Air Plan Approval; GA; Miscellaneous Revisions, 24393-24395 [2019-10969]
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
Transmittal letter for issue
Dated
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March 4, 2019 ...................................................
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[Insert Federal Register citation for this rule]
§ 111.4
Air Planning and Implementation
Branch, Air and Radiation Division,
(formerly known as 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.
Blowing Agent.2 On January 5, 2017 (82
FR 1206), EPA approved changes to
Rule 391–3–1–.01—Definitions that
were included in the April 11, 2003,
submittal. On April 16, 2018 (83 FR
16276), EPA published a proposed
rulemaking for Rule 391–3–1–
.03(11)(b)—Permit by Rule Standards
that was included in the April 11, 2003,
submittal.
In a notice of proposed rulemaking
(NPRM) published on February 12, 2019
(84 FR 3354), EPA proposed to approve
Georgia’s Miscellaneous Revisions. The
details of Georgia’s submission and the
rationale for EPA’s action are explained
in the NPRM. Comments on the
proposed rulemaking were due on or
before March 14, 2019. EPA received no
comments on the proposed action.
[Amended]
3. Amend § 111.4 by:
a. Removing ‘‘April 25, 2018’’ and
adding ‘‘May 28, 2019’’; and
■ b. Removing the parenthetical
authority citation at the end of the
section.
■
■
Ruth Stevenson,
Attorney, Federal Compliance.
[FR Doc. 2019–11055 Filed 5–24–19; 8:45 am]
BILLING CODE 7710–12–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R04–OAR–2006–0651; FRL–9994–14–
Region 4]
Air Plan Approval; GA; Miscellaneous
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving changes to
the Georgia State Implementation Plan
(SIP) to revise Georgia’s rules regarding
emissions standards and open burning.
EPA is approving portions of the SIP
revision submitted by the State of
Georgia, through the Georgia
Department of Natural Resources
Environmental Protection Division (GA
EPD) on April 11, 2003. This action is
being taken pursuant to the Clean Air
Act (CAA or Act).
DATES: This rule will be effective June
27, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2006–0651. 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,
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
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24393
Richard Wong, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960,
or Joel Huey, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
Mr. Wong can be reached by telephone
at (404) 562–8726 or via electronic mail
at wong.richard@epa.gov. Mr. Huey can
be reached by telephone at (404) 562–
9104 or via electronic mail at huey.joel@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 2003, GA EPD submitted
a SIP revision to EPA for approval that
involves changes to Georgia’s SIP
regulations. In this action, EPA is
approving the portions of the Georgia
submission that make changes to
Georgia’s Rule 391–3–1–.02(2)(nnn)—
NOX Emissions from Large Stationary
Gas Turbines and Rule 391–3–1–
.02(5)—Open Burning.1 EPA is not
acting on the following three other
portions of GA EPD’s April 11, 2003,
submittal at this time. On October 21,
2009, GA EPD submitted a letter
withdrawing from the submittal a
proposed revision to Georgia Rule 391–
3–1–.02(2)(qqq)—Volatile Organic
Compound From Extruded Polystyrene
Products Manufacturing Utilizing a
1 On August 31, 2018, GA EPD submitted a letter
(included in the docket for this action) withdrawing
from the submittal a proposed revision to Georgia
Rule 391–3–1–.02(5)(d) that would provide
exceptions to the 40 percent opacity limit on open
burning.
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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’s Rule 391–3–1–
.02(2)(nnn)—NOX Emissions from Large
Stationary Gas Turbines, effective April
20, 2003, which adds exemptions for
emission standards for certain electric
generating units, and Georgia Rule 391–
3–1.02(5)—Open Burning, also effective
April 20, 2003,3 which adds, clarifies
and removes several types of activities
to the open burning exception list,
revises specific county restrictions and
removes the prohibition on open
burning during an air pollution episode.
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
2 The October 21, 2009, letter is included in the
docket for this action.
3 The effective date of the change to Rule 391–3–
1–.02(5) made in Georgia’s April 11, 2003, SIP
revision is April 20, 2003. However, for purposes
of the state-effective date at 40 CFR 52.570(c), that
change to Georgia’s rule is captured and superseded
by Georgia’s update in a November 6, 2006 (stateeffective July 13, 2006), SIP revision, which EPA
previously approved on February 9, 2010 (75 FR
6309).
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
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
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.4
III. Final Action
EPA is approving the aforementioned
changes to the Georgia SIP found in
Georgia Rules 391–3–1–.02(2)(nnn) and
391–3–1.02(5) submitted on April 11,
2003. For the reasons explained in
EPA’s February 12, 2019 NPRM (84 FR
3354), EPA has concluded that these
changes are consistent with the CAA
and its implementing regulations, and
will not interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 7501 of the Act). See 42
U.S.C. 7410(l).
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
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 29, 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, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: May 14, 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 entries
‘‘391–3–1–.02(2)(nnn)’’ and ‘‘391–3–1–
.02(5)’’ 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
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State citation
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State effective
date
Title/subject
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EPA approval date
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Explanation
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Emission Standards
4 See
62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 84, No. 102 / Tuesday, May 28, 2019 / Rules and Regulations
EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
EPA approval date
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391–3–1–.02(2)(nnn) .........
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NOX Emissions from
Large Stationary Gas
Turbines.
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4/20/2003
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5/28/2019, [insert Federal
Register citation].
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391–3–1–.02(5) .................
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Open Burning ...................
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7/13/2006
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5/28/2019, [insert Federal
Register citation].
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[FR Doc. 2019–10969 Filed 5–24–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52 and 81
[EPA–R05–OAR–2018–0842; FRL–9994–11–
Region 5]
Air Plan Approval; Illinois;
Redesignation of the Illinois Portion of
the St. Louis, MO-IL Area to Attainment
of the 1997 Annual Standard for Fine
Particulate Matter
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is redesignating the
Illinois portion of the St. Louis, MO-IL,
nonattainment area (hereafter, ‘‘the St.
Louis area’’) to attainment for the 1997
fine particulate matter (PM2.5) annual
national ambient air quality standard
(NAAQS or standard). The Illinois
portion of the St. Louis area includes
Madison, Monroe, and St. Clair
counties, and Baldwin Township in
Randolph county. EPA is taking this
action because it has determined that
the St. Louis area is attaining the annual
1997 PM2.5 standard based on the most
recent three years of certified air quality
data. EPA is also approving a revision
to the Illinois state implementation plan
(SIP) for maintaining the 1997 annual
PM2.5 NAAQS through 2030. Illinois’
maintenance plan submission includes
an updated emissions inventory, which
includes emissions inventories for
PM2.5, nitrogen oxides (NOX), sulfur
dioxide (SO2) volatile organic
compounds (VOCs) and ammonia. The
maintenance plan submission also
includes motor vehicle emission
budgets (MVEBs) for the mobile source
SUMMARY:
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State effective
date
Title/subject
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Except
subparagraph
391–3–1–
.02(5)(c), which was approved on
July 10, 2001, with a state-effective
date of August 16, 2000.
*
contribution of PM2.5 and NOX to the St.
Louis PM2.5 area for transportation
conformity purposes. EPA is approving
and updating both the emissions
inventory and MVEBs. EPA is taking
these actions in accordance with the
Clean Air Act (CAA) and EPA’s
implementation rule regarding the 1997
PM2.5 NAAQS.
DATES: This final rule is effective on
May 28, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2018–0842. 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
(CBI) 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 through
www.regulations.gov or at the
Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone Michelle
Becker, Life Scientist, at (312) 886–3901
before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Michelle Becker, Life Scientist,
Attainment Planning and Maintenance
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–3901,
becker.michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
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Explanation
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I. Background
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. Background
On December 6, 2018, Illinois
submitted a request to EPA to
redesignate the St. Louis area to
attainment for the 1997 PM2.5 annual
standard, and to approve the
maintenance plan, MVEBs, and 2008
emissions inventory for the area. In an
action published on March 21, 2019 (84
FR 10461), EPA proposed to redesignate
the area and approve several actions
related to the redesignation. Additional
background and details regarding this
final action can be found in the March
21, 2019, proposed rule. The comment
period for this proposed rulemaking
closed on April 22, 2019. No comments
were received for this proposed rule.
II. What action is EPA taking?
EPA is approving a change to the
official designation of the St. Louis area
for the 1997 annual PM2.5 NAAQS,
found at 40 CFR part 81, from
nonattainment to attainment. EPA is
approving a determination that the St.
Louis area has attained the 1997 annual
PM2.5 standard, based on the most
recent three years of certified air quality
data. This action also approves the
maintenance plan for the 1997 annual
PM2.5 NAAQS as revision to the Illinois
SIP for the St. Louis area. EPA is also
approving an emissions inventory
which includes primary PM2.5, NOX,
SO2, VOCs, and ammonia from 2008
and MVEBs for the St. Louis area. These
MVEBs will be used in future
transportation conformity analyses for
the area.
In The Fine Particulate Matter
National Ambient Air Quality
Standards: State Implementation Plan
Requirements final rule (final PM2.5 SIP
requirements rule), EPA revoked the
1997 primary annual PM2.5 NAAQS in
areas that had always been attainment
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]]>Agencies
[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24393-24395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10969]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0651; FRL-9994-14-Region 4]
Air Plan Approval; GA; Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving changes
to the Georgia State Implementation Plan (SIP) to revise Georgia's
rules regarding emissions standards and open burning. EPA is approving
portions of the SIP revision submitted by the State of Georgia, through
the Georgia Department of Natural Resources Environmental Protection
Division (GA EPD) on April 11, 2003. This action is being taken
pursuant to the Clean Air Act (CAA or Act).
DATES: This rule will be effective June 27, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2006-0651. 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 known as
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: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960, or Joel Huey, Air
Planning and Implementation Branch, Air and Radiation Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. Mr. Wong can be reached by telephone at
(404) 562-8726 or via electronic mail at [email protected]. Mr. Huey
can be reached by telephone at (404) 562-9104 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 2003, GA EPD submitted a SIP revision to EPA for
approval that involves changes to Georgia's SIP regulations. In this
action, EPA is approving the portions of the Georgia submission that
make changes to Georgia's Rule 391-3-1-.02(2)(nnn)--NOX Emissions from
Large Stationary Gas Turbines and Rule 391-3-1-.02(5)--Open Burning.\1\
EPA is not acting on the following three other portions of GA EPD's
April 11, 2003, submittal at this time. On October 21, 2009, GA EPD
submitted a letter withdrawing from the submittal a proposed revision
to Georgia Rule 391-3-1-.02(2)(qqq)--Volatile Organic Compound From
Extruded Polystyrene Products Manufacturing Utilizing a Blowing
Agent.\2\ On January 5, 2017 (82 FR 1206), EPA approved changes to Rule
391-3-1-.01--Definitions that were included in the April 11, 2003,
submittal. On April 16, 2018 (83 FR 16276), EPA published a proposed
rulemaking for Rule 391-3-1-.03(11)(b)--Permit by Rule Standards that
was included in the April 11, 2003, submittal.
---------------------------------------------------------------------------
\1\ On August 31, 2018, GA EPD submitted a letter (included in
the docket for this action) withdrawing from the submittal a
proposed revision to Georgia Rule 391-3-1-.02(5)(d) that would
provide exceptions to the 40 percent opacity limit on open burning.
\2\ The October 21, 2009, letter is included in the docket for
this action.
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on February 12,
2019 (84 FR 3354), EPA proposed to approve Georgia's Miscellaneous
Revisions. The details of Georgia's submission and the rationale for
EPA's action are explained in the NPRM. Comments on the proposed
rulemaking were due on or before March 14, 2019. EPA received no
comments on the proposed action.
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's
Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas
Turbines, effective April 20, 2003, which adds exemptions for emission
standards for certain electric generating units, and Georgia Rule 391-
3-1.02(5)--Open Burning, also effective April 20, 2003,\3\ which adds,
clarifies and removes several types of activities to the open burning
exception list, revises specific county restrictions and removes the
prohibition on open burning during an air pollution episode. 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
[[Page 24394]]
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.\4\
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\3\ The effective date of the change to Rule 391-3-1-.02(5) made
in Georgia's April 11, 2003, SIP revision is April 20, 2003.
However, for purposes of the state-effective date at 40 CFR
52.570(c), that change to Georgia's rule is captured and superseded
by Georgia's update in a November 6, 2006 (state-effective July 13,
2006), SIP revision, which EPA previously approved on February 9,
2010 (75 FR 6309).
\4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to the Georgia SIP
found in Georgia Rules 391-3-1-.02(2)(nnn) and 391-3-1.02(5) submitted
on April 11, 2003. For the reasons explained in EPA's February 12, 2019
NPRM (84 FR 3354), EPA has concluded that these changes are consistent
with the CAA and its implementing regulations, and will not interfere
with any applicable requirement concerning attainment and reasonable
further progress (as defined in section 7501 of the Act). See 42 U.S.C.
7410(l).
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 July 29, 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: May 14, 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 entries ``391-3-1-.02(2)(nnn)'' and ``391-3-1-.02(5)'' 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
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emission Standards
----------------------------------------------------------------------------------------------------------------
[[Page 24395]]
* * * * * * *
391-3-1-.02(2)(nnn).............. NOX Emissions from 4/20/2003 5/28/2019, [insert
Large Stationary Federal Register
Gas Turbines. citation].
* * * * * * *
391-3-1-.02(5)................... Open Burning....... 7/13/2006 5/28/2019, [insert Except subparagraph
Federal Register 391-3-1-.02(5)(c),
citation]. which was approved
on July 10, 2001,
with a state-
effective date of
August 16, 2000.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-10969 Filed 5-24-19; 8:45 am]
BILLING CODE 6560-50-P
