Air Plan Approval; Georgia; Revisions To VOC Definitions and Ambient Air Quality Standards, 62466-62468 [2018-26245]
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62466
Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
On page 58188, in the second column,
under the heading entitled DATES
remove the text ‘‘Written comments
must be received on or before December
19, 2018.’’ and add in its place the text
‘‘This final rule is effective on December
19, 2018.’’.
[FR Doc. 2018–26284 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2018–0099; FRL–9986–97–
Region 1]
Air Plan Approval; Connecticut;
Volatile Organic Compound Emissions
From Consumer Products and
Architectural and Industrial
Maintenance Coatings; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
This document corrects the
preamble in the DATES section to a final
rule published in the Federal Register
on November 19, 2018. The
Environmental Protection Agency (EPA)
published a final rule approving
Connecticut’s State Implementation
Plan (SIP) revision that amended
requirements for controlling volatile
organic compound (VOC) emissions
from consumer products and
architectural and industrial
maintenance (AIM) coatings by revising
Regulations of Connecticut State
Agencies (RCSA) sections 22a–174–40,
22a–174–41, and adding section 22a–
174–41a.
DATES: This final rule correction is
effective on December 4, 2018.
FOR FURTHER INFORMATION CONTACT:
Ariel Garcia, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA Region 1 Regional Office, 5 Post
Office Square, Suite 100 (Mail code:
OEP05–2), Boston, MA 02109–3912,
telephone number: (617) 918–1660,
email garcia.ariel@epa.gov.
SUPPLEMENTARY INFORMATION: The EPA
issued a final rule in the Federal
Register on November 19, 2018 (83 FR
58188). An error occurred in the DATES
section where it erroneously stated that
‘‘Written comments must be received on
or before December 19, 2018.’’ The EPA
previously provided an opportunity for
written comments, on our proposed
approval of Connecticut’s SIP revision,
in a proposed rule issued in the Federal
Register on June 4, 2018 (83 FR 25615).
Therefore, this corrective action merely
designates the Final rule as being
effective on December 19, 2018.
Correction
In FR Doc. 2018–24895 appearing on
page 58188 in the Federal Register of
Monday, November 19, 2018, the
following correction is made:
16:14 Dec 03, 2018
Jkt 247001
[FR Doc. 2018–26286 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
SUMMARY:
VerDate Sep<11>2014
Dated: November 28, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.
[EPA–R04–OAR–2018–0116; FRL–9987–12–
Region 4]
Air Plan Approval; Georgia; Revisions
To VOC Definitions and Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On November 13, 2017, the
State of Georgia through the Georgia
Environmental Protection Division
(EPD), submitted a revision to the
Georgia State Implementation Plan
(SIP). The Environmental Protection
Agency (EPA) is approving changes to
several portions of the revision that
modifies the State’s air quality
regulations as incorporated into the SIP.
Specifically, the revision pertains to
definition changes, including the
modification of the definition of
‘‘volatile organic compounds’’ (VOC)
and changes to the State’s air quality
standards for sulfur dioxide, particulate
matter, carbon monoxide, ozone, lead
and nitrogen dioxide to be consistent
with the National Ambient Air Quality
Standard (NAAQS). EPA is approving
these provisions of the SIP revision
because the State has demonstrated that
the changes are consistent with the
Clean Air Act (CAA or Act).
DATES: This rule will be effective
January 3, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0116. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
SUMMARY:
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available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Air Regulatory Management Section,
Air Planning and Implementation
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. EPA requests that
if at all possible, you contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Pesticides and
Toxics Management Division, Region 4,
U.S. Environmental Protection Agency,
61 Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9088. Ms. Bell can also be
reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 17, 2018 (83 FR 33168), EPA
proposed to approve into the Georgia
SIP changes to Georgia’s air quality rule
391–3–1–.01, ‘‘Definitions’’ and rule
391–3–1–.02(4), ‘‘Ambient Air
Standards’’ submitted by the State of
Georgia through the Georgia EPD on
November 13, 2017. EPA’s July 17,
2018, rulemaking did not propose action
on Georgia’s air quality rules 391–3–1–
.03(6), ‘‘Exemption’’ under permits and
rule 391–3–1–.0(7)(a)(1), ‘‘General
Requirements’’ under Prevention of
Significant Deterioration (PSD). EPA
will address these changes in a separate
notice. Additionally, EPA’s July 17,
2018, rulemaking did not propose action
on Georgia’s air quality rule 391–3–1–
.02(7)(a)2(ix), ‘‘Regulated NSR
pollutant’’ under PSD, and rule 391–3–
1–.03(8)(c)(16), ‘‘Additional Provisions
for PM2.5 Non-attainment Areas’’ under
permits.1
The November 13, 2017, SIP revision
changes Rule 391–3–1–.01,
‘‘Definitions’’ by adding t-Butyl acetate
(also known as tertiary butyl acetate or
TBAC) and 1,1,2,2-Tetrafluoro-1-(2,2,2trifluoroethoxy) ethane to the list of
1 The State withdrew Rule 391–3–1–.02(7)(a)2(ix),
‘‘Regulated NSR pollutant’’ and Rule 391–3–1–
.03(8)(c)(16), ‘‘Additional Provisions for PM2.5 NonAttainment Areas’’ on December 1, 2016, and July
26, 2017, respectively. The State also acknowledges
this in the response to comment of the pre-hearing
in the November 13, 2017, submittal. The
information is in the Docket.
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
organic compounds having negligible
photochemical reactivity. The definition
of VOC is also being updated by
removing the recordkeeping
requirements for t-Butyl acetate.
Additionally, the definition of VOC is
being revised to include chemical
names to clarify previous exemptions.
Lastly, the submission revises Rule 391–
3–1–.02(4), ‘‘Ambient Air Standards’’ by
updating Georgia’s air quality standard
to be consistent with the NAAQS. The
details of the Georgia submission and
the rationale for EPA’s action are
explained in the proposed rulemaking.
Comments on the proposed rulemaking
were due on or before August 20, 2018.
EPA did not receive any adverse
comments on the proposed action. EPA
is now taking final action to approve the
above-referenced revisions.
II. 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 entitled ‘‘Definitions,’’ effective July
20, 2017, which revises the VOC
definition and removes the
recordkeeping requirements for t-Butyl
acetate. Rule 391–3–1–.02(4) entitled
‘‘Ambient Air Standards,’’ effective July
20, 2017, updates Georgia’s air quality
standard to be consistent with the
NAAQS. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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 in the next
update to the SIP compilation.2
III. Final Action
EPA is taking final action to approve
Georgia’s November 13, 2017, SIP
revision which amends the VOC
definition in rule 391–3–1–.01, and
updates Georgia’s air quality standards
to be consistent with the NAAQS in rule
391–3–1–.02(4). EPA has evaluated the
relevant portions of Georgia’s November
13, 2017, SIP revision and has
determined that it meets the applicable
2 See
62 FR 27968 (May 22, 1997).
VerDate Sep<11>2014
16:14 Dec 03, 2018
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requirements of the CAA and EPA
regulations.
IV. 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. 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);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• 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
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62467
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 February 4, 2019. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: November 15, 2018.
Onis ‘‘Trey’’ Glenn, III,
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.
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Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
‘‘391–3–1–.01’’ and ‘‘391–3–1–.02(4)’’ to
read as follows:
Subpart L—Georgia
2. In § 52.570, the table in paragraph
(c) is amended by revising the entries
■
§ 52.570
*
Identification of plan.
*
*
(c)* * *
*
*
EPA-APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
391–3–1–.01 ....................
Definitions ........................
*
*
7/20/2017
*
EPA approval date
Explanation
12/4/2018, [insert Federal Register citation] .............
*
*
*
*
Emission Standards
*
391–3–1–.02(4) ................
*
*
*
*
*
Ambient Air Standards .....
*
*
*
*
*
[FR Doc. 2018–26245 Filed 12–3–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0676; FRL–9986–66–
Region 6]
Air Plan Approval; Texas; Emission
Statements
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving a portion of a State
Implementation Plan (SIP) revision
submitted by the State of Texas for the
2008 8-hour ozone national ambient air
quality standards (NAAQS). The portion
of the SIP revision being approved
pertains to CAA 2008 ozone NAAQS
requirement for emission statements in
the Dallas/Fort Worth ozone
nonattainment area (DFW area).
DATES: This rule is effective on March 4,
2019 without further notice, unless the
EPA receives relevant adverse comment
by January 3, 2019. If the EPA receives
such comment, the EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2018–0676, at https://
www.regulations.gov or via email to
ruan-lei.karolina@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
SUMMARY:
VerDate Sep<11>2014
16:14 Dec 03, 2018
*
*
*
7/20/2017 12/4/2018 [insert Federal Register citation] ..............
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*
*
Regulations.gov. The 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. The 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, please
contact Ms. Karolina Ruan Lei, 214–
665–7346, ruan-lei.karolina@epa.gov.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
Ms.
Karolina Ruan Lei, 214–665–7346, ruanlei.karolina@epa.gov. To inspect the
hard copy materials, please schedule an
appointment with Ms. Karolina Ruan
Lei or Mr. Bill Deese at 214–665–7253.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
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*
*
*
I. Background
Section 110 of the CAA requires states
to develop and submit to the EPA a SIP
to ensure that state air quality meets the
NAAQS. These ambient standards
currently address six criteria pollutants:
Carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter, and
sulfur dioxide. Each federally-approved
SIP protects air quality primarily by
addressing air pollution at its point of
origin through air pollution regulations
and control strategies. The EPA
approved SIP regulations and control
strategies are federally enforceable.
In 2008, we revised the 8-hour ozone
primary and secondary NAAQS to a
level of 0.075 parts per million (ppm) to
provide increased protection of public
health and the environment (73 FR
16436, March 27, 2008). The 2008 8hour ozone NAAQS revised the 1997 8hour ozone NAAQS of 0.08 ppm. The
DFW area was classified as a
‘‘Moderate’’ ozone nonattainment area
for the 2008 8-hour ozone NAAQS (77
FR 30088, May 21, 2012). The DFW
2008 ozone nonattainment area consists
of Collin, Dallas, Denton, Ellis, Johnson,
Kaufman, Parker, Rockwall, Tarrant,
and Wise counties.
On August 21, 2018, Texas submitted
a SIP revision addressing oxides of
nitrogen (NOx) reasonably available
control technology (RACT) for a cement
manufacturing plant in Ellis County as
a part of its DFW 2008 8-hour ozone
NAAQS SIP update. That SIP revision
also included a description of how the
CAA Section 182(a)(3)(B) requirement
for emission statements from stationary
point sources are met in the DFW area
for the 2008 ozone NAAQS, using
already-existing measures previously
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]]>Agencies
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62466-62468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26245]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0116; FRL-9987-12-Region 4]
Air Plan Approval; Georgia; Revisions To VOC Definitions and
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On November 13, 2017, the State of Georgia through the Georgia
Environmental Protection Division (EPD), submitted a revision to the
Georgia State Implementation Plan (SIP). The Environmental Protection
Agency (EPA) is approving changes to several portions of the revision
that modifies the State's air quality regulations as incorporated into
the SIP. Specifically, the revision pertains to definition changes,
including the modification of the definition of ``volatile organic
compounds'' (VOC) and changes to the State's air quality standards for
sulfur dioxide, particulate matter, carbon monoxide, ozone, lead and
nitrogen dioxide to be consistent with the National Ambient Air Quality
Standard (NAAQS). EPA is approving these provisions of the SIP revision
because the State has demonstrated that the changes are consistent with
the Clean Air Act (CAA or Act).
DATES: This rule will be effective January 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0116. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9088. Ms. Bell can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 17, 2018 (83 FR 33168), EPA proposed to approve into the
Georgia SIP changes to Georgia's air quality rule 391-3-1-.01,
``Definitions'' and rule 391-3-1-.02(4), ``Ambient Air Standards''
submitted by the State of Georgia through the Georgia EPD on November
13, 2017. EPA's July 17, 2018, rulemaking did not propose action on
Georgia's air quality rules 391-3-1-.03(6), ``Exemption'' under permits
and rule 391-3-1-.0(7)(a)(1), ``General Requirements'' under Prevention
of Significant Deterioration (PSD). EPA will address these changes in a
separate notice. Additionally, EPA's July 17, 2018, rulemaking did not
propose action on Georgia's air quality rule 391-3-1-.02(7)(a)2(ix),
``Regulated NSR pollutant'' under PSD, and rule 391-3-1-.03(8)(c)(16),
``Additional Provisions for PM2.5 Non-attainment Areas''
under permits.\1\
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\1\ The State withdrew Rule 391-3-1-.02(7)(a)2(ix), ``Regulated
NSR pollutant'' and Rule 391-3-1-.03(8)(c)(16), ``Additional
Provisions for PM2.5 Non-Attainment Areas'' on December
1, 2016, and July 26, 2017, respectively. The State also
acknowledges this in the response to comment of the pre-hearing in
the November 13, 2017, submittal. The information is in the Docket.
---------------------------------------------------------------------------
The November 13, 2017, SIP revision changes Rule 391-3-1-.01,
``Definitions'' by adding t-Butyl acetate (also known as tertiary butyl
acetate or TBAC) and 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy)
ethane to the list of
[[Page 62467]]
organic compounds having negligible photochemical reactivity. The
definition of VOC is also being updated by removing the recordkeeping
requirements for t-Butyl acetate. Additionally, the definition of VOC
is being revised to include chemical names to clarify previous
exemptions. Lastly, the submission revises Rule 391-3-1-.02(4),
``Ambient Air Standards'' by updating Georgia's air quality standard to
be consistent with the NAAQS. The details of the Georgia submission and
the rationale for EPA's action are explained in the proposed
rulemaking. Comments on the proposed rulemaking were due on or before
August 20, 2018. EPA did not receive any adverse comments on the
proposed action. EPA is now taking final action to approve the above-
referenced revisions.
II. 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 entitled ``Definitions,'' effective July 20, 2017, which
revises the VOC definition and removes the recordkeeping requirements
for t-Butyl acetate. Rule 391-3-1-.02(4) entitled ``Ambient Air
Standards,'' effective July 20, 2017, updates Georgia's air quality
standard to be consistent with the NAAQS. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information). 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 in the next update to the SIP compilation.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve Georgia's November 13, 2017,
SIP revision which amends the VOC definition in rule 391-3-1-.01, and
updates Georgia's air quality standards to be consistent with the NAAQS
in rule 391-3-1-.02(4). EPA has evaluated the relevant portions of
Georgia's November 13, 2017, SIP revision and has determined that it
meets the applicable requirements of the CAA and EPA regulations.
IV. 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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 February 4, 2019. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 15, 2018.
Onis ``Trey'' Glenn, III,
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.
[[Page 62468]]
Subpart L--Georgia
0
2. In Sec. 52.570, the table in paragraph (c) is amended by revising
the entries ``391-3-1-.01'' and ``391-3-1-.02(4)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c)* * *
EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01..................... Definitions........ 7/20/2017 12/4/2018, [insert .....................
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(4).................. Ambient Air 7/20/2017 12/4/2018 [insert .....................
Standards. Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2018-26245 Filed 12-3-18; 8:45 am]
BILLING CODE 6560-50-P
