Air Plan Approval; Georgia: Permit Exemption for Fire Fighting Equipment, 22984-22985 [2019-10563]
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22984
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Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Rules and Regulations
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FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2019–10573 Filed 5–20–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0064; FRL–9993–89–
Region 4]
Air Plan Approval; Georgia: Permit
Exemption for Fire Fighting Equipment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve two revisions to the Georgia
State Implementation Plan (SIP),
submitted by the State of Georgia,
through the Georgia Environmental
Protection Division (Georgia EPD), with
two letters dated November 13, 2017,
and July 31, 2018. Specifically, EPA is
approving changes that revise existing
exemptions for firefighting equipment.
EPA is approving these SIP revisions
because the Agency believes that they
are consistent with the Clean Air Act
(CAA or Act).
DATES: This rule will be effective June
20, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R04–OAR–2018–0064. 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 and Radiation Division
(formerly the 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.
jbell on DSK3GLQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:11 May 20, 2019
Jkt 247001
Andres Febres, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–8966. Mr. Febres can also be
reached via electronic mail at febresmartinez.andres@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Through a letter dated November 13,
2017, Georgia EPD submitted a SIP
revision for EPA’s approval that
included several miscellaneous rule
amendments.1 Specifically, the
November 13, 2017, SIP revision
included changes to Georgia’s Air
Quality Control Rule 391–3–1–.01—
‘‘Definitions,’’ Rule 391–3–1–.02(4)—
‘‘Ambient Air Standards,’’ Rule 391–3–
1–.02(7)—‘‘Prevention of Significant
Deterioration of Air Quality,’’ Rule 391–
3–1–.03(6)—‘‘Exemptions,’’ Rule 391–3–
1–.03(8)—‘‘Permit Requirements,’’ and
Rule 391–3–1–.03(10)—‘‘Title V
Operating Permits.’’
Through an additional letter dated
July 31, 2018, Georgia EPD submitted
several SIP revisions that included some
miscellaneous rule amendments.2
Specifically, the July 31, 2018, SIP
revisions included changes to Georgia’s
Air Quality Control Rule 391–3–1–.01—
‘‘Definitions,’’ Rule 391–3–1–.02(2)(c)—
‘‘Incinerators,’’ Rule 391–3–1–.02(4)—
‘‘Ambient Air Standards,’’ Rule 391–3–
1–.02(12)—‘‘Cross State Air Pollution
Rule NOX Annual Trading Program,’’
Rule 391–3–1–.02(13)—‘‘Cross State Air
Pollution Rule SO2 Annual Trading
Program,’’ Rule 391–3–1–.02(14)—
‘‘Cross State Air Pollution Rule NOX
Ozone Season Trading Program,’’ Rule
391–3–1–.03(6)—‘‘Exemptions,’’ Rule
391–3–1–.03(11)—‘‘Permit by Rule,’’
Rule 391–3–1–.03(10)—‘‘Title V
Operating Permits,’’ Rule 391–3–1–.11—
‘‘Small Business Assistance
Administration,’’ and Rule 391–3–1–
.12—‘‘Duties of the Small Business
Ombudsman Office.’’
In a notice of proposed rulemaking
(NPRM) published on February 1, 2019,
(84 FR 1037), EPA proposed to approve
revisions to the Georgia’s Rule 391–3–1–
.03(6), which addresses exemptions for
firefighting equipment from minor new
source review (NSR) requirements. EPA
provided further analysis of these
revisions, as well as the Agency’s
1 EPA notes that the Agency received this
submittal on November 29, 2017.
2 EPA notes that the Agency received this
submittal on August 2, 2018.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
rationale for approving the changes, in
its NPRM. Comments on the NPRM
were due on or before March 4, 2019.
EPA received no adverse comments on
the proposed action. EPA is now taking
final action to approve the abovereferenced revision.
II. Incorporation by Reference
In this document, 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 EPD’s Rule 391–
3–1–.03(6)—‘‘Exemptions,’’ which
became state effective July 23, 2018.
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
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 in the next
update to the SIP compilation.3
III. Final Action
EPA is approving Georgia EPD’s
November 13, 2017, and July 31, 2018,
SIP revisions. Specifically, EPA is
approving these SIP revisions that
modify Georgia’s Rule 391–3–1–.03(6).
The changes at Georgia Rule 391–3–1–
.03(6)(b)(13) exempt fire pumps and
other equipment used by firefighters
and other emergency personnel to fight
fires from the Act’s preconstruction
review requirement. As discussed in
further detail in EPA’s February 1, 2019,
(84 FR 1037) NPRM, the Agency
believes that any air quality impacts
from these activities are de minimis and
will often lead to net emissions
reductions by mitigating or eliminating
the air quality impacts of uncontrolled
fires. EPA is approving these SIP
revisions because the Agency has
determined that they are consistent with
the CAA and will not interfere with
attainment or maintenance of any
NAAQS, reasonable further progress, or
any other applicable requirement.
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
3 See
E:\FR\FM\21MYR1.SGM
62 FR 27968 (May 22, 1997).
21MYR1
22985
Federal Register / Vol. 84, No. 98 / Tuesday, May 21, 2019 / Rules and Regulations
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 July 22, 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: May 6, 2019.
Mary S. Walker,
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. In § 52.570, the table in paragraph
(c) is amended by revising the entry
‘‘391–3–1–.03(6)’’ to read as follows:
■
§ 52.570
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Identification of plan.
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(c) * * *
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EPA-APPROVED GEORGIA REGULATIONS
State citation
Title/subject
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391–3–1–.03(6) ........................
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EPA approval
date
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Permits
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Exemptions .............................
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State
effective
date
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7/23/2018
Explanation
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5/21/2019, [insert Federal
Register citation].
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[FR Doc. 2019–10563 Filed 5–20–19; 8:45 am]
BILLING CODE 6560–50–P
VerDate Sep<11>2014
17:11 May 20, 2019
Jkt 247001
PO 00000
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Fmt 4700
Sfmt 9990
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]]>Agencies
[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Rules and Regulations]
[Pages 22984-22985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10563]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0064; FRL-9993-89-Region 4]
Air Plan Approval; Georgia: Permit Exemption for Fire Fighting
Equipment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve two revisions to the Georgia State Implementation
Plan (SIP), submitted by the State of Georgia, through the Georgia
Environmental Protection Division (Georgia EPD), with two letters dated
November 13, 2017, and July 31, 2018. Specifically, EPA is approving
changes that revise existing exemptions for firefighting equipment. EPA
is approving these SIP revisions because the Agency believes that they
are consistent with the Clean Air Act (CAA or Act).
DATES: This rule will be effective June 20, 2019.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2018-0064. 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 and Radiation Division (formerly the 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: Andres Febres, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8966. Mr. Febres can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Through a letter dated November 13, 2017, Georgia EPD submitted a
SIP revision for EPA's approval that included several miscellaneous
rule amendments.\1\ Specifically, the November 13, 2017, SIP revision
included changes to Georgia's Air Quality Control Rule 391-3-1-.01--
``Definitions,'' Rule 391-3-1-.02(4)--``Ambient Air Standards,'' Rule
391-3-1-.02(7)--``Prevention of Significant Deterioration of Air
Quality,'' Rule 391-3-1-.03(6)--``Exemptions,'' Rule 391-3-1-.03(8)--
``Permit Requirements,'' and Rule 391-3-1-.03(10)--``Title V Operating
Permits.''
---------------------------------------------------------------------------
\1\ EPA notes that the Agency received this submittal on
November 29, 2017.
---------------------------------------------------------------------------
Through an additional letter dated July 31, 2018, Georgia EPD
submitted several SIP revisions that included some miscellaneous rule
amendments.\2\ Specifically, the July 31, 2018, SIP revisions included
changes to Georgia's Air Quality Control Rule 391-3-1-.01--
``Definitions,'' Rule 391-3-1-.02(2)(c)--``Incinerators,'' Rule 391-3-
1-.02(4)--``Ambient Air Standards,'' Rule 391-3-1-.02(12)--``Cross
State Air Pollution Rule NOX Annual Trading Program,'' Rule
391-3-1-.02(13)--``Cross State Air Pollution Rule SO2 Annual
Trading Program,'' Rule 391-3-1-.02(14)--``Cross State Air Pollution
Rule NOX Ozone Season Trading Program,'' Rule 391-3-
1-.03(6)--``Exemptions,'' Rule 391-3-1-.03(11)--``Permit by Rule,''
Rule 391-3-1-.03(10)--``Title V Operating Permits,'' Rule 391-3-1-.11--
``Small Business Assistance Administration,'' and Rule 391-3-1-.12--
``Duties of the Small Business Ombudsman Office.''
---------------------------------------------------------------------------
\2\ EPA notes that the Agency received this submittal on August
2, 2018.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on February 1,
2019, (84 FR 1037), EPA proposed to approve revisions to the Georgia's
Rule 391-3-1-.03(6), which addresses exemptions for firefighting
equipment from minor new source review (NSR) requirements. EPA provided
further analysis of these revisions, as well as the Agency's rationale
for approving the changes, in its NPRM. Comments on the NPRM were due
on or before March 4, 2019. EPA received no adverse comments on the
proposed action. EPA is now taking final action to approve the above-
referenced revision.
II. Incorporation by Reference
In this document, 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 EPD's
Rule 391-3-1-.03(6)--``Exemptions,'' which became state effective July
23, 2018. 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 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 in the next update to the SIP
compilation.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is approving Georgia EPD's November 13, 2017, and July 31,
2018, SIP revisions. Specifically, EPA is approving these SIP revisions
that modify Georgia's Rule 391-3-1-.03(6). The changes at Georgia Rule
391-3-1-.03(6)(b)(13) exempt fire pumps and other equipment used by
firefighters and other emergency personnel to fight fires from the
Act's preconstruction review requirement. As discussed in further
detail in EPA's February 1, 2019, (84 FR 1037) NPRM, the Agency
believes that any air quality impacts from these activities are de
minimis and will often lead to net emissions reductions by mitigating
or eliminating the air quality impacts of uncontrolled fires. EPA is
approving these SIP revisions because the Agency has determined that
they are consistent with the CAA and will not interfere with attainment
or maintenance of any NAAQS, reasonable further progress, or any other
applicable requirement.
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
[[Page 22985]]
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 July 22, 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: May 6, 2019.
Mary S. Walker,
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. In Sec. 52.570, the table in paragraph (c) is amended by revising
the entry ``391-3-1-.03(6)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.03(6)................... Exemptions.......... 7/23/2018 5/21/2019, [insert
Federal Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-10563 Filed 5-20-19; 8:45 am]
BILLING CODE 6560-50-P
