Air Plan Approval; Georgia: Procedures for Testing and Monitoring Sources of Air Pollutants, 1206-1208 [2016-31753]
Download as PDF
<![CDATA[
1206
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
TABLE 2—FOIA DOCUMENT PRODUC- the Postal Regulatory Commission
TION
FEES—TECHNICAL DATA— (PRC). The PRC has found that price
adjustments contained in the Postal
Continued
Type
Cost
Paper Copy (standard
size paper up to 81⁄2 x
14, photocopier or
printer) ........................
CD/DVD .........................
Microfiche Produced,
each ...........................
Certification and Validation with Seal, each
document ...................
Service’s notice may go into effect on
January 22, 2017. The Postal Service
will revise Notice 123, Price List to
reflect the new prices.
DATES: Effective date: January 22, 2017.
0.15 FOR FURTHER INFORMATION CONTACT:
5.00 Paula Rabkin at 202–268–2537.
SUPPLEMENTARY INFORMATION:
3.50
50.00
(c) The DoD Components will waive
the payment of costs required in
paragraph (a) of this section that are
greater than the costs that would be
required for release of this same
information under § 286.12 if:
(1) The FOIA request is made by a
U.S. citizen or a U.S. corporation, and
such citizen or corporation certifies that
the technical data requested is required
to enable it to submit an offer, or to
determine whether it is capable of
submitting an offer, to provide the
product to which the technical data
relates to the United States or a U.S.
contractor. However, the DoD
Components may require the citizen or
corporation to pay a deposit in an
amount equal to but not more than the
cost of complying with the FOIA
request, which will be refunded upon
submission of an offer by the citizen or
corporation;
(2) The release of technical data is
requested in order to comply with the
terms of an international agreement; or
(3) The DoD Component determines,
in accordance with paragraph (m) of
§ 286.12, that such a waiver is in the
interest of the United States.
Dated: December 23, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
I. Proposed Rule and Response
On October 12, 2016, the Postal
Service filed a notice of mailing services
price adjustments with the Postal
Regulatory Commission (PRC) for
products and services covered by
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM®), to be effective on
January 22, 2017. In addition, on
October 17, 2016, the USPSTM
published a notice of proposed price
changes in the Federal Register entitled
‘‘International Mailing Services:
Proposed Price Changes’’ (81 FR 71427).
The notice included price changes that
we would adopt for products and
services covered by Mailing Standards
of the United States Postal Service,
International Mail Manual (IMM®) and
publish in Notice 123, Price List, on
Postal Explorer® at pe.usps.com. We
received no comments.
II. Decision of the Postal Regulatory
Commission
As set forth in the PRC’s Order No.
3610 issued on November 15, 2016, as
well as in the PRC’s Order No. 3670
issued on December 15, 2016, the PRC
determined that the international prices
in the Postal Service’s Notice may go
into effect on January 22, 2017. The new
prices will accordingly be posted in
Notice 123, on Postal Explorer at
pe.usps.com.
[FR Doc. 2016–31686 Filed 1–4–17; 8:45 am]
Stanley F. Mires,
Attorney, Federal Compliance.
BILLING CODE 5001–06–P
[FR Doc. 2016–31525 Filed 1–4–17; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
ENVIRONMENTAL PROTECTION
AGENCY
International Mailing Services: Mailing
Services Price Changes
asabaliauskas on DSK3SPTVN1PROD with RULES
39 CFR Part 20
40 CFR Part 52
[EPA–R04–OAR–2016–0468; FRL–9957–52–
Region 4]
Postal ServiceTM.
ACTION: Notice of approval of price
changes for mailing services.
AGENCY:
On October 17, 2016, the
Postal Service published a notice of
proposed price adjustments to reflect a
notice of price adjustments filed with
SUMMARY:
VerDate Sep<11>2014
18:22 Jan 04, 2017
Jkt 241001
Air Plan Approval; Georgia:
Procedures for Testing and Monitoring
Sources of Air Pollutants
AGENCY:
Environmental Protection
Agency.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
ACTION:
Direct final rule.
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 April
11, 2003, November 29, 2010, July 25,
2014, November 23, 2015, and
November 29, 2016. The SIP submittals
include changes to GA EPD’s air quality
rules that modify definitions. The
portions of the SIP revisions that EPA is
approving are consistent with the
requirements of the Clean Air Act (CAA
or Act).
DATES: This direct final rule is effective
March 6, 2017 without further notice,
unless EPA receives adverse comment
by February 6, 2017. 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–2016–0468 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, 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.
Lakeman can be reached by phone at
(404) 562–9043 or via electronic mail at
lakeman.sean@epa.gov.
SUMMARY:
E:\FR\FM\05JAR1.SGM
05JAR1
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
I. Background
On April 11, 2003, November 29,
2010, July 25, 2014, November 23, 2015,
and November 29, 2016, 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. The only
change that EPA is approving into the
SIP today modifies portions of Rule
391–3–1–.01—‘‘Definitions’’ with
respect to procedures for testing and
monitoring sources of air pollutants.
The change requested by Georgia is
discussed below. EPA is not taking
action on any other changes in Georgia’s
submittals provided on April 11, 2003,
November 29, 2010, July 25, 2014,
November 23, 2015, and November 29,
2016, because these changes either do
not address rule sections that are
incorporated into the SIP or are being or
have already been considered in a
separate action.
II. EPA’s Analysis of the State’s
Submission Regarding Rule 391–3–1–
.01(nnnn)—‘‘Procedures for Testing and
Monitoring Sources of Air Pollutants’’
In the November 29, 2016, 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
29, 2016, 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 November 23,
2015, submittal revised the date of the
document to reflect the then-current
version of the document, dated January
5, 2015; the July 25, 2014, submittal
revised the date of the document to
reflect the then-current version of the
document, dated February 8, 2013; the
November 29, 2010, submittal revised
the date to the then-current version,
dated March 1, 2010; and the April 11,
2003, submittal revised the date to the
then-current version, January 29, 2003.
However, the more current November
29, 2016, SIP submittal revised the date
to reflect the February 29, 2016, version
of the document, and this revision
supersedes the revisions submitted on
April 11, 2003, November 29, 2010, July
25, 2014, and November 23, 2015. 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
VerDate Sep<11>2014
18:22 Jan 04, 2017
Jkt 241001
revision to this rule in the November 23,
2015, SIP submittal became stateeffective on August 14, 2016.
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 incorporation
by reference of Georgia Rule 391–3–1–
.01(nnnn) ‘‘Procedures for Testing and
Monitoring Sources of Air Pollutants,’’
effective on August 3, 2015. Therefore,
this material has been approved by EPA
for inclusion in the SIP, has been
incorporated by reference by EPA into
that plan, is fully federally enforceable
under sections 110 and 113 of the CAA
as of the effective date of the final
rulemaking of EPA’s approval, and will
be incorporated by reference by the
Director of the Federal Register in the
next update to the SIP compilation.1
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 4 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
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 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 March 6, 2017 without further
notice unless the Agency receives
adverse comments by February 6, 2017.
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 March 6, 2017
and no further action will be taken on
the proposed rule.
1 62
PO 00000
FR 27968 (May 22, 1997).
Frm 00045
Fmt 4700
Sfmt 4700
1207
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
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,
E:\FR\FM\05JAR1.SGM
05JAR1
1208
Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
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 March 6, 2017. Filing a
petition for econsideration 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).
reference, Intergovernmental relations,
Particulate matter, Volatile organic
compounds.
Dated: December 15, 2016.
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. In § 52.570, the table in paragraph
(c) is amended by revising the entry
‘‘391–3–1–.01’’ to read as follows:
■
§ 52.570
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
391–3–1–.01 ......................
Definitions .........................
*
*
*
*
*
*
*
*
[FR Doc. 2016–31753 Filed 1–4–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0682; FRL–9956–54]
Propiconazole; Extension of Tolerance
for Emergency Exemptions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation extends a
time-limited tolerance for combined
residues of the fungicide propiconazole
and its metabolites in or on avocado at
10 parts per million (ppm) for an
additional 3-year period. This tolerance
will expire and is revoked on December
31, 2019. This action is in response to
EPA’s granting of an emergency
exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on avocado trees. In addition,
the Federal Food, Drug, and Cosmetic
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:22 Jan 04, 2017
8/14/2016
Jkt 241001
EPA approval date
1/5/2017, [insert Federal Register citation].
*
*
Act (FFDCA) requires EPA to establish
a time-limited tolerance or exemption
from the requirement for a tolerance for
pesticide chemical residues in food that
will result from the use of a pesticide
under an emergency exemption granted
by EPA under FIFRA.
DATES: This regulation is effective
January 5, 2017. Objections and requests
for hearings must be received on or
before March 6, 2017, and must be filed
in accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0682, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
PO 00000
Frm 00046
Fmt 4700
Explanation
Sfmt 4700
*
*
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Michael L. Goodis, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
E:\FR\FM\05JAR1.SGM
05JAR1
]]>Agencies
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Rules and Regulations]
[Pages 1206-1208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31753]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2016-0468; FRL-9957-52-Region 4]
Air Plan Approval; Georgia: Procedures for Testing and Monitoring
Sources of Air Pollutants
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
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 April 11, 2003, November 29, 2010, July 25, 2014, November 23,
2015, and November 29, 2016. The SIP submittals include changes to GA
EPD's air quality rules that modify definitions. The portions of the
SIP revisions that EPA is approving are consistent with the
requirements of the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective March 6, 2017 without
further notice, unless EPA receives adverse comment by February 6,
2017. 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-2016-0468 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. EPA may publish any comment
received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e. on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. Lakeman can be reached by phone at (404) 562-9043 or
via electronic mail at lakeman.sean@epa.gov.
[[Page 1207]]
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 2003, November 29, 2010, July 25, 2014, November 23,
2015, and November 29, 2016, 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. The only change that EPA is
approving into the SIP today modifies portions of Rule 391-3-1-.01--
``Definitions'' with respect to procedures for testing and monitoring
sources of air pollutants. The change requested by Georgia is discussed
below. EPA is not taking action on any other changes in Georgia's
submittals provided on April 11, 2003, November 29, 2010, July 25,
2014, November 23, 2015, and November 29, 2016, because these changes
either do not address rule sections that are incorporated into the SIP
or are being or have already been considered in a separate action.
II. EPA's Analysis of the State's Submission Regarding Rule 391-3-
1-.01(nnnn)--``Procedures for Testing and Monitoring Sources of Air
Pollutants''
In the November 29, 2016, 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 29,
2016, 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 November 23, 2015, submittal revised the date of the document to
reflect the then-current version of the document, dated January 5,
2015; the July 25, 2014, submittal revised the date of the document to
reflect the then-current version of the document, dated February 8,
2013; the November 29, 2010, submittal revised the date to the then-
current version, dated March 1, 2010; and the April 11, 2003, submittal
revised the date to the then-current version, January 29, 2003.
However, the more current November 29, 2016, SIP submittal revised the
date to reflect the February 29, 2016, version of the document, and
this revision supersedes the revisions submitted on April 11, 2003,
November 29, 2010, July 25, 2014, and November 23, 2015. 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 23, 2015, SIP
submittal became state-effective on August 14, 2016.
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 incorporation by reference of Georgia Rule
391-3-1-.01(nnnn) ``Procedures for Testing and Monitoring Sources of
Air Pollutants,'' effective on August 3, 2015. Therefore, this material
has been approved by EPA for inclusion in the SIP, has been
incorporated by reference by EPA into that plan, is fully federally
enforceable under sections 110 and 113 of the CAA as of the effective
date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\1\ EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office (please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).
---------------------------------------------------------------------------
\1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
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 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 March 6, 2017 without further notice
unless the Agency receives adverse comments by February 6, 2017.
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 March 6, 2017 and no
further action will be taken on the proposed rule.
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 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,
[[Page 1208]]
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 March 6, 2017. Filing a petition for
econsideration 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: December 15, 2016.
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. In Sec. 52.570, the table in paragraph (c) is amended by revising
the entry ``391-3-1-.01'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01..................... Definitions........ 8/14/2016 1/5/2017, [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2016-31753 Filed 1-4-17; 8:45 am]
BILLING CODE 6560-50-P
