Georgia's September 15,
2008, and August 30, 2010, SIP revisions in a previous rulemaking.
DATES: This rule will be effective on July 28, 2014.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2013-0223. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not 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 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: Nacosta Ward, 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)
562-9140. Ms. Ward can be reached via electronic mail at
ward.nacosta@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. This Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews
I. This Action
EPA is taking final action to approve the portions of Georgia's
September 15, 2008, and August 30, 2010, SIP revisions related to the
PM2.5 and PM10 NAAQS (collectively referred to as
the ``PM NAAQS''). On May 16, 2013, EPA published a direct final rule
approving the portions of Georgia's September 15, 2008, August 30, 2010
(two submittals), and December 15, 2011, SIP submissions, that
incorporate amendments to Georgia Rules 391-3-1-.02(4)(b), (c), (e),
(f), and (g) reflecting the NAAQS for sulfur dioxide (SO2),
nitrogen dioxide (NO2), ozone, lead, and PM in effect at the
time of submittal. See 78 FR 28744.
EPA published an accompanying proposed approval to the May 16,
2013, direct final rule in the event that EPA received adverse comment
and withdrew the direct final rule. See 78 FR 28776. In the direct
final rule, EPA stated that if adverse comments were received by June
17, 2013, the rule would be withdrawn and not take effect, the proposed
rule would remain in effect, and an additional public comment period
would not be instituted.
On May 17, 2013, EPA received comments from a single commenter
solely on the portions of the rulemaking related to the PM NAAQS;
therefore, EPA withdrew the PM portions of the direct final rule. See
78 FR 41851 (July 12, 2013). The withdrawal of the PM portions did not
affect EPA's May 16, 2013, direct final action on Georgia's SIP
revisions related to the SO2, NO2, ozone, and
lead NAAQS. EPA is now taking action to approve only the portions of
the September 15, 2008, and August 30, 2010, SIP revisions related to
the PM NAAQS. EPA has reviewed the changes to GA EPD's rule reflecting
the PM NAAQS and determined that these changes are consistent with
federal regulations in effect at the time of SIP submission; thus, EPA
is approving these revisions to the Georgia SIP.
II. Background
EPA approved a Georgia SIP revision on February 9, 2010, that
adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual
PM2.5 NAAQS set at 65 micrograms per cubic meter ([mu]g/
m\3\) and 15 [mu]g/m\3\, respectively. See 75 FR 6309. On October 17,
2006, EPA revised the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\
and retained the annual PM2.5 NAAQS at 15 [mu]g/m\3\.\1\ See
71 FR 61144. Accordingly, Georgia submitted three SIP revisions one
dated September 15, 2008,\2\ and two
[[Page 36219]]
dated August 30, 2010,\3\ that, among other things, incorporate changes
to Georgia Rule 391-3-1-.02(4)(c)--``Particulate Matter''--that update
the rule for consistency with the 2006 PM2.5 NAAQS.
---------------------------------------------------------------------------
\1\ On December 14, 2012, EPA strengthened the primary annual
PM2.5 NAAQS to 12.0 [mu]g/m\3\ and retained the 24-hour
PM2.5 NAAQS at 35 [mu]g/m\3\. See 78 FR 3086 (January 15,
2013).
\2\ The September 15, 2008 SIP revision includes changes to
Georgia Rule 391-3-1-.02(4)(c) that update the 24-hr
PM2.5 NAAQS to 35 [mu]g/m\3\. These changes were state
effective on June 25, 2008.
\3\ The August 20, 2010 SIP revision related to PM2.5
includes changes to Georgia Rule 391-3-1-.02(4)(c) that align the
significant digits for the annual PM2.5 NAAQS with the
federal standard. These changes were state effective on December 20,
2009.
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EPA approved Georgia's SIP revision on December 14, 1992, that
adopted the initial 1987 24-hour PM10 NAAQS and 1987 annual
PM10 NAAQS set at 150 [mu]g/m\3\ and 50 [mu]g/m\3\,
respectively. See 57 FR 58989. On October 17, 2006, EPA retained the
24-hour PM10 NAAQS at 150 [mu]g/m\3\ and revoked the annual
PM10 NAAQS. See 71 FR 61144. Accordingly, in the August 30,
2010, SIP revision, GA EPA incorporated changes to state rule 391-3-
1-.02(4)(c) that update the rule for consistency with the 2006
PM10 NAAQS.\4\
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\4\ The August 20, 2010 SIP revision related to PM10
includes changes to Georgia Rule 391-3-1-.02(4)(c) that repeal the
annual PM10 NAAQS. These changes were state effective on
July 20, 2009.
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III. Response to Comments
On May 17, 2013, EPA received a comment from one member of the
general public. While the comment was generally in support of EPA's
action, EPA withdrew the direct final rule because the comment could be
interpreted as adverse. A summary of the comment and EPA's response is
provided below.
Comment: The Commenter noted that EPA revised the PM2.5
NAAQS in 2012, and he recommended that ``the particulate matter SIP for
Georgia be conditionally approved, the condition being that a revised
SIP reflecting the new standard be submitted within a reasonable amount
of time as determined by'' EPA.
Response: Although EPA recently updated the annual PM2.5
NAAQS, the State submitted the SIP revisions prior to the December 14,
2012, promulgation of the new standard, published on January 15, 2013
(see 78 FR 3086). As mentioned above, GA EPD submitted its SIP
revisions to update the PM NAAQS on September 15, 2008, and August 30,
2010, in response to EPA's promulgation of the 2006 PM NAAQS. EPA
believes that it is appropriate to approve Georgia's September 15,
2008, and August 30 2010, SIP revisions as they relate to the PM NAAQS
because they reflect the PM NAAQS in effect at that time, these NAAQS
remain in effect, and the 2012 PM2.5 NAAQS was not
promulgated at that time. EPA notes that today's action does not
relieve Georgia of any current or future requirements regarding the
2012 PM2.5 NAAQS and that EPA is committed to working with
Georgia to update its SIP to reflect the 2012 PM2.5 NAAQS.
IV. Final Action
EPA is approving the portions of Georgia's September 15, 2008, and
August 30, 2010, SIP revisions that relate to the PM NAAQS because they
are consistent with the PM NAAQS in effect at the time of submittal.
V. Statutory and Executive Order Reviews
Under the Clean Air Act (CAA or Act), 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, 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 August 25, 2014. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Volatile organic compounds.
Dated: June 16, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
[[Page 36220]]
Authority: 42.U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570 is amended by revising the entry for ``391-3-
1-.02(4),'' under Emission Standards, in the table titled ``EPA
APPROVED GEORGIA REGULATIONS'' in paragraph (c), 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(4)................... Ambient Air 9/13/2011 6/26/2014 [Insert
Standards. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-14876 Filed 6-25-14; 8:45 am]
BILLING CODE 6560-50-P
