Air Plan Approval; Georgia; Miscellaneous Revisions, 35106-35109 [2017-15737]
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Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations
EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Maryland Administrative Regulations
(COMAR) citation
State effective
date
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0021; FRL–9965–25–
Region 4]
Air Plan Approval; Georgia;
Miscellaneous Revisions
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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,
through the Georgia Department of
Natural Resources’ Environmental
Protection Division (GA EPD), on
November 29, 2010, and July 25, 2014.
These changes correct a numbering
error, clarify rule applicability and
remove obsolete tables and references in
multiple rules. EPA is approving
portions of these SIP revisions because
the State has demonstrated that they are
consistent with the Clean Air Act (CAA
or Act).
DATES: This direct final rule is effective
September 26, 2017 without further
notice, unless EPA receives adverse
comment by August 28, 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–2017–0021 at https://
www.regulations.gov. Follow the online
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I. Background
On November 29, 2010, and July 25,
2014, GA EPD submitted revisions to
EPA for review and approval into the
Georgia SIP that contain changes to a
number of Georgia’s air quality rules in
Rule 391-3-1. The changes that EPA is
approving into the SIP modify Rule 391-
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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:
Richard Wong, 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. The
telephone number is (404) 562–8726.
Mr. Wong can also be reached via
electronic mail at wong.richard@
epa.gov.
SUPPLEMENTARY INFORMATION:
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Control of Iron and Steel Production Installations
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Control of Volatile Organic Compounds from Iron and Steel Production Installations.
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Additional explanation/citation at
40 CFR 52.1100
EPA approval date
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3-1–.01, ‘‘Definitions,’’ and Rule 391-31–.02, ‘‘Provisions.’’ The changes
requested by Georgia in these proposed
SIP revisions are discussed below.
The November 29, 2010, submittal
includes a change to Rule 391-3-1–
.01(nnnn), ‘‘Procedures for Testing and
Monitoring Sources of Air Pollutants.’’
EPA approved this change on January 5,
2017 (82 FR 1206). EPA is not acting on
changes to Rule 391-3-1–.02(2)(sss),
‘‘Multipollutant Control for Electric
Utility Steam Generating Units’’ and
Rule 391-3-1–.14—‘‘General
Conformity’’ included in the November
29, 2010, submittal because the rules are
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 1, 2016.1
The July 25, 2014, submittal includes
several changes that are not part of this
action. Rule 391-3-1–.01(llll), ‘‘Volatile
organic compound,’’ was approved on
October 5, 2016, (81 FR 68936) and Rule
391-3-1–.01(nnnn), ‘‘Procedures for
Testing and Monitoring Sources of Air
Pollutants,’’ was approved on January 5,
2017, (82 FR 1206). With respect to GA
EPD’s submission related to Rule 391-31–.02(4), ‘‘Ambient Air Standards,’’ and
Rule 391-3-1–.03(8), ‘‘Permit
Requirements,’’ EPA will act on these
changes in a separate action.
II. Analysis of State’s Submittal
A. November 29, 2010 Submittal
Georgia’s November 29, 2010,
submittal makes only one
administrative edit to Rule 391-3-1–
.02(2)(ss), ‘‘Gasoline Transport Vehicles
and Vapor Collection Systems.’’
Specifically, the submittal fixes a
numbering error at Rule 391-31 The December 1, 2016 letter is included in the
docket for this action.
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1.02(2)(ss)(5) by revising the citation for
a provision defining the term ‘‘Vapor
Control System’’ from ‘‘iv’’ to ‘‘vi.’’ EPA
is approving this administrative change
to Rule 391-3-1–.02(2)(ss) into the SIP.
This change became state effective on
October 6, 2010.
B. July 25, 2014 Submittal
Georgia’s July 25, 2014, submission
makes multiple changes to Rule 391-31–.02.
GA EPD revises two sections in Rule
391-3-1–.02(2)(a), ‘‘General Provisions.’’
The first change adds a subparagraph at
Rule 391-3-1–.02(2)(a)6.(i)(VI), which
clarifies applicability requirements for
certain volatile organic compound
(VOC) emission standards. This change
clarifies that, when calculating
emissions for purposes of an
applicability determination for each
standard, the source should only
include emissions from units belonging
to the source category to which the
standard would apply.
The second change removes a
paragraph at Rule 391-3-1.02(2)(a)9.,
titled Kraft Pulp Mill Total Reduced
Sulfur (TRS) Compliance Schedules.
Kraft Pulp Mill sources were required to
comply with the TRS Compliance
Schedule no later than 43 months after
the September 1, 1988, notification date.
New sources after April 1, 1992, have to
be in compliance upon start-up. The
July 25, 2014, SIP submittal deletes
paragraph 9 because sources have met
the TRS compliance schedule, so the
provision is obsolete. Additionally,
Georgia makes an administrative change
to Rule 391-3-1–.02 (2)(gg), ‘‘Kraft Pulp
Mills,’’ by removing reference to the
approval of the TRS Compliance
Schedule in subparagraph 2(i)(V).
Rule 391-3-1–.02(2)(e), ‘‘Particulate
Emission from Manufacturing
Processes,’’ establishes allowable
particulate matter emission limits for
sources that are not subject to another
rule or permit condition. The rule
currently provides equations to
calculate allowable emission rates based
on process input weight rate for new
and existing equipment. In addition,
two tables, Ia and Ib, also provide the
allowable emissions rates. Georgia is
removing these two tables since the
equations in the rule serve the same
purpose, and as such this change is
administrative in nature.
Rule 391-3-1–.02(2)(l), ‘‘Conical
Burners.’’ This rule was first
incorporated in the SIP to address the
use of conical burners for wood waste
burning. These burners gradually went
out of service and are no longer in
operation in Georgia. The July 25, 2014,
SIP submittal removes the regulation for
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conical burners as it is no longer
applicable and is obsolete. Moreover, if
a source were to begin operating in
Georgia in the future, it would be
subject to new source review, as well as
the new source performance standards
and emission guidelines for commercial
and industrial solid waste incineration
units in 40 Code of Federal Regulations
(CFR) Part 60 Subparts CCCC and
DDDD, thus ensuring that the source
would not interfere with any applicable
requirement under the CAA.
Rule 391-3-1–.02(2)(o), ‘‘Cupola
Furnaces for Metallurgical Melting.’’
This rule was first incorporated in the
SIP to address particulate emissions
from foundries. These sources are no
longer operating in Georgia. This change
removes the regulation for cupola
furnaces for metallurgical melting as it
is no longer applicable and is obsolete.
Moreover, if a source were to begin
operating in the future, it would be
subject to new source review, as well as
40 CFR part 63 Subpart EEEEE or
ZZZZZ, thus ensuring that the source
would not interfere with any applicable
requirement under the CAA.
Rule 391-3-1–.02(2)(p), ‘‘Particulate
Emissions from Kaolin and Fuller’s
Earth Processes.’’ This rule was first
incorporated in the SIP to establish
allowable particulate emission limits
from clay processing operations. The
rule currently provides equations to
calculate allowable emission rates based
on process input weight rate for new
and existing equipment. In addition,
two tables, IIa and IIb, also provide the
allowable emissions rates. Georgia is
removing these two tables since the
equations in the rule serve the same
purpose, and as such this change is
administrative in nature.
Rule 391-3-1–.02(2)(q), ‘‘Particulate
Emissions from Cotton Gins.’’ This rule
was first incorporated in the SIP to
address particulate emissions from
cotton ginning operations. The rule
currently provides an equation to
calculate allowable emission rates based
on number of standard bales per hour.
In addition, table IIIa also provides the
allowable emissions rates. Georgia is
removing this table since the equation
in the rule serves the same purpose, and
as such this change is administrative in
nature.
Rule 391-3-1–.02(6)(a), ‘‘Specific
Monitoring and Reporting Requirements
for Particular Sources.’’ This rule was
first incorporated in the SIP on
September 18, 1979 (44 FR 54047), to
address sources subject to any of the
Standards of Performance for New
Stationary Sources of or pursuant to 42
U.S.C. 7411, as amended, or National
Emission Standards for Hazardous Air
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Pollutants of or pursuant to 42 U.S.C.
7412. Sources subject to the rule were
required to install monitoring
equipment and begin monitoring within
18 months of the 1979 rulemaking. After
the implementation period, new sources
must be in compliance with monitoring
requirements upon startup. Georgia is
removing subparagraph 391-3-1–
.02(6)(a)(2)(x), as the implementation
period has passed and is now obsolete.
EPA is approving the aforementioned
changes from the July 25, 2014,
submittal into the SIP because the rules
are consistent with CAA section 110.
These changes became state effective on
August 1, 2013.
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–
.02(2)(ss), ‘‘Gasoline Transport Vehicles
and Vapor Collection Systems,’’
effective October 6, 2010, and Rule 3913-1–.02(2)(a), ‘‘General Provisions,’’
Rule 391-3-1–.02(2)(e), ‘‘Particulate
Emission from Cotton Gins,’’ Rule 3913-1–.02(2)(p), ‘‘Particulate Emissions
from Kaolin and Fuller’s Earth
Processes,’’ Rule 391-3-1–.02(2)(q),
‘‘Particulate Emissions from Cotton
Gins,’’ Rule 391-3-1–.02 (2)(gg), ‘‘Kraft
Pulp Mills, ’’ and Rule 391-3-1–.02(6)
’’Specific Monitoring,’’ effective August
1, 2013. Therefore, these materials have
been approved by EPA for inclusion in
the SIP, 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.2
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 approving the aforementioned
changes to the SIP because they are
consistent with the CFR and 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
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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 September 26,
2017 without further notice unless the
Agency receives adverse comments by
August 28, 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 September 26,
2017 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, these actions
merely approve state law as meeting
federal requirements and do not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are not significant regulatory
actions 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);
• do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• are 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.);
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• do 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);
• do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• are not economically significant
regulatory actions based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• are not significant regulatory
actions subject to Executive Order
13211 (66 FR 28355, May 22, 2001);
• are 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
• do 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
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Court of Appeals for the appropriate
circuit by September 26, 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 today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: July 12, 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]
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:
(A) Removing the entries for ‘‘391-31–.02(2)(l),’’ and ‘‘391-3-1–.02(2)(o).’’
■ (B) Revising the entries for ‘‘391-3-1–
.02(2)(a),’’ ‘‘391-3-1–.02(2)(e),’’ ‘‘391-31–.02(2)(p),’’ ‘‘391-3-1–.02(2)(q),’’ ‘‘3913-1–.02(2)(gg),’’ ‘‘391-3-1–.02(2)(ss),’’
and ‘‘391-3-1–.02(6)’’ to read as follows:
■
■
§ 52.570
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EPA APPROVED GEORGIA REGULATIONS
State
effective date
State citation
Title/subject
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391-3-1–.02(2)(a) ............
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General Provisions ...................
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391-3-1–.02(2)(e) ............
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391-3-1–.02(2)(p) ............
391-3-1–.02(2)(q) ............
EPA approval date
Explanation
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8/1/2013
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7/28/2017, [Insert citation of
publication].
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Except for paragraph 391–3–1–
.02(2)(a)1 (as approved on 3/
16/06).
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Particulate Emission from Manufacturing Processes.
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8/1/2013
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7/28/2017, [Insert citation of
publication].
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Particulate Emissions from Kaolin and Fuller’s.
Earth Processes .......................
Particulate Emissions from Cotton Gins.
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8/1/2013
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7/28/2017, [Insert citation of
publication].
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8/1/2013
7/28/2017, [Insert citation of
publication].
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391-3-1–.02(2)(gg) ..........
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Kraft Pulp Mills .........................
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8/1/2013
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7/28/2017, [Insert citation of
publication].
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391-3-1–.02(2)(ss) ..........
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Gasoline Transport Systems
and Vapor Collection Systems.
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10/6/2010
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7/28/2017, [Insert citation of
publication].
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391-3-1–.02(6) ................
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Source Monitoring ....................
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8/1/2013
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7/28/2017, [Insert citation of
publication].
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2016–0064; FRL–9962–96]
Fenamidone; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes
tolerances for residues of fenamidone in
or on multiple commodities which are
identified and discussed later in this
document. Interregional Research
Project Number 4 (IR–4) requested these
tolerances under the Federal Food,
Drug, and Cosmetic Act (FFDCA).
DATES: This regulation is effective July
28, 2017. Objections and requests for
hearings must be received on or before
September 26, 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).
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SUMMARY:
17:01 Jul 27, 2017
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The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2016–0064, 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
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
ADDRESSES:
[FR Doc. 2017–15737 Filed 7–27–17; 8:45 am]
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FOR FURTHER INFORMATION CONTACT:
Michael 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:
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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).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
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]]>Agencies
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35106-35109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15737]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0021; FRL-9965-25-Region 4]
Air Plan Approval; Georgia; Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
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 November 29, 2010, and July 25, 2014. These changes correct a
numbering error, clarify rule applicability and remove obsolete tables
and references in multiple rules. EPA is approving portions of these
SIP revisions because the State has demonstrated that they are
consistent with the Clean Air Act (CAA or Act).
DATES: This direct final rule is effective September 26, 2017 without
further notice, unless EPA receives adverse comment by August 28, 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-2017-0021 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: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can also
be reached via electronic mail at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On November 29, 2010, and July 25, 2014, GA EPD submitted revisions
to EPA for review and approval into the Georgia SIP that contain
changes to a number of Georgia's air quality rules in Rule 391-3-1. The
changes that EPA is approving into the SIP modify Rule 391-3-1-.01,
``Definitions,'' and Rule 391-3-1-.02, ``Provisions.'' The changes
requested by Georgia in these proposed SIP revisions are discussed
below.
The November 29, 2010, submittal includes a change to Rule 391-3-
1-.01(nnnn), ``Procedures for Testing and Monitoring Sources of Air
Pollutants.'' EPA approved this change on January 5, 2017 (82 FR 1206).
EPA is not acting on changes to Rule 391-3-1-.02(2)(sss),
``Multipollutant Control for Electric Utility Steam Generating Units''
and Rule 391-3-1-.14--``General Conformity'' included in the November
29, 2010, submittal because the rules are 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 1, 2016.\1\
---------------------------------------------------------------------------
\1\ The December 1, 2016 letter is included in the docket for
this action.
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The July 25, 2014, submittal includes several changes that are not
part of this action. Rule 391-3-1-.01(llll), ``Volatile organic
compound,'' was approved on October 5, 2016, (81 FR 68936) and Rule
391-3-1-.01(nnnn), ``Procedures for Testing and Monitoring Sources of
Air Pollutants,'' was approved on January 5, 2017, (82 FR 1206). With
respect to GA EPD's submission related to Rule 391-3-1-.02(4),
``Ambient Air Standards,'' and Rule 391-3-1-.03(8), ``Permit
Requirements,'' EPA will act on these changes in a separate action.
II. Analysis of State's Submittal
A. November 29, 2010 Submittal
Georgia's November 29, 2010, submittal makes only one
administrative edit to Rule 391-3-1-.02(2)(ss), ``Gasoline Transport
Vehicles and Vapor Collection Systems.'' Specifically, the submittal
fixes a numbering error at Rule 391-3-
[[Page 35107]]
1.02(2)(ss)(5) by revising the citation for a provision defining the
term ``Vapor Control System'' from ``iv'' to ``vi.'' EPA is approving
this administrative change to Rule 391-3-1-.02(2)(ss) into the SIP.
This change became state effective on October 6, 2010.
B. July 25, 2014 Submittal
Georgia's July 25, 2014, submission makes multiple changes to Rule
391-3-1-.02.
GA EPD revises two sections in Rule 391-3-1-.02(2)(a), ``General
Provisions.'' The first change adds a subparagraph at Rule 391-3-
1-.02(2)(a)6.(i)(VI), which clarifies applicability requirements for
certain volatile organic compound (VOC) emission standards. This change
clarifies that, when calculating emissions for purposes of an
applicability determination for each standard, the source should only
include emissions from units belonging to the source category to which
the standard would apply.
The second change removes a paragraph at Rule 391-3-1.02(2)(a)9.,
titled Kraft Pulp Mill Total Reduced Sulfur (TRS) Compliance Schedules.
Kraft Pulp Mill sources were required to comply with the TRS Compliance
Schedule no later than 43 months after the September 1, 1988,
notification date. New sources after April 1, 1992, have to be in
compliance upon start-up. The July 25, 2014, SIP submittal deletes
paragraph 9 because sources have met the TRS compliance schedule, so
the provision is obsolete. Additionally, Georgia makes an
administrative change to Rule 391-3-1-.02 (2)(gg), ``Kraft Pulp
Mills,'' by removing reference to the approval of the TRS Compliance
Schedule in subparagraph 2(i)(V).
Rule 391-3-1-.02(2)(e), ``Particulate Emission from Manufacturing
Processes,'' establishes allowable particulate matter emission limits
for sources that are not subject to another rule or permit condition.
The rule currently provides equations to calculate allowable emission
rates based on process input weight rate for new and existing
equipment. In addition, two tables, Ia and Ib, also provide the
allowable emissions rates. Georgia is removing these two tables since
the equations in the rule serve the same purpose, and as such this
change is administrative in nature.
Rule 391-3-1-.02(2)(l), ``Conical Burners.'' This rule was first
incorporated in the SIP to address the use of conical burners for wood
waste burning. These burners gradually went out of service and are no
longer in operation in Georgia. The July 25, 2014, SIP submittal
removes the regulation for conical burners as it is no longer
applicable and is obsolete. Moreover, if a source were to begin
operating in Georgia in the future, it would be subject to new source
review, as well as the new source performance standards and emission
guidelines for commercial and industrial solid waste incineration units
in 40 Code of Federal Regulations (CFR) Part 60 Subparts CCCC and DDDD,
thus ensuring that the source would not interfere with any applicable
requirement under the CAA.
Rule 391-3-1-.02(2)(o), ``Cupola Furnaces for Metallurgical
Melting.'' This rule was first incorporated in the SIP to address
particulate emissions from foundries. These sources are no longer
operating in Georgia. This change removes the regulation for cupola
furnaces for metallurgical melting as it is no longer applicable and is
obsolete. Moreover, if a source were to begin operating in the future,
it would be subject to new source review, as well as 40 CFR part 63
Subpart EEEEE or ZZZZZ, thus ensuring that the source would not
interfere with any applicable requirement under the CAA.
Rule 391-3-1-.02(2)(p), ``Particulate Emissions from Kaolin and
Fuller's Earth Processes.'' This rule was first incorporated in the SIP
to establish allowable particulate emission limits from clay processing
operations. The rule currently provides equations to calculate
allowable emission rates based on process input weight rate for new and
existing equipment. In addition, two tables, IIa and IIb, also provide
the allowable emissions rates. Georgia is removing these two tables
since the equations in the rule serve the same purpose, and as such
this change is administrative in nature.
Rule 391-3-1-.02(2)(q), ``Particulate Emissions from Cotton Gins.''
This rule was first incorporated in the SIP to address particulate
emissions from cotton ginning operations. The rule currently provides
an equation to calculate allowable emission rates based on number of
standard bales per hour. In addition, table IIIa also provides the
allowable emissions rates. Georgia is removing this table since the
equation in the rule serves the same purpose, and as such this change
is administrative in nature.
Rule 391-3-1-.02(6)(a), ``Specific Monitoring and Reporting
Requirements for Particular Sources.'' This rule was first incorporated
in the SIP on September 18, 1979 (44 FR 54047), to address sources
subject to any of the Standards of Performance for New Stationary
Sources of or pursuant to 42 U.S.C. 7411, as amended, or National
Emission Standards for Hazardous Air Pollutants of or pursuant to 42
U.S.C. 7412. Sources subject to the rule were required to install
monitoring equipment and begin monitoring within 18 months of the 1979
rulemaking. After the implementation period, new sources must be in
compliance with monitoring requirements upon startup. Georgia is
removing subparagraph 391-3-1-.02(6)(a)(2)(x), as the implementation
period has passed and is now obsolete.
EPA is approving the aforementioned changes from the July 25, 2014,
submittal into the SIP because the rules are consistent with CAA
section 110. These changes became state effective on August 1, 2013.
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-.02(2)(ss), ``Gasoline Transport Vehicles and Vapor Collection
Systems,'' effective October 6, 2010, and Rule 391-3-1-.02(2)(a),
``General Provisions,'' Rule 391-3-1-.02(2)(e), ``Particulate Emission
from Cotton Gins,'' Rule 391-3-1-.02(2)(p), ``Particulate Emissions
from Kaolin and Fuller's Earth Processes,'' Rule 391-3-1-.02(2)(q),
``Particulate Emissions from Cotton Gins,'' Rule 391-3-1-.02 (2)(gg),
``Kraft Pulp Mills, '' and Rule 391-3-1-.02(6) ''Specific Monitoring,''
effective August 1, 2013. Therefore, these materials have been approved
by EPA for inclusion in the SIP, 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.\2\
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).
---------------------------------------------------------------------------
\2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action
EPA is approving the aforementioned changes to the SIP because they
are consistent with the CFR and 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
[[Page 35108]]
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
September 26, 2017 without further notice unless the Agency receives
adverse comments by August 28, 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 September 26, 2017 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, these
actions merely approve state law as meeting federal requirements and do
not impose additional requirements beyond those imposed by state law.
For that reason, these actions:
Are not significant regulatory actions 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);
do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
are 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.);
do 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);
do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
are 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
do 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 26, 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 today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 12, 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. Section 52.570(c) is amended by:
0
(A) Removing the entries for ``391-3-1-.02(2)(l),'' and ``391-3-
1-.02(2)(o).''
0
(B) Revising the entries for ``391-3-1-.02(2)(a),'' ``391-3-
1-.02(2)(e),'' ``391-3-1-.02(2)(p),'' ``391-3-1-.02(2)(q),'' ``391-3-
1-.02(2)(gg),'' ``391-3-1-.02(2)(ss),'' and ``391-3-1-.02(6)'' to read
as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
[[Page 35109]]
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(2)(a)................. General Provisions. 8/1/2013 7/28/2017, [Insert Except for
citation of paragraph 391-3-1-
publication]. .02(2)(a)1 (as
approved on 3/16/
06).
* * * * * * *
391-3-1-.02(2)(e)................. Particulate 8/1/2013 7/28/2017, [Insert ..................
Emission from citation of
Manufacturing publication].
Processes.
* * * * * * *
391-3-1-.02(2)(p)................. Particulate 8/1/2013 7/28/2017, [Insert ..................
Emissions from citation of
Kaolin and publication].
Fuller's.
Earth Processes....
391-3-1-.02(2)(q)................. Particulate 8/1/2013 7/28/2017, [Insert ..................
Emissions from citation of
Cotton Gins. publication].
* * * * * * *
391-3-1-.02(2)(gg)................ Kraft Pulp Mills... 8/1/2013 7/28/2017, [Insert ..................
citation of
publication].
* * * * * * *
391-3-1-.02(2)(ss)................ Gasoline Transport 10/6/2010 7/28/2017, [Insert ..................
Systems and Vapor citation of
Collection Systems. publication].
* * * * * * *
391-3-1-.02(6).................... Source Monitoring.. 8/1/2013 7/28/2017, [Insert ..................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-15737 Filed 7-27-17; 8:45 am]
BILLING CODE 6560-50-P
