Air Plan Approval; Georgia: Permit Exemptions and Definitions, 29418-29421 [2017-13536]
Download as PDF
<![CDATA[
29418
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
EPA APPROVED GEORGIA REGULATIONS
State
effective
date
State citation
Title/subject
391–3–1–.01 ..........................
Definitions .............................................................
8/14/2016
*
*
*
*
391–3–1–.02(4) ..................... Ambient Air Standards .........................................
*
10/14/2014
*
*
*
*
*
*
*
*
Subpart PP—South Carolina
3. Section 52.2120(c), is amended by
revising the entry under ‘‘Regulation
■
§ 52.2120
*
*
Explanation
6/29/2017, [Insert citation of publication]
*
7/31/2015, 80 FR
45609
*
No. 62.5’’ for ‘‘Standard No. 2’’ to read
as follows:
*
EPA approval date
*
*
EPA approved
changes to Rule
391–3–1–.02(4)
with state effective
date August 1,
2013 on June 29,
2017 [Insert citation
of publication]
*
(c) * * *
Identification of plan.
*
*
*
AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
State citation
State
effective
date
Title/subject
*
*
*
*
Standard No. 2 ...................... Ambient Air Quality Standards .............................
*
*
*
*
*
*
*
*
[FR Doc. 2017–13543 Filed 6–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0113; FRL–9964–06–
Region 4]
Air Plan Approval; Georgia: Permit
Exemptions and Definitions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
a State Implementation Plan (SIP)
revision submitted by the State of
Georgia, through the Georgia
Department of Natural Resources’
Environmental Protection Division (GA
EPD), on September 19, 2006, with a
clarification submitted on November 6,
2006. This direct final action approves
nlaroche on DSK30NT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:31 Jun 28, 2017
Jkt 241001
*
*
9/23/2016
Frm 00056
Fmt 4700
*
6/29/2017
*
changes to existing minor source
permitting exemptions and approves a
definition related to minor source
permitting exemptions. EPA is
approving these portions of this SIP
revision because the State has
demonstrated that they are consistent
with the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective
August 28, 2017 without further notice,
unless EPA receives adverse comment
by July 31, 2017. If EPA receives such
comment, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2007–0113 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
PO 00000
EPA approval date
Sfmt 4700
*
Federal Register
notice
*
[Insert citation of publication]
*
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.
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 via telephone at (404)
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\29JNR1.SGM
29JNR1
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
nlaroche on DSK30NT082PROD with RULES
562–9089 or via electronic mail at
akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 19, 2006, GA EPD
submitted SIP revisions to EPA for
review and approval into the Georgia
SIP. GA EPD submitted a clarification
on November 6, 2006, which fixed
typographical errors in the original
submission. The submission contains
changes to a number of Georgia’s air
quality rules at Rule 391–3–1. EPA is
approving the portions of the SIP
revisions that modify Rule 391–3–1–
.01—‘‘Definitions,’’ and Rule 391–3–1–
.03(6)—‘‘Exemptions.’’ The changes
requested by Georgia in the SIP revision
are discussed below in Section II.
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(2)(ppp)—‘‘Commercial and
Industrial Solid Waste Incinerators’’;
Rule 391–3–1–.02(8)—‘‘New Source
Performance Standards’’; Rule 391–3–1–
.02(9)—‘‘Emission Standards for
Hazardous Air Pollutants’’; Rule 391–3–
1–.03(9)—‘‘Permit Fees’’; and Rule 391–
3–1–.03(10)—‘‘Title V Operating
Permits. EPA is not acting on changes to
Rule 391–3–1–.02(2)(ooo)—‘‘Heavy
Duty Diesel Engine Requirements,’’
included in the September 19, 2006,
submittal because the changes were
withdrawn from EPA consideration by
the State in a letter dated January 25,
2016. EPA is not acting on changes to
Rule 391–3–1–.02(6)—‘‘Specific
Monitoring and Reporting Requirements
for Particular Sources—Emission
Statements,’’ at paragraph (a)(4) because
a subsequent revision to the rules,
submitted on March 5, 2007, was
approved on November 27, 2009, and
supersedes the September 19, 2006,
submittal. See 74 FR 62249.
Accordingly, GA EPD withdrew this
superseded revision to Rule 391–3–1–
.02(6) from EPA consideration in a letter
dated December 1, 2016.
EPA has previously approved the
majority of revisions to Georgia rules
originally included in the September 19,
2006, submittal. The following revisions
were previously approved on February
9, 2010 (75 FR 6309), as corrected on
August 26, 2010 (75 FR 52470): Rule
391–3–1–.01—‘‘Definitions’’ at
paragraph (llll), ‘‘Volatile Organic
Compound (VOC)’’ and at paragraph
(nnnn), ‘‘Procedures for Testing and
Monitoring Sources of Air Pollutants’’;
Rule 391–3–1–.02(2)(d)—‘‘Fuel Burning
Equipment’’; Rule 391–3–1–.02(2)(tt)—
‘‘VOC Emissions From Major Sources’’;
Rule 391–3–1–.02(2)(yy)—‘‘Emissions of
VerDate Sep<11>2014
15:31 Jun 28, 2017
Jkt 241001
Nitrogen Oxides [NOX] From Major
Sources’’; Rule 391–3–1–.02(2)(rrr)—
‘‘NOX Emissions from Small FuelBurning Equipment’’; Rule 391–3–1–
.02(4)—‘‘Ambient Air Standards’’; Rule
391–3–1–.02(5)—‘‘Open Burning’’; Rule
391–3–1–.03(6)—‘‘Exemptions’’ at
paragraph (b), ‘‘Combustion Equipment’’
and paragraph (j), ’’ Construction Permit
Exemption for Pollution Control
Projects’’; Rule 391–3–1–.03(11)—
‘‘Permit by Rule’’; and the repeal of Rule
391–3–1–.05—‘‘Regulatory
Exemptions.’’ The revisions to Rule
391–3–1–.02(2)(zz)—‘‘Gasoline
Dispensing Facilities—Stage II,’’ were
approved on December 1, 2010. See 75
FR 74624. The revisions to Rule 391–3–
1–.02(2)(mmm)—‘‘NOX Emissions from
Stationary Gas Turbines and Stationary
Engines used to Generate Electricity,’’
were approved on August 1, 2015. See
80 FR 52627. EPA previously approved
the revisions submitted to Rule 391–3–
1–.03(6)—‘‘Exemptions’’ at paragraph
(i), ‘‘Other [sources]’’ on April 9, 2013.
See 78 FR 21065. EPA also previously
approved the revisions submitted to
Rule 391–3–1–.03(6)—‘‘Exemptions’’ at
paragraph (j), ‘‘Construction Permit
Exemption for Pollution Control
Projects’’ on February 9, 2010. See 75
FR 6309. Finally, the change submitted
to Rule 391–3–1–.03(6)—‘‘Exemptions,’’
at paragraph (g), subparagraph 5, which
revised applicability for an exemption
for fuel burning operations at municipal
solid waste landfills for NOX, was
previously approved, as submitted on
March 15, 2005, and therefore, is not
before the EPA for consideration in this
action. See 70 FR 24310 (May 9, 2005).
II. Analysis of Georgia’s Submittal
A. Rule 391–3–1–.01—‘‘Definitions’’
Georgia seeks to add a definition of
‘‘pollution control projects’’ to its SIP at
Rule 391–3–1–.01(qqqq). This definition
lists certain projects, described as
‘‘environmentally beneficial,’’ that are
exempted from the minor new source
review (NSR) construction permit
requirements under Rule 391–3–1–
.03(6)(j). The exemption does not apply
to sources subject to major NSR
requirements under either Rule 391–3–
1–.02(7) (‘‘Prevention of Significant
Deterioration [PSD] of Air Quality’’), or
Rule 391–3–1–.03(8) ‘‘Permit
Requirements’’ under paragraph (c),
(Georgia’s nonattainment new source
review (NNSR)). The exemption for
pollution control projects applies to
minor sources only, limiting any
emissions increases from the exempted
projects to below the major source
thresholds for all pollutants.
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
29419
EPA previously approved the
exemption for pollution control projects
for minor sources at Rule 391–3–1–
.03(6)(j) on February 9, 2010. See 75 FR
6309. In this action, EPA is approving
a definition of ‘‘pollution control
projects’’ at Rule 391–3–1–.01(qqqq).
Because this definition only applies to
minor sources, it is not impacted by the
United States Court of Appeals for the
District of Columbia Circuit decision in
New York v. EPA, 413 F.3d 3 (D.C. Cir.),
in which the D.C. Circuit vacated an
exemption for pollution control projects
from the federal NSR regulations for
major sources. Georgia’s major NSR
rules are consistent with federal rules
and the D.C. Circuit decision on
pollution control projects for major
NSR.
Section 110(l) of the CAA prevents
EPA from approving a SIP revision that
would interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of the Act. EPA has
determined that the change to Rule 391–
3–1–.01(qqqq) will not interfere with
any applicable requirement concerning
attainment or any other applicable
requirement of the CAA because the
change clarifies a previously approved
exemption from the construction permit
requirements.
B. Rule 391–3–1–.03(6)—‘‘Exemptions’’
Georgia is revising existing
exemptions from minor NSR permitting
by adding language to clarify that these
exemptions do not extend to sources
that are subject to new source
performance standards for stationary
sources (NSPS) or national emission
standards for hazardous air pollutants
(NESHAPs). Georgia’s SIP at Rule 391–
3–1–.03(6) currently provides
exemptions from permitting
requirements, so long as the exemption
is not used to avoid any other
‘‘applicable requirement,’’ such as NSPS
or NESHAPS. Rule 391–3–1.03(6)(g)1.
currently exempts sanitary wastewater
collection systems other than
incineration equipment from obtaining
minor source construction permits; Rule
391–3–1–.03(6)(g)2. exempts on site soil
or groundwater decontamination units
from obtaining these permits. The
September 19, 2006, SIP revision
changes these provisions to reiterate the
condition that only systems and units in
(g)1. and (g)2. that ‘‘are not subject to
any standard, limitation or other
requirement under section 111 or
section 112 (excluding section 112(r))’’
of the CAA—corresponding to NSPS
and NESHAPs, respectively—are
E:\FR\FM\29JNR1.SGM
29JNR1
29420
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
exempted. These changes became state
effective on July 13, 2006.
EPA has determined that these
changes will not interfere with any
applicable requirement concerning
attainment or any other applicable
requirement of the CAA and therefore
satisfy section 110(l) of the CAA,
because no substantive changes are
made to the existing exemptions, and
the clarifying amendments provide
greater certainty to sources and the
public about applicability of the Rule.
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 Rule 391–3–1–.01(qqqq),
‘‘Definitions,’’ effective August 14,
2016,1 and Rule 391–3–1–.03(6)(g)
‘‘Permits,’’ effective August 9, 2012.2
Therefore, these materials have been
approved by EPA for inclusion in the
State implementation plan, have been
incorporated by reference by EPA into
that plan, are 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.3
EPA has made, and will continue to
make, these materials generally
available through https://
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).
nlaroche on DSK30NT082PROD with RULES
IV. Final Action
EPA is approving the aforementioned
changes to the Georgia SIP at Rules 391–
3–1–.01(qqqq) and 391–3–1–.03(6)(g)
because they 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
1 The effective date of the change to Rule 391–3–
1–.01 made in Georgia’s September 19, 2006, SIP
revision is July 13, 2006. However, for purposes of
the state effective date included at 40 CFR
52.570(c), that change to Georgia’s rule is captured
and superseded by Georgia’s update in a November
29, 2016, SIP revision, state effective on August 14,
2016, which EPA previously approved on January
5, 2017. See 82 FR 1207 (January 5, 2017).
2 The effective date of the change to Rule 391–3–
1–.03 made in Georgia’s September 19, 2006, SIP
revision is July 13, 2006. However, for purposes of
the state effective date included at 40 CFR
52.570(c), that change to Georgia’s rule is captured
and superseded by Georgia’s update in a July 26,
2012, SIP revision, which EPA previously approved
on April 9, 2013. See 78 FR 21065.
3 See 62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014
15:31 Jun 28, 2017
Jkt 241001
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective August 28, 2017
without further notice unless the
Agency receives adverse comments by
July 31, 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 August 28, 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
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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 August 28, 2017. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
E:\FR\FM\29JNR1.SGM
29JNR1
29421
Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
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).
Authority: 42 U.S.C. 7401 et seq.
Particulate matter, Sulfur oxides,
Volatile organic compounds.
Subpart L—Georgia
Dated: June 14, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
2. Amend § 52.570(c) by revising the
entries for ‘‘391–3–1–.01’’ and ‘‘391–3–
1–.03’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
■
EPA APPROVED GEORGIA REGULATIONS
State
effective date
State citation
Title/subject
391–3–1–.01 ................................
Definitions ....................................
*
*
*
391–3–1–.03 ................................
*
*
*
*
*
*
[FR Doc. 2017–13536 Filed 6–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0615; FRL–9963–41–
Region 6]
Approval and Promulgation of
Implementation Plans; New Mexico;
Albuquerque/Bernalillo County; New
Source Review (NSR) Preconstruction
Permitting Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving portions of revisions to the
applicable New Source Review (NSR)
State Implementation Plan (SIP) for the
City of Albuquerque-Bernalillo County.
The EPA is approving the following:
The establishment of a new Minor NSR
general construction permitting
program; changes to the Minor NSR
Public Participation requirements; and
the addition of exemptions from Minor
NSR permitting for inconsequential
emission sources and activities.
Additionally, the EPA is conditionally
nlaroche on DSK30NT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:31 Jun 28, 2017
*
Permits .........................................
*
*
8/14/2016
Jkt 241001
EPA approval date
6/29/2017, [Insert Federal
Register citation].
*
8/9/2012
*
*
I. Background
The background for this action is
discussed in detail in our March 10,
2017 proposal (82 FR 13270). In that
document, we proposed to approve the
revisions to the City of Albuquerque-
Frm 00059
Fmt 4700
*
Sfmt 4700
*
6/29/2017, [Insert Federal
Register citation].
approving the provisions establishing
accelerated review and technical permit
revisions.
DATES: This rule is effective on July 31,
2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0615. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Aimee Wilson, 214–665–7596,
wilson.aimee@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
PO 00000
Explanation
*
*
Bernalillo County Minor NSR
permitting program submitted on July
26, 2013, as supplemented on April 21,
2016; July 5, 2016; September 19, 2016;
and December 20, 2016, that update the
regulations to be consistent with federal
requirements for Minor NSR permitting,
remove a provision that refers to
obsolete ambient air standards that are
unique to the Albuquerque/Bernalillo
County Air Quality Control Board, and
remove the reference to the State of New
Mexico non-methane hydrocarbon
standard in 20.11.44 NMAC. We also
proposed to conditionally approve
severable provisions submitted on July
26, 2013, as supplemented on April 21,
2016; July 5, 2016; September 19, 2016;
and December 20, 2016, which
establish, and pertain to, the accelerated
permitting procedures, conflict of
interest, and technical permit revisions.
II. Final Action
We are approving revisions to the City
of Albuquerque-Bernalillo County
Minor NSR permitting program
submitted on July 26, 2013, as
supplemented on April 21, 2016; July 5,
2016; September 19, 2016; and
December 20, 2016. The revisions were
adopted and submitted in accordance
with the requirements of the CAA and
the EPA’s regulations regarding SIP
development at 40 CFR part 51.
Additionally, we have determined that
the submitted revisions to the City of
Albuquerque-Bernalillo County Minor
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29418-29421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13536]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0113; FRL-9964-06-Region 4]
Air Plan Approval; Georgia: Permit Exemptions and Definitions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
portions of a State Implementation Plan (SIP) revision submitted by the
State of Georgia, through the Georgia Department of Natural Resources'
Environmental Protection Division (GA EPD), on September 19, 2006, with
a clarification submitted on November 6, 2006. This direct final action
approves changes to existing minor source permitting exemptions and
approves a definition related to minor source permitting exemptions.
EPA is approving these portions of this SIP revision because the State
has demonstrated that they are consistent with the Clean Air Act (CAA
or Act).
DATES: This direct final rule is effective August 28, 2017 without
further notice, unless EPA receives adverse comment by July 31, 2017.
If EPA receives such comment, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0113 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: 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 via telephone at (404)
[[Page 29419]]
562-9089 or via electronic mail at akers.brad@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On September 19, 2006, GA EPD submitted SIP revisions to EPA for
review and approval into the Georgia SIP. GA EPD submitted a
clarification on November 6, 2006, which fixed typographical errors in
the original submission. The submission contains changes to a number of
Georgia's air quality rules at Rule 391-3-1. EPA is approving the
portions of the SIP revisions that modify Rule 391-3-1-.01--
``Definitions,'' and Rule 391-3-1-.03(6)--``Exemptions.'' The changes
requested by Georgia in the SIP revision are discussed below in Section
II.
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(2)(ppp)--``Commercial and Industrial Solid
Waste Incinerators''; Rule 391-3-1-.02(8)--``New Source Performance
Standards''; Rule 391-3-1-.02(9)--``Emission Standards for Hazardous
Air Pollutants''; Rule 391-3-1-.03(9)--``Permit Fees''; and Rule 391-3-
1-.03(10)--``Title V Operating Permits. EPA is not acting on changes to
Rule 391-3-1-.02(2)(ooo)--``Heavy Duty Diesel Engine Requirements,''
included in the September 19, 2006, submittal because the changes were
withdrawn from EPA consideration by the State in a letter dated January
25, 2016. EPA is not acting on changes to Rule 391-3-1-.02(6)--
``Specific Monitoring and Reporting Requirements for Particular
Sources--Emission Statements,'' at paragraph (a)(4) because a
subsequent revision to the rules, submitted on March 5, 2007, was
approved on November 27, 2009, and supersedes the September 19, 2006,
submittal. See 74 FR 62249. Accordingly, GA EPD withdrew this
superseded revision to Rule 391-3-1-.02(6) from EPA consideration in a
letter dated December 1, 2016.
EPA has previously approved the majority of revisions to Georgia
rules originally included in the September 19, 2006, submittal. The
following revisions were previously approved on February 9, 2010 (75 FR
6309), as corrected on August 26, 2010 (75 FR 52470): Rule 391-3-
1-.01--``Definitions'' at paragraph (llll), ``Volatile Organic Compound
(VOC)'' and at paragraph (nnnn), ``Procedures for Testing and
Monitoring Sources of Air Pollutants''; Rule 391-3-1-.02(2)(d)--``Fuel
Burning Equipment''; Rule 391-3-1-.02(2)(tt)--``VOC Emissions From
Major Sources''; Rule 391-3-1-.02(2)(yy)--``Emissions of Nitrogen
Oxides [NOX] From Major Sources''; Rule 391-3-
1-.02(2)(rrr)--``NOX Emissions from Small Fuel-Burning
Equipment''; Rule 391-3-1-.02(4)--``Ambient Air Standards''; Rule 391-
3-1-.02(5)--``Open Burning''; Rule 391-3-1-.03(6)--``Exemptions'' at
paragraph (b), ``Combustion Equipment'' and paragraph (j), ''
Construction Permit Exemption for Pollution Control Projects''; Rule
391-3-1-.03(11)--``Permit by Rule''; and the repeal of Rule 391-3-
1-.05--``Regulatory Exemptions.'' The revisions to Rule 391-3-
1-.02(2)(zz)--``Gasoline Dispensing Facilities--Stage II,'' were
approved on December 1, 2010. See 75 FR 74624. The revisions to Rule
391-3-1-.02(2)(mmm)--``NOX Emissions from Stationary Gas
Turbines and Stationary Engines used to Generate Electricity,'' were
approved on August 1, 2015. See 80 FR 52627. EPA previously approved
the revisions submitted to Rule 391-3-1-.03(6)--``Exemptions'' at
paragraph (i), ``Other [sources]'' on April 9, 2013. See 78 FR 21065.
EPA also previously approved the revisions submitted to Rule 391-3-
1-.03(6)--``Exemptions'' at paragraph (j), ``Construction Permit
Exemption for Pollution Control Projects'' on February 9, 2010. See 75
FR 6309. Finally, the change submitted to Rule 391-3-1-.03(6)--
``Exemptions,'' at paragraph (g), subparagraph 5, which revised
applicability for an exemption for fuel burning operations at municipal
solid waste landfills for NOX, was previously approved, as
submitted on March 15, 2005, and therefore, is not before the EPA for
consideration in this action. See 70 FR 24310 (May 9, 2005).
II. Analysis of Georgia's Submittal
A. Rule 391-3-1-.01--``Definitions''
Georgia seeks to add a definition of ``pollution control projects''
to its SIP at Rule 391-3-1-.01(qqqq). This definition lists certain
projects, described as ``environmentally beneficial,'' that are
exempted from the minor new source review (NSR) construction permit
requirements under Rule 391-3-1-.03(6)(j). The exemption does not apply
to sources subject to major NSR requirements under either Rule 391-3-
1-.02(7) (``Prevention of Significant Deterioration [PSD] of Air
Quality''), or Rule 391-3-1-.03(8) ``Permit Requirements'' under
paragraph (c), (Georgia's nonattainment new source review (NNSR)). The
exemption for pollution control projects applies to minor sources only,
limiting any emissions increases from the exempted projects to below
the major source thresholds for all pollutants.
EPA previously approved the exemption for pollution control
projects for minor sources at Rule 391-3-1-.03(6)(j) on February 9,
2010. See 75 FR 6309. In this action, EPA is approving a definition of
``pollution control projects'' at Rule 391-3-1-.01(qqqq). Because this
definition only applies to minor sources, it is not impacted by the
United States Court of Appeals for the District of Columbia Circuit
decision in New York v. EPA, 413 F.3d 3 (D.C. Cir.), in which the D.C.
Circuit vacated an exemption for pollution control projects from the
federal NSR regulations for major sources. Georgia's major NSR rules
are consistent with federal rules and the D.C. Circuit decision on
pollution control projects for major NSR.
Section 110(l) of the CAA prevents EPA from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act. EPA has
determined that the change to Rule 391-3-1-.01(qqqq) will not interfere
with any applicable requirement concerning attainment or any other
applicable requirement of the CAA because the change clarifies a
previously approved exemption from the construction permit
requirements.
B. Rule 391-3-1-.03(6)--``Exemptions''
Georgia is revising existing exemptions from minor NSR permitting
by adding language to clarify that these exemptions do not extend to
sources that are subject to new source performance standards for
stationary sources (NSPS) or national emission standards for hazardous
air pollutants (NESHAPs). Georgia's SIP at Rule 391-3-1-.03(6)
currently provides exemptions from permitting requirements, so long as
the exemption is not used to avoid any other ``applicable
requirement,'' such as NSPS or NESHAPS. Rule 391-3-1.03(6)(g)1.
currently exempts sanitary wastewater collection systems other than
incineration equipment from obtaining minor source construction
permits; Rule 391-3-1-.03(6)(g)2. exempts on site soil or groundwater
decontamination units from obtaining these permits. The September 19,
2006, SIP revision changes these provisions to reiterate the condition
that only systems and units in (g)1. and (g)2. that ``are not subject
to any standard, limitation or other requirement under section 111 or
section 112 (excluding section 112(r))'' of the CAA--corresponding to
NSPS and NESHAPs, respectively--are
[[Page 29420]]
exempted. These changes became state effective on July 13, 2006.
EPA has determined that these changes will not interfere with any
applicable requirement concerning attainment or any other applicable
requirement of the CAA and therefore satisfy section 110(l) of the CAA,
because no substantive changes are made to the existing exemptions, and
the clarifying amendments provide greater certainty to sources and the
public about applicability of the Rule.
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 Rule 391-3-
1-.01(qqqq), ``Definitions,'' effective August 14, 2016,\1\ and Rule
391-3-1-.03(6)(g) ``Permits,'' effective August 9, 2012.\2\ Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are 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.\3\ EPA has
made, and will continue to make, these materials generally available
through https://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\ The effective date of the change to Rule 391-3-1-.01 made in
Georgia's September 19, 2006, SIP revision is July 13, 2006.
However, for purposes of the state effective date included at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a November 29, 2016, SIP revision, state
effective on August 14, 2016, which EPA previously approved on
January 5, 2017. See 82 FR 1207 (January 5, 2017).
\2\ The effective date of the change to Rule 391-3-1-.03 made in
Georgia's September 19, 2006, SIP revision is July 13, 2006.
However, for purposes of the state effective date included at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a July 26, 2012, SIP revision, which EPA
previously approved on April 9, 2013. See 78 FR 21065.
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving the aforementioned changes to the Georgia SIP at
Rules 391-3-1-.01(qqqq) and 391-3-1-.03(6)(g) because they 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
August 28, 2017 without further notice unless the Agency receives
adverse comments by July 31, 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 August 28, 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, 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 August 28, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of this Federal Register, rather than file an immediate
petition for judicial
[[Page 29421]]
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, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,
Volatile organic compounds.
Dated: June 14, 2017.
V. Anne Heard,
Acting 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. Amend Sec. 52.570(c) by revising the entries for ``391-3-1-.01''
and ``391-3-1-.03'' 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.......... 8/14/2016 6/29/2017, [Insert Federal Register
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.03....................... Permits.............. 8/9/2012 6/29/2017, [Insert Federal Register
citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-13536 Filed 6-28-17; 8:45 am]
BILLING CODE 6560-50-P
