Approval and Promulgation of Implementation Plans; Georgia: Revisions to Definitions and Ambient Air Quality Standards, 45609-45613 [2015-18758]
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45609
Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations
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 rule and other
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the U.S. House of Representatives, and
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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 September 29,
2015. 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
State citation
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 CAA section
307(b)(2).)
State adopted and effective
date
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Dated: July 1, 2015.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ—Wyoming
2. In § 52.2620, the table titled ‘‘State
of Wyoming Regulations’’ in paragraph
(c)(1) is amended under Chapter 2 by
revising the entry for section 4 to read
as follows:
■
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations,
Greenhouse gases, Lead, Nitrogen
dioxide, Ozone, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Title/subject
Authority: 42 U.S.C. 7401 et seq.
§ 52.2620
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Identification of plan.
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(c) * * *
(1) * * *
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EPA approval date and citation 1
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Explanations
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Chapter 2
Section 4 .................
Ambient standards for sulfur
oxides.
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10/5/2012, 12/19/2012 ........
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7/31/15, [insert Federal
Register citation].
*
1 In
order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision.
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[FR Doc. 2015–18515 Filed 7–30–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0413; FRL–9931–65–
Region 4]
Approval and Promulgation of
Implementation Plans; Georgia:
Revisions to Definitions and Ambient
Air Quality Standards
Environmental Protection
Agency.
ACTION: Direct final rule.
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AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve portions of State
Implementation Plan (SIP) revisions
submitted by the State of Georgia,
SUMMARY:
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through the Georgia Department of
Natural Resources’ Environmental
Protection Division (GA EPD), on
August 30, 2010, December 15, 2011,
and November 12, 2014. The SIP
submittals include changes to GA EPD’s
air quality rules that, among other
things, modify definitions and modify
the ambient air standards for fine
particulate matter. The portions of the
SIP revisions that EPA is approving are
consistent with the requirements of the
Clean Air Act (CAA).
This direct final rule is effective
September 29, 2015 without further
notice, unless EPA receives adverse
comment by August 31, 2015. 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.
DATES:
Submit your comments,
identified by Docket ID No. EPA–R04–
ADDRESSES:
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OAR–2015–0413, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2015–
0413,’’ Air Regulatory Management
Section (formerly Regulatory
Development Section), Air Planning and
Implementation Branch (formerly 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: Lynorae
Benjamin, Chief, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
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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 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2015–
0413.’’ 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
may not be 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 Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
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Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr. Akers
can be reached by phone at (404) 562–
9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 30, 2010, December 15,
2011, and November 12, 2014, GA EPD
submitted SIP revisions to EPA for
review and approval into the Georgia
SIP that contain changes to a number of
Georgia’s air quality rules at rule
chapter 391–3–1. The changes that EPA
is approving into the SIP today modify
portions of Rule 391–3–1–.01—
‘‘Definitions,’’ and Rule 391–3–1–
.02(4)—‘‘Ambient Air Standards.’’ The
changes requested by Georgia in the
three SIP revisions are discussed below.
EPA is not acting on the changes to
the following rule sections proposed by
Georgia because the rule sections are not
incorporated into the SIP: Rule 391–3–
1–.02(8)(b)—‘‘New Source Performance
Standards’’ (August 30, 2010, and
November 12, 2014, submittals); Rule
391–3–1–.02(9)(b)—‘‘Emission
Standards for Hazardous Air Pollutants’’
(August 30, 2010, December 15, 2011,
and November 12, 2014, submittals);
Rule 391–3–1–.03(9)—‘‘Permit Fees’’
(August 30, 2010, and December 15,
2011, submittals); Rule 391–3–1–
.02(2)(www)—‘‘Sewage Sludge
Incineration Units Constructed On or
Before October 14, 2010’’ (November 12,
2014, submittal); and Rule 391–3–1–
.03(10)—‘‘Title V Operating Permits’’
(November 12, 2014, submittal). EPA is
not acting on changes to Rule 391–3–1–
.02(2)(uuu)—‘‘SO2 Emissions from
Electric Utility Steam Generating
Units,’’ included in the December 15,
2011, submittal because the rule is not
part of the SIP and the State’s prior
request to incorporate the rule into the
SIP was withdrawn from EPA
consideration by the State in a letter
dated December 9, 2014. At this time,
the Agency is not acting on changes to
Rule 391–3–1–.01(cccc)—‘‘Synthetic
Minor Permits’’ or related changes to
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Rule 391–3–1–.03(11)—‘‘Permit by
Rule,’’ in the December 15, 2011,
submittal or changes to Rule 391–3–1–
.03(8) in the December 15, 2011,
submittal because those revisions will
be addressed in a separate action.
Changes to Rule 391–3–1–.02(4)—
‘‘Ambient Air Standards,’’ from the
August 30, 2010, and December 15,
2011, submittals were previously
approved, and therefore, are not before
the EPA for consideration in today’s
action. See 78 FR 28744 (May 16, 2013).
EPA is also not acting on changes to
Rule 391–3–1–.02(7)—‘‘Prevention of
Significant Deterioration’’ in the
December 15, 2011, or November 12,
2014, submittals at this time because
these changes will be addressed in a
separate action. The Agency is not
acting on changes to Rule 391–3–1–
.02(7) from two August 30, 2010,
submittals because the changes were
previously submitted to EPA in an
October 31, 2006, submittal and
approved into the SIP. See 75 FR 71018
(November 22, 2010). Finally, EPA is
not taking action on changes to Rule
391–3–1–.03(13)(c)—‘‘Quantification of
Emission Reduction Credits,’’ included
in one August 30, 2010, submittal,
because the version of the rule in the
SIP already contains the requested
language.1
II. Analysis of Georgia’s Submittals
A. Rule 391–3–1–.01—‘‘Definitions’’
1. Rule 391–3–1–.01(llll)—‘‘Volatile
Organic Compound’’
Georgia is amending its definition of
volatile organic compound (VOC) at
Rule 391–3–.01(llll) 2 by adding eight
additional compounds to the list of
1 Following EPA’s approval of Rule 391–3–1–
.03(13) into the SIP, the State modified provision
391–3–1–.03(13)(c) and submitted that change to
EPA as a SIP revision on March 5, 2007. EPA
disapproved that change on December 30, 2008. See
73 FR 79653. Georgia subsequently reverted to the
original language in 391–3–1–.03(13)(c) and
submitted that original language to EPA for
approval in its August 30, 2010, SIP revision.
Because the version of 391–3–1–.03(13)(c)
incorporated into the SIP did not change to reflect
the State’s proposed 2007 modification, there is
currently no modification for EPA to act on.
2 Additionally, GA EPD submitted a change to
Rule 391–3–1–.01(llll) (and changes to several other
rules) to EPA in an October 31, 2006, submittal
(available at Docket ID: EPA–R04–OAR–2006–
0649–201059). However, GA EPD did not request
that EPA act to approve many of these changes into
the SIP, including the change to Rule 391–3–1–
.01(llll), in the submittal cover letter. Therefore,
EPA does not consider the changes in the October
31, 2006, submittal that were not identified by the
State for approval into the SIP to be part of an
official SIP revision package. EPA has acted only on
the rule changes in the October 31, 2006, submittal
that Georgia requested for inclusion into the SIP.
See 74 FR 62249 and 75 FR 71018 (November 27,
2009; November 22, 2010).
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compounds excluded from the
definition of VOC and by excluding one
compound from VOC emissions
limitations or VOC content
requirements (this compound remains a
‘‘VOC’’ for recordkeeping, emissions
inventories, and modeling purposes).
GA EPD is revising its definition of VOC
to reflect modifications to the Federal
definition at 40 CFR 51.100(s) made by
EPA on February 20, 2009 (74 FR 3437)
(reflected in the August 30, 2010,
submittal) and on November 29, 2004
(69 FR 69298), February 12, 2013 (78 FR
9823), August 28, 2013 (78 FR 53029),
and October 22, 2013 (78 FR 62451)
(reflected in the November 12, 2014,
submittal).
EPA’s policy is that compounds of
carbon with a negligible level of
reactivity need not be regulated to
reduce ozone. See 42 FR 35314 (July 8,
1977). EPA determines whether a given
carbon compound has ‘‘negligible’’
reactivity by comparing the compound’s
reactivity to the reactivity of ethane.
EPA excludes these compounds in its
definition of VOC at 40 CFR 51.100(s).
The chemicals on this list are often
called ‘‘negligibly reactive.’’ EPA may
periodically add compounds to or delete
compounds from the list of negligibly
reactive compounds in 40 CFR
51.100(s).
The changes approved to the SIP
today update the definition of VOC at
Rule 391–3–1–.01(llll) for consistency
with the definition of VOC at 40 CFR
51.100(s) by: (1) Adding eight additional
compounds to the list of compounds
excluded from the definition of VOC; 3
and (2) adding the following paragraph
to clarify the status of t-butyl acetate—
‘‘[t]he following compound(s) are VOC
for purposes of all recordkeeping,
emissions reporting, photochemical
dispersion modeling and inventory
requirements which apply to VOC and
shall be uniquely identified in emission
reports, but are not VOC for purposes of
VOC emissions limitations or VOC
content requirements: t-butyl acetate.’’
EPA is approving these changes to
Rule 391–3–1–.01(llll) into the SIP to
maintain consistency with the Federal
definition of VOC at 40 CFR 51.100(s).
These rule changes became state
effective on July 20, 2009, and October
14, 2014.
3 The eight compounds are: propylene carbonate;
dimethyl carbonate; HCF2OCF2H (HFE–134);
HCF2OCF2OCF2H (HFE–236cal2);
HCF2OCF2CF2OCF2H (HFE–338pcc13);
HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or HGalden ZT 130 (or 150 or 180)); trans-1-chloro3,3,3-trifluoroprop-1-ene; and 2,3,3,3tetrafluoropropene. These compounds are excluded
from the Federal definition of VOC at 40 CFR
51.100(s).
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2. 391–3–1–.01(nnnn)—‘‘Procedures for
Testing and Monitoring Sources of Air
Pollutants’’
In the November 12, 2014, submittal,
Georgia is amending the definition of
‘‘Procedures for Testing and Monitoring
Sources of Air Pollutants’’ at Rule 391–
3–1–.01(nnnn) to reference the February
7, 2014, version of the Georgia
Department of Natural Resources
document entitled ‘‘Procedures for
Testing and Monitoring Sources of Air
Pollutants.’’ The purpose of that
document is to identify the procedures
used for testing and monitoring the air
pollutant sources. The August 30, 2010,
submittal revised the date of the
document to reflect then-current version
of the document, dated March 1, 2009;
and the December 15, 2011, submittal
revised the date to the then-current
version, dated February 1, 2011.
However, the more current November
12, 2014, SIP submittal revised the date
to reflect the February 7, 2014, version
of the document, and this revision
supersedes the revisions submitted on
August 30, 2010, and December 15,
2011. This change to the SIP is
approvable because it merely updates
the date of the ‘‘Procedures for Testing
and Monitoring Sources of Air
Pollutants’’ document referenced in the
SIP-approved version of Rule 391–3–1–
.01(nnnn). The revision to this rule in
the November 12, 2014, SIP revision
became state effective on October 14,
2014.
B. Rule 391–3–1–.02(4)—‘‘Ambient Air
Standards’’
Georgia is amending Rule 391–3–1–
.02(4)(c)2.(ii), relating to the ambient air
standards for fine particulate matter
(PM2.5), to reflect the 2012 annual
national ambient air quality standards
(NAAQS) for this pollutant, set at 12.0
micrograms per cubic meter on
December 14, 2012. See 78 FR 3086
(January 15, 2013). EPA is approving
this revision to the Georgia SIP to
maintain consistency with the PM2.5
NAAQS at the time that the submission
was provided to EPA. Georgia’s rule
revision became state effective on
October 14, 2014.
III. Incorporation by Reference
In this rule, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate
by reference of the revised definition of
‘‘Volatile Organic Compound’’ at Rule
391–3–1–.01(llll) (state effective on July
20, 2009, and October 14, 2014), the
revised definition of ‘‘Procedures for
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Testing and Monitoring Sources of Air
Pollutants’’ at Rule 391–3–1–.01(nnnn)
(state effective on October 14, 2014),
and the revisions to the PM2.5 ambient
air standard at Rule 391–3–1–
.02(4)(c)2.(ii) (state effective on October
14, 2014). EPA has made, and will
continue to make, these documents
generally available electronically
through www.regulations.gov and/or in
hard copy at the appropriate EPA office
(see the ADDRESSES section of this
preamble for more information).
IV. Final Action
EPA is taking direct final action to
approve the changes to the Georgia SIP
specifically identified in section II,
above, because these changes are
consistent with the CAA. EPA is
publishing this rule without prior
proposal because the Agency views
these as noncontroversial submittals
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 changes should adverse
comments be filed. This rule will be
effective September 29, 2015 without
further notice unless the Agency
receives adverse comments by August
31, 2015.
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 September 29,
2015 and no further action will be taken
on the proposed rule. Please note that if
we 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.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
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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 Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• 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).
The SIP is not approved to apply on
any Indian reservation land or in any
other area where EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), nor will it 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 September 29, 2015. 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, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Volatile organic
compounds.
Dated: July 22, 2015.
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:
■
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(4)’’ to read as
follows:
■
§ 52.570
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Identification of plan.
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EPA-APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
391–3–1–.01 ...........
Definitions ....................................
10/14/2014
7/31/2015, [Insert citation of publication].
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391–3–1–.02(4) ......
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Ambient Air Standards ................
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10/14/2014
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7/31/2015, [Insert citation of publication].
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EPA approval date
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Explanation
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[FR Doc. 2015–18758 Filed 7–30–15; 8:45 am]
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Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2015–0411; FRL–9931–56–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; 2011 Base Year Emissions
Inventory for the Marshall, West
Virginia Nonattainment Area for the
2010 1-Hour Sulfur Dioxide National
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve the 2011 base year
emissions inventory submitted by the
State of West Virginia for the 2010
1-hour sulfur dioxide (SO2) National
Ambient Air Quality Standard
(NAAQS). The emissions inventory was
submitted to meet one of the
nonattainment requirements for the
Marshall, West Virginia nonattainment
area (Marshall Area or Area) for the
2010 1-hour SO2 NAAQS. EPA is
approving the 2011 base year emissions
inventory for the 2010 1-hour SO2
NAAQS for the Marshall Area in
accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on
September 29, 2015 without further
notice, unless EPA receives adverse
written comment by August 31, 2015. 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 Number EPA–
R03–OAR–2015–0411 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2015–0411,
Cristina Fernandez, Associate Director,
Office of Air Program Planning,
Mailcode 3AP30, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
rmajette on DSK2VPTVN1PROD with RULES
SUMMARY:
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Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2015–
0411. 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 information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. 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.
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 during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal is available
at the West Virginia Department of
Environmental Protection, Division of
Air Quality, 601 57th Street SE.,
Charleston, West Virginia 25304.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
email at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
II. Summary of West Virginia’s Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
In June 2010, EPA promulgated a new
1-hour primary SO2 NAAQS of 75 parts
per billion (ppb), which is met at an
ambient air quality monitoring site
when the 3-year average of the annual
99th percentile of 1-hour daily
maximum concentrations does not
exceed 75 ppb, as determined in
accordance with Appendix T of 40 CFR
part 50. See 40 CFR 50.17(a)–(b). On
August 5, 2013, the EPA designated 29
areas of the country, including the
Marshall Area, as nonattainment for the
2010 SO2 NAAQS (77 FR 47191). The
Marshall Area is comprised of Clay,
Franklin, and Washington Tax Districts
in Marshall County, West Virginia.
An area designated as nonattainment
for the 2010 1-hour SO2 NAAQS is
required to submit a nonattainment SIP
to EPA meeting the requirements of
subparts 1 and 5 of part D, of Title I of
the CAA, providing for attainment of the
NAAQS by the applicable statutory
attainment date. See CAA sections 172
and 191–192. These SIPs are required to
provide for future attainment of the
2010 1-hour SO2 NAAQS as
expeditiously as practicable, but no later
than 5 years from the effective date of
designation as nonattainment. One of
the requirements for states with an SO2
nonattainment area is the submission of
an emissions inventory. Section
172(c)(3) requires the submission of a
comprehensive, accurate, current
accounting of actual emissions from all
sources of the relevant pollutant in the
nonattainment area.
II. Summary of West Virginia’s
Submittal
On May 6, 2015, the West Virginia
Department of Environmental Protection
(WVDEP) submitted the 2011 base year
emissions inventory for the Marshall
Area for the 2010 1-hour SO2 NAAQS to
meet the requirements of CAA section
172(c)(3). The base year inventory
includes actual annual emissions of SO2
that cover the general source categories
of stationary point sources, stationary
nonpoint sources, nonroad mobile
sources, and onroad mobile sources. For
the purpose of the base year inventory,
emissions from the entire county were
submitted. WVDEP used emissions from
EPA’s 2011 National Emissions
Inventory (NEI) version 2 for the base
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Agencies
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Rules and Regulations]
[Pages 45609-45613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18758]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2015-0413; FRL-9931-65-Region 4]
Approval and Promulgation of Implementation Plans; Georgia:
Revisions to Definitions and Ambient Air Quality Standards
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve portions of State Implementation Plan (SIP)
revisions submitted by the State of Georgia, through the Georgia
Department of Natural Resources' Environmental Protection Division (GA
EPD), on August 30, 2010, December 15, 2011, and November 12, 2014. The
SIP submittals include changes to GA EPD's air quality rules that,
among other things, modify definitions and modify the ambient air
standards for fine particulate matter. The portions of the SIP
revisions that EPA is approving are consistent with the requirements of
the Clean Air Act (CAA).
DATES: This direct final rule is effective September 29, 2015 without
further notice, unless EPA receives adverse comment by August 31, 2015.
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-2015-0413, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-ARMS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2015-0413,'' Air Regulatory Management
Section (formerly Regulatory Development Section), Air Planning and
Implementation Branch (formerly 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: Lynorae Benjamin, Chief, Air
Regulatory Management Section, Air Planning and Implementation Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Such
[[Page 45610]]
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 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0413.'' 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 may not be 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 Regulatory Management
Section, Air Planning and Implementation 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 a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Mr. Akers can be reached by phone at (404) 562-9089 or via
electronic mail at akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 30, 2010, December 15, 2011, and November 12, 2014, GA
EPD submitted SIP revisions to EPA for review and approval into the
Georgia SIP that contain changes to a number of Georgia's air quality
rules at rule chapter 391-3-1. The changes that EPA is approving into
the SIP today modify portions of Rule 391-3-1-.01--``Definitions,'' and
Rule 391-3-1-.02(4)--``Ambient Air Standards.'' The changes requested
by Georgia in the three SIP revisions are discussed below.
EPA is not acting on the changes to the following rule sections
proposed by Georgia because the rule sections are not incorporated into
the SIP: Rule 391-3-1-.02(8)(b)--``New Source Performance Standards''
(August 30, 2010, and November 12, 2014, submittals); Rule 391-3-
1-.02(9)(b)--``Emission Standards for Hazardous Air Pollutants''
(August 30, 2010, December 15, 2011, and November 12, 2014,
submittals); Rule 391-3-1-.03(9)--``Permit Fees'' (August 30, 2010, and
December 15, 2011, submittals); Rule 391-3-1-.02(2)(www)--``Sewage
Sludge Incineration Units Constructed On or Before October 14, 2010''
(November 12, 2014, submittal); and Rule 391-3-1-.03(10)--``Title V
Operating Permits'' (November 12, 2014, submittal). EPA is not acting
on changes to Rule 391-3-1-.02(2)(uuu)--``SO2 Emissions from
Electric Utility Steam Generating Units,'' included in the December 15,
2011, submittal because the rule is not part of the SIP and the State's
prior request to incorporate the rule into the SIP was withdrawn from
EPA consideration by the State in a letter dated December 9, 2014. At
this time, the Agency is not acting on changes to Rule 391-3-
1-.01(cccc)--``Synthetic Minor Permits'' or related changes to Rule
391-3-1-.03(11)--``Permit by Rule,'' in the December 15, 2011,
submittal or changes to Rule 391-3-1-.03(8) in the December 15, 2011,
submittal because those revisions will be addressed in a separate
action. Changes to Rule 391-3-1-.02(4)--``Ambient Air Standards,'' from
the August 30, 2010, and December 15, 2011, submittals were previously
approved, and therefore, are not before the EPA for consideration in
today's action. See 78 FR 28744 (May 16, 2013).
EPA is also not acting on changes to Rule 391-3-1-.02(7)--
``Prevention of Significant Deterioration'' in the December 15, 2011,
or November 12, 2014, submittals at this time because these changes
will be addressed in a separate action. The Agency is not acting on
changes to Rule 391-3-1-.02(7) from two August 30, 2010, submittals
because the changes were previously submitted to EPA in an October 31,
2006, submittal and approved into the SIP. See 75 FR 71018 (November
22, 2010). Finally, EPA is not taking action on changes to Rule 391-3-
1-.03(13)(c)--``Quantification of Emission Reduction Credits,''
included in one August 30, 2010, submittal, because the version of the
rule in the SIP already contains the requested language.\1\
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\1\ Following EPA's approval of Rule 391-3-1-.03(13) into the
SIP, the State modified provision 391-3-1-.03(13)(c) and submitted
that change to EPA as a SIP revision on March 5, 2007. EPA
disapproved that change on December 30, 2008. See 73 FR 79653.
Georgia subsequently reverted to the original language in 391-3-
1-.03(13)(c) and submitted that original language to EPA for
approval in its August 30, 2010, SIP revision. Because the version
of 391-3-1-.03(13)(c) incorporated into the SIP did not change to
reflect the State's proposed 2007 modification, there is currently
no modification for EPA to act on.
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II. Analysis of Georgia's Submittals
A. Rule 391-3-1-.01--``Definitions''
1. Rule 391-3-1-.01(llll)--``Volatile Organic Compound''
Georgia is amending its definition of volatile organic compound
(VOC) at Rule 391-3-.01(llll) \2\ by adding eight additional compounds
to the list of
[[Page 45611]]
compounds excluded from the definition of VOC and by excluding one
compound from VOC emissions limitations or VOC content requirements
(this compound remains a ``VOC'' for recordkeeping, emissions
inventories, and modeling purposes). GA EPD is revising its definition
of VOC to reflect modifications to the Federal definition at 40 CFR
51.100(s) made by EPA on February 20, 2009 (74 FR 3437) (reflected in
the August 30, 2010, submittal) and on November 29, 2004 (69 FR 69298),
February 12, 2013 (78 FR 9823), August 28, 2013 (78 FR 53029), and
October 22, 2013 (78 FR 62451) (reflected in the November 12, 2014,
submittal).
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\2\ Additionally, GA EPD submitted a change to Rule 391-3-
1-.01(llll) (and changes to several other rules) to EPA in an
October 31, 2006, submittal (available at Docket ID: EPA-R04-OAR-
2006-0649-201059). However, GA EPD did not request that EPA act to
approve many of these changes into the SIP, including the change to
Rule 391-3-1-.01(llll), in the submittal cover letter. Therefore,
EPA does not consider the changes in the October 31, 2006, submittal
that were not identified by the State for approval into the SIP to
be part of an official SIP revision package. EPA has acted only on
the rule changes in the October 31, 2006, submittal that Georgia
requested for inclusion into the SIP. See 74 FR 62249 and 75 FR
71018 (November 27, 2009; November 22, 2010).
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EPA's policy is that compounds of carbon with a negligible level of
reactivity need not be regulated to reduce ozone. See 42 FR 35314 (July
8, 1977). EPA determines whether a given carbon compound has
``negligible'' reactivity by comparing the compound's reactivity to the
reactivity of ethane. EPA excludes these compounds in its definition of
VOC at 40 CFR 51.100(s). The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically add compounds to or
delete compounds from the list of negligibly reactive compounds in 40
CFR 51.100(s).
The changes approved to the SIP today update the definition of VOC
at Rule 391-3-1-.01(llll) for consistency with the definition of VOC at
40 CFR 51.100(s) by: (1) Adding eight additional compounds to the list
of compounds excluded from the definition of VOC; \3\ and (2) adding
the following paragraph to clarify the status of t-butyl acetate--
``[t]he following compound(s) are VOC for purposes of all
recordkeeping, emissions reporting, photochemical dispersion modeling
and inventory requirements which apply to VOC and shall be uniquely
identified in emission reports, but are not VOC for purposes of VOC
emissions limitations or VOC content requirements: t-butyl acetate.''
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\3\ The eight compounds are: propylene carbonate; dimethyl
carbonate; HCF2OCF2H (HFE-134);
HCF2OCF2OCF2H (HFE-236cal2);
HCF2OCF2CF2OCF2H (HFE-
338pcc13);
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans-1-
chloro-3,3,3-trifluoroprop-1-ene; and 2,3,3,3-tetrafluoropropene.
These compounds are excluded from the Federal definition of VOC at
40 CFR 51.100(s).
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EPA is approving these changes to Rule 391-3-1-.01(llll) into the
SIP to maintain consistency with the Federal definition of VOC at 40
CFR 51.100(s). These rule changes became state effective on July 20,
2009, and October 14, 2014.
2. 391-3-1-.01(nnnn)--``Procedures for Testing and Monitoring Sources
of Air Pollutants''
In the November 12, 2014, submittal, Georgia is amending the
definition of ``Procedures for Testing and Monitoring Sources of Air
Pollutants'' at Rule 391-3-1-.01(nnnn) to reference the February 7,
2014, version of the Georgia Department of Natural Resources document
entitled ``Procedures for Testing and Monitoring Sources of Air
Pollutants.'' The purpose of that document is to identify the
procedures used for testing and monitoring the air pollutant sources.
The August 30, 2010, submittal revised the date of the document to
reflect then-current version of the document, dated March 1, 2009; and
the December 15, 2011, submittal revised the date to the then-current
version, dated February 1, 2011. However, the more current November 12,
2014, SIP submittal revised the date to reflect the February 7, 2014,
version of the document, and this revision supersedes the revisions
submitted on August 30, 2010, and December 15, 2011. This change to the
SIP is approvable because it merely updates the date of the
``Procedures for Testing and Monitoring Sources of Air Pollutants''
document referenced in the SIP-approved version of Rule 391-3-
1-.01(nnnn). The revision to this rule in the November 12, 2014, SIP
revision became state effective on October 14, 2014.
B. Rule 391-3-1-.02(4)--``Ambient Air Standards''
Georgia is amending Rule 391-3-1-.02(4)(c)2.(ii), relating to the
ambient air standards for fine particulate matter (PM2.5),
to reflect the 2012 annual national ambient air quality standards
(NAAQS) for this pollutant, set at 12.0 micrograms per cubic meter on
December 14, 2012. See 78 FR 3086 (January 15, 2013). EPA is approving
this revision to the Georgia SIP to maintain consistency with the
PM2.5 NAAQS at the time that the submission was provided to
EPA. Georgia's rule revision became state effective on October 14,
2014.
III. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporate by reference of the revised
definition of ``Volatile Organic Compound'' at Rule 391-3-1-.01(llll)
(state effective on July 20, 2009, and October 14, 2014), the revised
definition of ``Procedures for Testing and Monitoring Sources of Air
Pollutants'' at Rule 391-3-1-.01(nnnn) (state effective on October 14,
2014), and the revisions to the PM2.5 ambient air standard
at Rule 391-3-1-.02(4)(c)2.(ii) (state effective on October 14, 2014).
EPA has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).
IV. Final Action
EPA is taking direct final action to approve the changes to the
Georgia SIP specifically identified in section II, above, because these
changes are consistent with the CAA. EPA is publishing this rule
without prior proposal because the Agency views these as
noncontroversial submittals 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 changes should adverse comments be filed.
This rule will be effective September 29, 2015 without further notice
unless the Agency receives adverse comments by August 31, 2015.
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 September 29, 2015 and
no further action will be taken on the proposed rule. Please note that
if we 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.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting
[[Page 45612]]
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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
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).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 September 29, 2015. 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, Incorporation by
reference, Intergovernmental relations, Particulate matter, Volatile
organic compounds.
Dated: July 22, 2015.
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:
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(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
----------------------------------------------------------------------------------------------------------------
391-3-1-.01................... Definitions......... 10/14/2014 7/31/2015, [Insert ....................
citation of
publication].
* * * * * * *
391-3-1-.02(4)................ Ambient Air 10/14/2014 7/31/2015, [Insert ....................
Standards. citation of
publication].
* * * * * * *
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[FR Doc. 2015-18758 Filed 7-30-15; 8:45 am]
BILLING CODE 6560-50-P