Air Plan Approval; Georgia; Update to Materials Incorporated by Reference, 45910-45918 [2019-18590]
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
additional collection requirements
under the Paperwork Reduction Act
which are subject to further review by
OMB.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with, a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
Administrative practice and
procedure, Biologics, Courts, Freedom
of information, Inventions and patents,
Reporting and recordkeeping
requirements, Small businesses.
For the reasons set forth in the
preamble, 37 CFR part 1 is amended as
follows:
PART 1—RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:
■
Authority: 35 U.S.C. 2(b)(2), unless
otherwise noted.
2. Section 1.102 is amended by
revising the introductory text of
paragraph (e) to read as follows:
■
Advancement of examination.
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(e) A request for prioritized
examination under this paragraph (e)
must comply with the requirements of
this paragraph (e) and be accompanied
by the prioritized examination fee set
forth in § 1.17(c), the processing fee set
forth in § 1.17(i), and if not already paid,
the publication fee set forth in § 1.18(d).
An application for which prioritized
examination has been requested may
not contain or be amended to contain
more than four independent claims,
more than thirty total claims, or any
multiple dependent claim. Prioritized
examination under this paragraph (e)
will not be accorded to international
applications that have not entered the
national stage under 35 U.S.C. 371,
design applications, reissue
applications, provisional applications,
or reexamination proceedings. A request
for prioritized examination must also
comply with the requirements of
paragraph (e)(1) or (2) of this section. No
more than 12,000 requests for such
prioritized examination will be accepted
in any fiscal year.
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[FR Doc. 2019–18994 Filed 8–30–19; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[GA 2018; FRL–9997–86–Region 4]
List of Subjects in 37 CFR Part 1
§ 1.102
Dated: August 27, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
Air Plan Approval; Georgia; Update to
Materials Incorporated by Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the Georgia state implementation
plan (SIP). The regulations affected by
this update have been previously
submitted by Georgia and approved by
EPA. This update affects the materials
that are available for public inspection
at the National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This action is effective
September 3, 2019.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303; and the
National Archives and Records
Administration. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. To view the
materials at the Region 4 Office, EPA
requests that you email the contact
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.
Mr. Wong can be reached via telephone
at (404) 562–8726 or via electronic mail
at wong.richard@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52 ‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation or specified
changes to the given regulation with a
specific effective date. The public is
referred to the location of the full text
version should they want to know
which measures are contained in a
given SIP. The information provided
allows EPA and the public to monitor
the extent to which a state implements
a SIP to attain and maintain the NAAQS
and to take enforcement action if
necessary.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
proposed revisions containing new and/
or revised state regulations. A
submission from a state can revise one
or more rules in their entirety or
portions of rules, or even change a
single word. The state indicates the
changes in the submission (such as, by
using redline/strikethrough) and EPA
then takes action on the requested
changes. EPA establishes a docket for its
actions using a unique Docket
Identification Number, which is listed
in each action. These dockets and the
complete submission are available for
viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA
revised the procedures for incorporating
by reference, into the Code of Federal
Regulations, materials approved by EPA
into each state SIP. These changes
revised the format for the identification
of the SIP in 40 CFR part 52,
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streamlined the mechanisms for
announcing EPA approval of revisions
to a SIP, and streamlined the
mechanisms for EPA’s updating of the
IBR information contained for each SIP
in 40 CFR part 52. The revised
procedures also called for EPA to
maintain ‘‘SIP Compilations’’ that
contain the federally-approved
regulations and source specific permits
submitted by each state agency. These
SIP Compilations are updated primarily
on an annual basis. Under the revised
procedures, EPA must periodically
publish an informational document in
the rules section of the Federal Register
notifying the public that updates have
been made to a SIP Compilation for a
particular state. EPA applied the 1997
revised procedures to Georgia on May
21, 1999 (64 FR 27699).
II. EPA Action
This action represents EPA’s
publication of the Georgia SIP
Compilation update, appearing in 40
CFR part 52: Specifically, the materials
of paragraph (c) and (d) at 40 CFR
52.570. In addition, this notice also
corrects typographical errors and
provides notice of the following
corrections to Table (c) of § 52.570, as
described below:
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Changes Applicable to EPA-Approved
Georgia Regulations
1. Under the ‘‘EPA approval date’’
column, the period is removed after the
Federal Register citation.
2. Under Rule 391–3–1–.02(2)(ooo),
‘‘Heavy-Duty Diesel Engine
Requirements’’ the entry was deleted
from the table because EPA previously
approved removal of this provision from
the SIP. See 82 FR 22079 (May 12,
2017).
3. Under Rule 391–3–.20, ‘‘Enhanced
Inspection and Maintenance’’ the State
effective date was revised to read ‘‘6/19/
2014’’ and EPA approval date was
revised to read ‘‘4/10/2017, 82 FR
17128.’’
4. Under Rules 391–3–1–.02(2)(a),
391–3–1–.02(7), 391–3–1–.03(2), and
391–3–1–.03(8), the explanation column
was revised to clarify the effect of
previous EPA actions on Georgia’s SIP
submittals.
III. Good Cause Exemption
EPA has determined that this action
falls under the ‘‘good cause’’ exemption
under section 553(b)(3)(B) of the
Administrative Procedure Act (APA)
which, upon finding ‘‘good cause,’’
authorizes agencies to dispense with
public participation and section
553(d)(3) which allows an agency to
make an action effective immediately
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(thereby avoiding the 30-day delayed
effective date otherwise provided for in
the APA). This administrative action
simply codifies provisions which are
already in effect as a matter of law in
Federal and approved state programs
and makes typographical/ministerial
revisions to the tables in the CFR. Under
section 553(b)(3)(B) of the APA, an
agency may find good cause where
public participation procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Public comment
for this administrative action is
‘‘unnecessary’’ and ‘‘contrary to the
public interest’’ since the codification
(and typographical corrections) only
reflect existing law and the revisions are
ministerial in nature. Immediate notice
of this action in the Federal Register
benefits the public by providing the
public notice of the updated Georgia SIP
Compilation and notice of typographical
corrections and ministerial changes to
the Georgia ‘‘Identification of Plan’’
portion of the Federal Register. Further,
pursuant to section 553(d)(3), making
this action immediately effective
benefits the public by immediately
updating both the SIP Compilation and
the CFR ‘‘Identification of plan’’ section
(which includes table entry corrections).
IV. 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 previously EPAapproved regulations promulgated by
Georgia and federally-effective prior to
October 1, 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).
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this notice of
administrative change 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
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45911
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
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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).
EPA also believes that the provisions
of section 307(b)(1) of the CAA
pertaining to petitions for judicial
review are not applicable to this action.
This is because prior EPA rulemaking
actions for each individual component
of the Georgia SIP compilation
previously afforded interested parties
the opportunity to file a petition for
judicial review in the United States
Court of Appeals for the appropriate
circuit within 60 days of such
rulemaking action. Thus, EPA believes
judicial review of this action under
section 307(b)(1) is not available.
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 29, 2019
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52, is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority for citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, paragraphs (b), (c), and
(d) are revised to read as follows:
■
§ 52.570
Identification of plan.
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(b) Incorporation by reference. (1)
Material listed in paragraphs (c) and (d)
of this section with an EPA approval
date prior to October 1, 2018, was
approved for incorporation by reference
by the Director of the Federal Register
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated
as it exists on the date of the approval,
and notice of any change in the material
will be published in the Federal
Register. Entries in paragraph (c) and (d)
of this section with EPA approval dates
after October 1, 2018, for Georgia will be
incorporated by reference in the next
update to the SIP compilation.
(2) EPA Region 4 certifies that the
rules/regulations provided by EPA in
the SIP compilation at the addresses in
paragraph (b)(3) of this section are an
exact duplicate of the officially
promulgated State rules/regulations
which have been approved as part of the
State Implementation Plan as of the
dates referenced in paragraph (b)(1) of
this section.
(3) Copies of the materials
incorporated by reference may be
inspected at the Region 4 EPA Office at
61 Forsyth Street SW, Atlanta, GA
30303. To obtain the material, please
call (404) 562–9022. You may inspect
the material with an EPA approval date
prior to October 1, 2018, for Georgia at
the National Archives and Records
Administration. For information on the
availability of this material at NARA go
to: https://www.archives.gov/federalregister/cfr/ibr-locations.html.
(c) EPA Approved Georgia
Regulations.
EPA APPROVED GEORGIA REGULATIONS
State citation
Title/subject
391–3–1–.01 ..........
Definitions ..............
State effective
date
7/20/2017
EPA approval date
12/4/2018, 83 FR
62466.
391–3–1–.02 ..........
391–3–1–.02(1) ......
Provisions
General Requirements.
3/20/1979
9/18/1979, 44 FR
54047.
391–3–1–.02(2) ......
General Provisions
8/1/2013
391–3–1–.02(2)(b)
Visible Emissions ...
1/17/1979
391–3–1–.02(2)(c) ..
Incinerators ............
8/9/2012
391–3–1–.02(2)(d)
Fuel-burning Equipment.
Particulate Emission from Manufacturing Processes.
Normal Superphosphate Manufacturing Facilities.
Sulfur Dioxide ........
7/20/2005
391–3–1–.02(2)(f) ..
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Emission Standards
391–3–1–.02(2)(a)
391–3–1–.02(2)(e)
391–3–1–.02(2)(g)
391–3–1–.02(2)(h)
8/1/2013
9/18/1979, 44 FR
54047.
7/17/2002
7/9/2003, 68 FR
40786.
9/18/1979, 44 FR
54047.
9/18/1979, 44 FR
54047.
9/18/1979, 44 FR
54047.
1/17/1979
391–3–1–.02(2)(i) ...
391–3–1–.02(2)(j) ...
Sulfuric Acid Plants
1/17/1979
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7/28/2017, 82 FR
35106.
9/18/1979, 44 FR
54047.
4/9/2013, 78 FR
21065.
2/9/2009, 75 FR
6309.
7/28/2017, 82 FR
35106.
1/17/1979
Portland Cement
Plants.
Nitric Acid Plants ...
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Explanation
1/17/1979
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Except for paragraph 391–3–1–.02(2)(a)1 (as approved on
3/16/2006).
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EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
Title/subject
391–3–1–.02(2)(k) ..
Particulate Emission from Asphaltic Concrete Hot
Mix Plants.
Fugitive Dust ..........
391–3–1–.02(2)(n)
391–3–1–.02(2)(p)
9/18/1979, 44 FR
54047.
1/17/1979
9/18/1979, 44 FR
54047.
7/28/2017, 82 FR
35106.
391–3–1–.02(2)(dd)
391–3–1–.02(2)(ee)
Petroleum Refinery
1/9/1991
391–3–1–.02(2)(ff)
Solvent Metal
Cleaning.
Kraft Pulp Mills .......
5/29/1996
Petroleum Refinery
Equipment Leaks.
VOC Emissions
from Surface
Coating of Miscellaneous Metal
Parts and Products.
VOC Emissions
from Surface
Coating of Flat
Wood Paneling.
6/24/1994
391–3–1–.02(2)(r) ..
391–3–1–.02(2)(t) ..
391–3–1–.02(2)(u)
391–3–1–.02(2)(v) ..
391–3–1–.02(2)(w)
391–3–1–.02(2)(x) ..
391–3–1–.02(2)(y) ..
391–3–1–.02(2)(z) ..
391–3–1–.02(2)(aa)
391–3–1–.02(2)(bb)
391–3–1–.02(2)(cc)
391–3–1–.02(2)(gg)
391–3–1–.02(2)(hh)
391–3–1–.02(2)(ii) ..
391–3–1–.02(2)(jj) ..
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EPA approval date
1/17/1979
Particulate Emissions from Kaolin
and Fuller’s Earth
Processes.
Particulate Emissions from Cotton
Gins.
Particulate Emissions from
Granular and
Mixed Fertilizer
Manufacturing
Units.
VOC Emissions
from Automobile
and Light Duty
Truck Manufacturing.
VOC Emissions
from Can Coating.
VOC Emissions
from Coil Coating.
VOC Emissions
from Paper Coating.
VOC Emissions
from Fabric and
Vinyl Coating.
VOC Emissions
from Metal Furniture Coating.
VOC Emissions
from Large Appliance Surface
Coating.
VOC Emissions
from Wire Coating.
Petroleum Liquid
Storage.
Bulk Gasoline Terminals.
Cutback Asphalt .....
391–3–1–.02(2)(q)
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State effective
date
8/1/2013
8/1/2013
7/28/2017, 82 FR
35106.
1/27/1972
5/31/1972, 37 FR
10842.
3/7/2012
9/28/2012, 77 FR
59554.
9/16/1992
9/28/2012, 77 FR
59554.
9/28/2012, 77 FR
59554.
9/28/2012, 77 FR
59554.
9/16/1992
3/7/2012
9/16/1992
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
9/16/1992
9/28/2012, 77 FR
59554.
1/9/1991
10/13/1992, 57 FR
46780.
10/13/1992, 57 FR
46780.
9/18/1979, 44 FR
54047.
10/13/1992, 57 FR
46780.
4/26/1999, 64 FR
20186.
7/28/2017, 82 FR
35106.
2/2/1996, 61 FR
3817.
9/28/2012, 77 FR
59554.
1/9/1991
1/17/1979
8/1/2013
3/7/2012
3/7/2012
PO 00000
Explanation
9/28/2012, 77 FR
59554.
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EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
Title/subject
391–3–1–.02(2)(kk)
VOC Emissions
from Synthesized
Pharmaceutical
Manufacturing.
VOC Emissions
from the Manufacture of Pneumatic Rubber
Tires.
VOC Emissions
from Graphic Arts
Systems.
VOC Emissions
from External
Floating Roof
Tanks.
Fiberglass Insulation Manufacturing Plants.
Bulk Gasoline
Plants.
VOC Emissions
from Large Petroleum Dry Cleaners.
Gasoline Dispensing Facilities—Stage I.
Gasoline Transport
Systems and
Vapor Collection
Systems.
VOC Emissions
from Major
Sources.
Visibility Protection
391–3–1–.02(2)(ll) ..
391–3–1–
.02(2)(mm).
391–3–1–.02(2)(nn)
391–3–1–.02(2)(oo)
391–3–1–.02(2)(pp)
391–3–1–.02(2)(qq)
391–3–1–.02(2)(rr)
391–3–1–.02(2)(ss)
391–3–1–.02(2)(tt)
391–3–1–.02(2)(uu)
391–3–1–.02(2)(vv)
391–3–1–.02(2)(yy)
391–3–1–
.02(2)(ccc)..
391–3–1–
.02(2)(ddd).
391–3–1–
.02(2)(eee).
391–3–1–.02(2)(fff)
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391–3–1–
.02(2)(hhh).
391–3–1–.02(2)(jjj)
391–3–1–
.02(2)(kkk).
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Volatile Organic
Liquid Handling
and Storage.
Emissions of Nitrogen Oxides from
Major Sources.
VOC Emissions
from Bulk Mixing
Tanks.
VOC Emissions
from Offset Lithography and
Letterpress.
VOC Emissions
from expanded
Polystyrene Products Manufacturing.
Particulate Matter
Emissions from
Yarn Spinning
Operations.
Wood Furniture Finishing and Cleaning Operations.
NOX Emissions
from Electric Utility Steam Generating Units.
VOC Emissions
from Aerospace
Manufacturing
and Rework Facilities.
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State effective
date
EPA approval date
12/18/1980
11/24/1981, 46 FR
57486.
12/18/1980
11/24/1981, 46 FR
57486.
3/7/2012
9/28/2012, 77 FR
59554.
12/18/1980
11/24/1981, 46 FR
57486.
12/18/1980
11/24/1981, 46 FR
57486.
6/8/2008
9/28/2012, 77 FR
59554.
10/13/1992, 57 FR
46780.
4/3/1991
6/8/2008
9/28/2012, 77 FR
59554.
8/1/2013
7/28/2017, 82 FR
35106.
6/8/2008
9/28/2012, 77 FR
59554.
10/31/1985
1/28/1986, 51 FR
3466.
9/28/2012, 77 FR
59554.
4/12/2009
4/12/2009
9/28/2012, 77 FR
59554.
4/12/2009
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
4/12/2009
9/28/2012, 77 FR
59554.
6/15/1998
12/2/1999, 64 FR
67491.
4/12/2009
9/28/2012, 77 FR
59554.
3/12/2007
11/27/2009, 74 FR
62249.
4/12/2009
9/28/2012, 77 FR
59554.
PO 00000
Explanation
Frm 00042
Fmt 4700
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45915
EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
391–3–1–.02(2)(lll)
391–3–1–
.02(2)(mmm).
391–3–1–
.02(2)(nnn).
391–3–1–.02(2)(rrr)
391–3–1–
.02(2)(vvv).
391–3–1–
.02(2)(yyy).
391–3–1–
.02(2)(zzz).
391–3–1–
.02(2)(aaaa).
391–3–1–.02(3) ......
khammond on DSKBBV9HB2PROD with RULES
391–3–1–.02(4) ......
Title/subject
NOX Emissions
from Fuel–burning Equipment.
NOX Emissions
from Stationary
Gas Turbines and
Stationary Engines used to
Generate Electricity.
NOX Emissions
from Large Stationary Gas Turbines.
NOX Emissions
from Small Fuel–
Burning Equipment.
VOC Emissions
from Coating Miscellaneous Plastic
Parts and Products.
VOC Emissions
from the use of
Miscellaneous Industrial Adhesives.
VOC Emissions
from Fiberglass
Boat Manufacturing.
Industrial Cleaning
Solvents.
Sampling ................
State effective
date
4/12/2009
9/28/2012, 77 FR
59554.
5/4/2014
9/1/2015, 80 FR
52627.
2/16/2000
7/10/2001, 66 FR
35906.
4/12/2009
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
3/7/2012
9/28/2012, 77 FR
59554.
12/2/1999, 64 FR
67491.
12/4/2018, 83 FR
62466.
2/9/2010, 75 FR
6309.
7/28/2017, 82 FR
35108.
12/14/2018, 83 FR
64285.
6/15/1998
7/20/2017
391–3–1–.02(5) ......
Ambient Air Standards.
Open Burning ........
391–3–1–.02(6) ......
Source Monitoring ..
8/1/2013
391–3–1–.02(7) ......
Prevention of Significant Deterioration of Air Quality
(PSD).
7/20/2017
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
EPA approval date
7/13/2006
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
Explanation
Except for the automatic rescission clause at 391–3–1–
.02(7)(a)(2)(iv), which EPA disapproved on March 4,
2016.
Except for portions of Rule 391–3–1–.02(7) incorporating by
reference
40
CFR
52.21(b)(1)(i)(a),
40
CFR
52.21(b)(1)(iii)(t), 40 CFR 52.21(b)(2)(v), and 40 CFR
52.21(b)(3)(iii)(c), because those CFR provisions were indefinitely stayed by the Fugitive Emissions Rule in the
March 30, 2011 rulemaking and have not been approved
into the Georgia SIP.
Except for portions of Rule 391–3–1–.02(7) incorporating by
reference the exemption of ethanol production facilities
that produce ethanol by natural fermentation from the requirement to include fugitive emissions in determining
major source applicability at 40 CFR 52.21(b)(1)(i)(a) and
40 CFR 52.21(b)(1)(iii)(t). Those provisions have not been
approved into the Georgia SIP.
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
Title/subject
State effective
date
EPA approval date
Explanation
................................
................................
........................
................................
On September 9, 2011 Georgia’s PSD Rule 391–3–1–.02(7)
incorporates by reference the regulations found at 40
CFR 52.21 as of June 3, 2010, with changes. This EPA
action is approving the incorporation by reference with the
exception of the following provisions: (1) The provisions
amended in the Ethanol Rule which exclude facilities that
produce ethanol through a natural fermentation process
from the definition of ‘‘chemical process plants’’ in the
major NSR source permitting program found at 40 CFR
52.21(b)(1)(i)(a) and (b)(1)(iii)(t); and (2) the administrative regulations amended in the Fugitive Emissions Rule.
Additionally, this EPA action is not approving the ‘‘automatic
rescission
clause’’
provision
at
391–3–
1.02(7)(a)2.(iv). This rule contains NOX as a precursor to
ozone for PSD and NSR.
391–3–1–.02(11) ....
Compliance Assurance Monitoring.
Cross State Air Pollution Rule NOX
Annual Trading
Program.
Cross State Air Pollution Rule SO2
Annual Trading
Program.
Cross State Air Pollution Rule NOX
Ozone Season
Trading Program.
6/15/1998
391–3–1–.02(12) ....
391–3–1–.02(13) ....
391–3–1–.02(14) ....
7/20/2017
12/2/1999, 64 FR
67491.
10/13/2017, 82 FR
47930.
7/20/2017
10/13/2017, 82 FR
47930.
7/20/2017
10/13/2017, 82 FR
47930.
391–3–1–.03 ..........
391–3–1–.03(1) ......
391–3–1–.03(2) ......
391–3–1–.03(3) ......
391–3–1–.03(4) ......
391–3–1–.03(5) ......
391–3–1–.03(6) ......
391–3–1–.03(7) ......
Construction (SIP)
Permit.
Operating (SIP)
Permit.
Revocation, Suspension, Modification or
Amendment of
Permits.
Permits not Transferable.
Permits Public
Records.
Exemptions ............
8/17/1994
12/26/2001
2/23/1979
11/20/1975
10/28/1992
8/9/2012
391–3–1–.03(11) ....
Combined Permits
and Applications.
Permit Requirements.
Permit by Rule .......
7/20/2005
391–3–1–.03(12) ....
Generic Permit .......
8/17/1994
391–3–1–.03(13) ....
Emission Reduction
Credits.
9/11/2008
391–3–1–.04 ..........
Air Pollution Episodes.
Inspections and Investigations.
Confidentiality of information.
Enforcement ...........
11/20/1975
391–3–1–.03(8) ......
khammond on DSKBBV9HB2PROD with RULES
Permits
391–3–1–.07 ..........
391–3–1–.08 ..........
391–3–1–.09 ..........
391–3–1–.10 ..........
VerDate Sep<11>2014
Continuance of
Prior Rules.
15:43 Aug 30, 2019
Jkt 247001
2/23/1979
8/1/2013
11/20/1975
11/20/1975
11/22/1992
11/22/1992
PO 00000
8/30/1995, 60 FR
45048.
7/11/2002, 67 FR
45909.
9/18/1979, 44 FR
54047.
8/20/1976, 41 FR
35184.
2/2/1996, 61 FR
3819.
4/9/2013, 78 FR
21065.
9/18/1979, 44 FR
54047.
10/16/2017, 82 FR
47993.
2/9/2010, 75 FR
6309.
8/30/1995, 60 FR
45048.
3/14/2019, 84 FR
9240.
Except subparagraph (e), which is not approved into the
SIP.
Except subparagraph (g), which was approved into the SIP
with a state-effective date of 9/13/2011.
Except subparagraph 391–3–1–.03(13)(f), which was approved into the SIP with a state-effective date of 7/18/
2001, and subparagraphs (b), (c), (e), (g), and (i), which
were approved into the SIP with a state-effective date of
2/16/2000.
8/20/1976, 41 FR
35184.
8/20/1976, 41 FR
35184.
8/20/1976, 41 FR
35184.
2/2/1996, 61 FR
3819.
2/2/1996, 61 FR
3819.
Frm 00044
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
EPA APPROVED GEORGIA REGULATIONS—Continued
State citation
Title/subject
391–3–1–.15 ..........
Georgia Transportation Conformity
and Consultation
Interagency Rule.
Enhanced Inspection and Maintenance.
391–3–20 ...............
State effective
date
EPA approval date
10/6/2010
6/15/2012, 77 FR
35866.
6/19/2014
4/10/2017, 82 FR
17128.
Explanation
(d) EPA-Approved State Source
Specific Requirements
EPA APPROVED GEORGIA SOURCE-SPECIFIC REQUIREMENTS
Permit No.
Georgia Power
Plant Bowen.
Georgia Power
Plant Harllee
Branch.
ITT Rayonier, Inc ...
EPD–AQC–180 ......................................
11/17/1980
4911–117–6716–0 .................................
4/23/1980
2631–151–7686–C .................................
11/4/1980
Georgia Power
Plant Bowen.
Union Camp ...........
EPD–AQC–163 ......................................
5/16/1979
2631–025–7379–0 .................................
12/18/1981
Blue Bird Body
Company.
Plant McDonough ..
3713–111–8601 .....................................
1/27/1984
4911–033–5037–0
conditions
10
through 22.
4911–038–4838–0
conditions
19
through 32.
4911–038–4839–0
conditions
16
through 29.
4911–038–4840–0
conditions
16
through 29.
4911–038–4841–0
conditions
16
through 29.
4911–033–1321–0 conditions 8 through
13.
4911–033–1322–0 conditions 8 through
13.
4911–033–6949 conditions 5 through
10.
4911–033–1320–0 conditions 8 through
13.
4911–033–1319–0 conditions 8 through
13.
4911–033–6951 conditions 5 through
10.
4922–028–10902 conditions 20 and 21
12/27/1995
4922–031–10912 conditions 27 and 28
11/15/1994
2631–033–11436 conditions 1
5.
8922–044–10094 conditions 19
26.
3711–044–11453 conditions 1
6 and Attachment A.
2077–058–11226 conditions 16
23 and Attachment A.
3221–060–10576 conditions 26
28 and Attachment A.
through
11/15/1994
through
11/15/1994
through
11/15/1994
through
11/15/1994
through
11/15/1994
Plant Yates .............
Plant Yates .............
Plant Yates .............
Plant Yates .............
Plant Atkinson ........
Plant Atkinson ........
Plant Atkinson ........
Plant Atkinson ........
Plant Atkinson ........
Plant McDonough ..
Atlanta Gas Light
Company.
Atlanta Gas Light
Company.
Austell Box Board
Corporation.
Emory University ....
khammond on DSKBBV9HB2PROD with RULES
State effective
date
Name of source
General Motors
Corporation.
Georgia Proteins
Company.
Owens-Brockway
Glass Container,
Inc.
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
PO 00000
Frm 00045
12/27/1995
12/27/1995
12/27/1995
12/27/1995
11/15/1994
11/15/1994
11/15/1994
11/15/1994
11/15/1994
11/15/1994
11/15/1994
Fmt 4700
Sfmt 4700
EPA approval date
Comments
8/17/1981, 46 FR
41498.
5/5/1981, 46 FR
25092.
8/14/1981, 46 FR
41050.
1/3/1980, 45 FR
781.
4/13/1982, 47 FR
15794.
1/7/1985, 50 FR
765.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
3/18/1999, 64 FR
13348.
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Federal Register / Vol. 84, No. 170 / Tuesday, September 3, 2019 / Rules and Regulations
EPA APPROVED GEORGIA SOURCE-SPECIFIC REQUIREMENTS—Continued
Permit No.
Owens-Corning Fiberglass Corporation.
3296–060–10079 conditions 25 through
29.
*
*
*
*
*
[FR Doc. 2019–18590 Filed 8–30–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2019–0403; FRL–9998–96–
Region 10]
Air Plan Approval: ID; Update to CRB
Fee Billing Procedures
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve state implementation
plan (SIP) revisions submitted by the
State of Idaho’s Department of
Environmental Quality on June 5, 2019.
The revisions implement changes to the
timing of when fees for open burning of
crop residue are paid. The changes
provide Idaho Department of
Environmental Quality a more
streamlined administrative process and
were based on recommendation from
Idaho’s Crop Residue Advisory
Committee.
DATES: This rule is effective on
November 4, 2019, without further
notice, unless the EPA receives adverse
comment by October 3, 2019. If the EPA
receives adverse comment, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R10–
OAR–2019–0403 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from 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
SUMMARY:
khammond on DSKBBV9HB2PROD with RULES
State effective
date
Name of source
VerDate Sep<11>2014
15:43 Aug 30, 2019
Jkt 247001
11/15/1994
EPA approval date
3/18/1999, 64 FR
13348.
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, 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:
Randall Ruddick at (206) 553–1999, or
ruddick.randall@epa.gov, U.S.
Environmental Protection Agency,
Region 10, 1200 6th Avenue, Suite 155–
15–H13, Seattle, WA 98101–3188.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Analysis of Rule Updates
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Background
In 2013, the EPA approved revisions
related to Idaho’s open burning and
crop residue burning requirements that
established a streamlined permitting
process for spot burns, baled
agricultural residue burns, and propane
flaming. The revisions also made minor
changes to the existing crop residue
burning rules to update cross references
and clarify certain administrative
information. More information
regarding the revisions that the EPA
approved in 2013 can be found in the
EPA’s proposed and final actions on the
state’s 2011 SIP submittal. See 78 FR
2359 (January 11, 2013) and 78 FR
16790 (March 19, 2013).
II. Analysis of Rule Updates
On June 5, 2019, Idaho submitted a
SIP revision request to the EPA. The SIP
submittal contains two revisions to the
federally-approved crop residue burning
(CRB) rules. The two revisions were
conducted through Idaho’s negotiated
rulemaking process involving persons
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
Comments
having an interest in the development of
the revisions and based on
recommendations from the Idaho Crop
Residue Advisory Committee.
Specifically, the June 5, 2019, SIP
submittal contains revisions to IDAPA
58.01.01.620.01, .02, and Idaho Code
39–114.
Fee due dates in IDAPA
58.01.01.620.01 were changed from ‘‘at
least seven (7) days prior to the
proposed burn date’’ to ‘‘within thirty
(30) days following the receipt of the
annual burn fee invoice.’’ This revision
does not change the burn fee amounts,
rather it only changes when the fee is
due. Idaho revised IDAPA
58.01.01.620.02 to clarify that IDEQ will
not accept or process registration for a
permit by rule to burn for any person
having burn fees delinquent, in full or
in part. Idaho Code 39–114 (codification
of Idaho Senate Bill 1024, Section 4)
was revised by removing the
requirement that fees be paid for acres
‘‘to be burned’’ and the requirement that
payment be made ‘‘prior to burning’’ to
align with revisions to IDAPA
58.01.01.620.01.
These revisions do not change fee
structure amounts and do not change
the timing of the fee payment for spot
and bale burn permits required under
IDAPA 58.01.01.624.02.a. All other CRB
requirements remain unchanged.
III. Final Action
EPA is approving, and incorporating
by reference in Idaho’s SIP, revisions to
Idaho’s CRB fee regulations as requested
by Idaho on June 5, 2019 to the
following provisions:
• IDAPA 58.01.01.620 (Burn Fee,
state effective April 11, 2019); and
• Idaho Code 39–114 (Open Burning
of Crop Residue, state effective February
26, 2019).
We have determined that the
submitted SIP revisions are consistent
with section 110 of the Clean Air Act
(CAA).
IV. Incorporation by Reference
In this rule, the EPA is approving
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, we are incorporating by reference
the provisions described above in
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Agencies
[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45910-45918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18590]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA 2018; FRL-9997-86-Region 4]
Air Plan Approval; Georgia; Update to Materials Incorporated by
Reference
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notification of administrative change.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is updating the
materials that are incorporated by reference (IBR) into the Georgia
state implementation plan (SIP). The regulations affected by this
update have been previously submitted by Georgia and approved by EPA.
This update affects the materials that are available for public
inspection at the National Archives and Records Administration (NARA)
and the EPA Regional Office.
DATES: This action is effective September 3, 2019.
ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, GA 30303; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html. To view the materials at the Region 4
Office, EPA requests that you email the contact 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. Mr. Wong can be reached
via telephone at (404) 562-8726 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the control measures and strategies
used to attain and maintain the national ambient air quality standards
(NAAQS). The SIP is extensive, containing such elements as air
pollution control regulations, emission inventories, monitoring
networks, attainment demonstrations, and enforcement mechanisms.
Each state must formally adopt the control measures and strategies
in the SIP after the public has had an opportunity to comment on them
and then submit the proposed SIP revisions to EPA. Once these control
measures and strategies are approved by EPA, and after notice and
comment, they are incorporated into the federally-approved SIP and are
identified in part 52 ``Approval and Promulgation of Implementation
Plans,'' title 40 of the Code of Federal Regulations (40 CFR part 52).
The full text of the state regulation approved by EPA is not reproduced
in its entirety in 40 CFR part 52, but is ``incorporated by
reference.'' This means that EPA has approved a given state regulation
or specified changes to the given regulation with a specific effective
date. The public is referred to the location of the full text version
should they want to know which measures are contained in a given SIP.
The information provided allows EPA and the public to monitor the
extent to which a state implements a SIP to attain and maintain the
NAAQS and to take enforcement action if necessary.
The SIP is a living document which the state can revise as
necessary to address the unique air pollution problems in the state.
Therefore, EPA from time to time must take action on proposed revisions
containing new and/or revised state regulations. A submission from a
state can revise one or more rules in their entirety or portions of
rules, or even change a single word. The state indicates the changes in
the submission (such as, by using redline/strikethrough) and EPA then
takes action on the requested changes. EPA establishes a docket for its
actions using a unique Docket Identification Number, which is listed in
each action. These dockets and the complete submission are available
for viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA revised the procedures for
incorporating by reference, into the Code of Federal Regulations,
materials approved by EPA into each state SIP. These changes revised
the format for the identification of the SIP in 40 CFR part 52,
[[Page 45911]]
streamlined the mechanisms for announcing EPA approval of revisions to
a SIP, and streamlined the mechanisms for EPA's updating of the IBR
information contained for each SIP in 40 CFR part 52. The revised
procedures also called for EPA to maintain ``SIP Compilations'' that
contain the federally-approved regulations and source specific permits
submitted by each state agency. These SIP Compilations are updated
primarily on an annual basis. Under the revised procedures, EPA must
periodically publish an informational document in the rules section of
the Federal Register notifying the public that updates have been made
to a SIP Compilation for a particular state. EPA applied the 1997
revised procedures to Georgia on May 21, 1999 (64 FR 27699).
II. EPA Action
This action represents EPA's publication of the Georgia SIP
Compilation update, appearing in 40 CFR part 52: Specifically, the
materials of paragraph (c) and (d) at 40 CFR 52.570. In addition, this
notice also corrects typographical errors and provides notice of the
following corrections to Table (c) of Sec. 52.570, as described below:
Changes Applicable to EPA-Approved Georgia Regulations
1. Under the ``EPA approval date'' column, the period is removed
after the Federal Register citation.
2. Under Rule 391-3-1-.02(2)(ooo), ``Heavy-Duty Diesel Engine
Requirements'' the entry was deleted from the table because EPA
previously approved removal of this provision from the SIP. See 82 FR
22079 (May 12, 2017).
3. Under Rule 391-3-.20, ``Enhanced Inspection and Maintenance''
the State effective date was revised to read ``6/19/2014'' and EPA
approval date was revised to read ``4/10/2017, 82 FR 17128.''
4. Under Rules 391-3-1-.02(2)(a), 391-3-1-.02(7), 391-3-1-.03(2),
and 391-3-1-.03(8), the explanation column was revised to clarify the
effect of previous EPA actions on Georgia's SIP submittals.
III. Good Cause Exemption
EPA has determined that this action falls under the ``good cause''
exemption under section 553(b)(3)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation and section 553(d)(3) which allows
an agency to make an action effective immediately (thereby avoiding the
30-day delayed effective date otherwise provided for in the APA). This
administrative action simply codifies provisions which are already in
effect as a matter of law in Federal and approved state programs and
makes typographical/ministerial revisions to the tables in the CFR.
Under section 553(b)(3)(B) of the APA, an agency may find good cause
where public participation procedures are ``impracticable, unnecessary,
or contrary to the public interest.'' Public comment for this
administrative action is ``unnecessary'' and ``contrary to the public
interest'' since the codification (and typographical corrections) only
reflect existing law and the revisions are ministerial in nature.
Immediate notice of this action in the Federal Register benefits the
public by providing the public notice of the updated Georgia SIP
Compilation and notice of typographical corrections and ministerial
changes to the Georgia ``Identification of Plan'' portion of the
Federal Register. Further, pursuant to section 553(d)(3), making this
action immediately effective benefits the public by immediately
updating both the SIP Compilation and the CFR ``Identification of
plan'' section (which includes table entry corrections).
IV. 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 previously
EPA-approved regulations promulgated by Georgia and federally-effective
prior to October 1, 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).
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
notice of administrative change 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
[[Page 45912]]
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).
EPA also believes that the provisions of section 307(b)(1) of the
CAA pertaining to petitions for judicial review are not applicable to
this action. This is because prior EPA rulemaking actions for each
individual component of the Georgia SIP compilation previously afforded
interested parties the opportunity to file a petition for judicial
review in the United States Court of Appeals for the appropriate
circuit within 60 days of such rulemaking action. Thus, EPA believes
judicial review of this action under section 307(b)(1) is not
available.
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 29, 2019
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52, is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority for 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, paragraphs (b), (c), and (d) are revised to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to October
1, 2018, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraph (c) and (d) of this section with
EPA approval dates after October 1, 2018, for Georgia will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1) of
this section.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta,
GA 30303. To obtain the material, please call (404) 562-9022. You may
inspect the material with an EPA approval date prior to October 1,
2018, for Georgia at the National Archives and Records Administration.
For information on the availability of this material at NARA go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(c) EPA Approved Georgia Regulations.
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01............... Definitions...... 7/20/2017 12/4/2018, 83 FR
62466.
----------------------------------------------------------------------------------------------------------------
391-3-1-.02............... Provisions
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(1)............ General 3/20/1979 9/18/1979, 44 FR
Requirements. 54047.
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(2)............ Emission Standards
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(2)(a)......... General 8/1/2013 7/28/2017, 82 FR Except for paragraph 391-3-1-
Provisions. 35106. .02(2)(a)1 (as approved on 3/
16/2006).
391-3-1-.02(2)(b)......... Visible Emissions 1/17/1979 9/18/1979, 44 FR
54047.
391-3-1-.02(2)(c)......... Incinerators..... 8/9/2012 4/9/2013, 78 FR
21065.
391-3-1-.02(2)(d)......... Fuel-burning 7/20/2005 2/9/2009, 75 FR
Equipment. 6309.
391-3-1-.02(2)(e)......... Particulate 8/1/2013 7/28/2017, 82 FR
Emission from 35106.
Manufacturing
Processes.
391-3-1-.02(2)(f)......... Normal 1/17/1979 9/18/1979, 44 FR
Superphosphate 54047.
Manufacturing
Facilities.
391-3-1-.02(2)(g)......... Sulfur Dioxide... 7/17/2002 7/9/2003, 68 FR
40786.
391-3-1-.02(2)(h)......... Portland Cement 1/17/1979 9/18/1979, 44 FR
Plants. 54047.
391-3-1-.02(2)(i)......... Nitric Acid 1/17/1979 9/18/1979, 44 FR
Plants. 54047.
391-3-1-.02(2)(j)......... Sulfuric Acid 1/17/1979 9/18/1979, 44 FR
Plants. 54047.
[[Page 45913]]
391-3-1-.02(2)(k)......... Particulate 1/17/1979 9/18/1979, 44 FR
Emission from 54047.
Asphaltic
Concrete Hot Mix
Plants.
391-3-1-.02(2)(n)......... Fugitive Dust.... 1/17/1979 9/18/1979, 44 FR
54047.
391-3-1-.02(2)(p)......... Particulate 8/1/2013 7/28/2017, 82 FR
Emissions from 35106.
Kaolin and
Fuller's Earth
Processes.
391-3-1-.02(2)(q)......... Particulate 8/1/2013 7/28/2017, 82 FR
Emissions from 35106.
Cotton Gins.
391-3-1-.02(2)(r)......... Particulate 1/27/1972 5/31/1972, 37 FR
Emissions from 10842.
Granular and
Mixed Fertilizer
Manufacturing
Units.
391-3-1-.02(2)(t)......... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Automobile 59554.
and Light Duty
Truck
Manufacturing.
391-3-1-.02(2)(u)......... VOC Emissions 9/16/1992 9/28/2012, 77 FR
from Can Coating. 59554.
391-3-1-.02(2)(v)......... VOC Emissions 9/16/1992 9/28/2012, 77 FR
from Coil 59554.
Coating.
391-3-1-.02(2)(w)......... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Paper 59554.
Coating.
391-3-1-.02(2)(x)......... VOC Emissions 9/16/1992 9/28/2012, 77 FR
from Fabric and 59554.
Vinyl Coating.
391-3-1-.02(2)(y)......... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Metal 59554.
Furniture
Coating.
391-3-1-.02(2)(z)......... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Large 59554.
Appliance
Surface Coating.
391-3-1-.02(2)(aa)........ VOC Emissions 9/16/1992 9/28/2012, 77 FR
from Wire 59554.
Coating.
391-3-1-.02(2)(bb)........ Petroleum Liquid 1/9/1991 10/13/1992, 57
Storage. FR 46780.
391-3-1-.02(2)(cc)........ Bulk Gasoline 1/9/1991 10/13/1992, 57
Terminals. FR 46780.
391-3-1-.02(2)(dd)........ Cutback Asphalt.. 1/17/1979 9/18/1979, 44 FR
54047.
391-3-1-.02(2)(ee)........ Petroleum 1/9/1991 10/13/1992, 57
Refinery. FR 46780.
391-3-1-.02(2)(ff)........ Solvent Metal 5/29/1996 4/26/1999, 64 FR
Cleaning. 20186.
391-3-1-.02(2)(gg)........ Kraft Pulp Mills. 8/1/2013 7/28/2017, 82 FR
35106.
391-3-1-.02(2)(hh)........ Petroleum 6/24/1994 2/2/1996, 61 FR
Refinery 3817.
Equipment Leaks.
391-3-1-.02(2)(ii)........ VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Surface 59554.
Coating of
Miscellaneous
Metal Parts and
Products.
391-3-1-.02(2)(jj)........ VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Surface 59554.
Coating of Flat
Wood Paneling.
[[Page 45914]]
391-3-1-.02(2)(kk)........ VOC Emissions 12/18/1980 11/24/1981, 46
from Synthesized FR 57486.
Pharmaceutical
Manufacturing.
391-3-1-.02(2)(ll)........ VOC Emissions 12/18/1980 11/24/1981, 46
from the FR 57486.
Manufacture of
Pneumatic Rubber
Tires.
391-3-1-.02(2)(mm)........ VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Graphic 59554.
Arts Systems.
391-3-1-.02(2)(nn)........ VOC Emissions 12/18/1980 11/24/1981, 46
from External FR 57486.
Floating Roof
Tanks.
391-3-1-.02(2)(oo)........ Fiberglass 12/18/1980 11/24/1981, 46
Insulation FR 57486.
Manufacturing
Plants.
391-3-1-.02(2)(pp)........ Bulk Gasoline 6/8/2008 9/28/2012, 77 FR
Plants. 59554.
391-3-1-.02(2)(qq)........ VOC Emissions 4/3/1991 10/13/1992, 57
from Large FR 46780.
Petroleum Dry
Cleaners.
391-3-1-.02(2)(rr)........ Gasoline 6/8/2008 9/28/2012, 77 FR
Dispensing 59554.
Facilities--Stag
e I.
391-3-1-.02(2)(ss)........ Gasoline 8/1/2013 7/28/2017, 82 FR
Transport 35106.
Systems and
Vapor Collection
Systems.
391-3-1-.02(2)(tt)........ VOC Emissions 6/8/2008 9/28/2012, 77 FR
from Major 59554.
Sources.
391-3-1-.02(2)(uu)........ Visibility 10/31/1985 1/28/1986, 51 FR
Protection. 3466.
391-3-1-.02(2)(vv)........ Volatile Organic 4/12/2009 9/28/2012, 77 FR
Liquid Handling 59554.
and Storage.
391-3-1-.02(2)(yy)........ Emissions of 4/12/2009 9/28/2012, 77 FR
Nitrogen Oxides 59554.
from Major
Sources.
391-3-1-.02(2)(ccc)....... VOC Emissions 4/12/2009 9/28/2012, 77 FR
from Bulk Mixing 59554.
Tanks.
391-3-1-.02(2)(ddd)....... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Offset 59554.
Lithography and
Letterpress.
391-3-1-.02(2)(eee)....... VOC Emissions 4/12/2009 9/28/2012, 77 FR
from expanded 59554.
Polystyrene
Products
Manufacturing.
391-3-1-.02(2)(fff)....... Particulate 6/15/1998 12/2/1999, 64 FR
Matter Emissions 67491.
from Yarn
Spinning
Operations.
391-3-1-.02(2)(hhh)....... Wood Furniture 4/12/2009 9/28/2012, 77 FR
Finishing and 59554.
Cleaning
Operations.
391-3-1-.02(2)(jjj)....... NOX Emissions 3/12/2007 11/27/2009, 74
from Electric FR 62249.
Utility Steam
Generating Units.
391-3-1-.02(2)(kkk)....... VOC Emissions 4/12/2009 9/28/2012, 77 FR
from Aerospace 59554.
Manufacturing
and Rework
Facilities.
[[Page 45915]]
391-3-1-.02(2)(lll)....... NOX Emissions 4/12/2009 9/28/2012, 77 FR
from Fuel- 59554.
burning
Equipment.
391-3-1-.02(2)(mmm)....... NOX Emissions 5/4/2014 9/1/2015, 80 FR
from Stationary 52627.
Gas Turbines and
Stationary
Engines used to
Generate
Electricity.
391-3-1-.02(2)(nnn)....... NOX Emissions 2/16/2000 7/10/2001, 66 FR
from Large 35906.
Stationary Gas
Turbines.
391-3-1-.02(2)(rrr)....... NOX Emissions 4/12/2009 9/28/2012, 77 FR
from Small Fuel- 59554.
Burning
Equipment.
391-3-1-.02(2)(vvv)....... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Coating 59554.
Miscellaneous
Plastic Parts
and Products.
391-3-1-.02(2)(yyy)....... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from the use of 59554.
Miscellaneous
Industrial
Adhesives.
391-3-1-.02(2)(zzz)....... VOC Emissions 3/7/2012 9/28/2012, 77 FR
from Fiberglass 59554.
Boat
Manufacturing.
391-3-1-.02(2)(aaaa)...... Industrial 3/7/2012 9/28/2012, 77 FR
Cleaning 59554.
Solvents.
391-3-1-.02(3)............ Sampling......... 6/15/1998 12/2/1999, 64 FR
67491.
391-3-1-.02(4)............ Ambient Air 7/20/2017 12/4/2018, 83 FR
Standards. 62466.
391-3-1-.02(5)............ Open Burning..... 7/13/2006 2/9/2010, 75 FR
6309.
391-3-1-.02(6)............ Source Monitoring 8/1/2013 7/28/2017, 82 FR
35108.
391-3-1-.02(7)............ Prevention of 7/20/2017 12/14/2018, 83 Except for the automatic
Significant FR 64285. rescission clause at 391-3-1-
Deterioration of .02(7)(a)(2)(iv), which EPA
Air Quality disapproved on March 4, 2016.
(PSD). Except for portions of Rule 391-
3-1-.02(7) incorporating by
reference 40 CFR
52.21(b)(1)(i)(a), 40 CFR
52.21(b)(1)(iii)(t), 40 CFR
52.21(b)(2)(v), and 40 CFR
52.21(b)(3)(iii)(c), because
those CFR provisions were
indefinitely stayed by the
Fugitive Emissions Rule in the
March 30, 2011 rulemaking and
have not been approved into
the Georgia SIP.
Except for portions of Rule 391-
3-1-.02(7) incorporating by
reference the exemption of
ethanol production facilities
that produce ethanol by
natural fermentation from the
requirement to include
fugitive emissions in
determining major source
applicability at 40 CFR
52.21(b)(1)(i)(a) and 40 CFR
52.21(b)(1)(iii)(t). Those
provisions have not been
approved into the Georgia SIP.
[[Page 45916]]
................. .............. ................ On September 9, 2011 Georgia's
PSD Rule 391-3-1-.02(7)
incorporates by reference the
regulations found at 40 CFR
52.21 as of June 3, 2010, with
changes. This EPA action is
approving the incorporation by
reference with the exception
of the following provisions:
(1) The provisions amended in
the Ethanol Rule which exclude
facilities that produce
ethanol through a natural
fermentation process from the
definition of ``chemical
process plants'' in the major
NSR source permitting program
found at 40 CFR
52.21(b)(1)(i)(a) and
(b)(1)(iii)(t); and (2) the
administrative regulations
amended in the Fugitive
Emissions Rule. Additionally,
this EPA action is not
approving the ``automatic
rescission clause'' provision
at 391-3-1.02(7)(a)2.(iv).
This rule contains NOX as a
precursor to ozone for PSD and
NSR.
391-3-1-.02(11)........... Compliance 6/15/1998 12/2/1999, 64 FR
Assurance 67491.
Monitoring.
391-3-1-.02(12)........... Cross State Air 7/20/2017 10/13/2017, 82
Pollution Rule FR 47930.
NOX Annual
Trading Program.
391-3-1-.02(13)........... Cross State Air 7/20/2017 10/13/2017, 82
Pollution Rule FR 47930.
SO2 Annual
Trading Program.
391-3-1-.02(14)........... Cross State Air 7/20/2017 10/13/2017, 82
Pollution Rule FR 47930.
NOX Ozone Season
Trading Program.
----------------------------------------------------------------------------------------------------------------
391-3-1-.03............... Permits
----------------------------------------------------------------------------------------------------------------
391-3-1-.03(1)............ Construction 8/17/1994 8/30/1995, 60 FR
(SIP) Permit. 45048.
391-3-1-.03(2)............ Operating (SIP) 12/26/2001 7/11/2002, 67 FR Except subparagraph (e), which
Permit. 45909. is not approved into the SIP.
391-3-1-.03(3)............ Revocation, 2/23/1979 9/18/1979, 44 FR
Suspension, 54047.
Modification or
Amendment of
Permits.
391-3-1-.03(4)............ Permits not 11/20/1975 8/20/1976, 41 FR
Transferable. 35184.
391-3-1-.03(5)............ Permits Public 10/28/1992 2/2/1996, 61 FR
Records. 3819.
391-3-1-.03(6)............ Exemptions....... 8/9/2012 4/9/2013, 78 FR
21065.
391-3-1-.03(7)............ Combined Permits 2/23/1979 9/18/1979, 44 FR
and Applications. 54047.
391-3-1-.03(8)............ Permit 8/1/2013 10/16/2017, 82 Except subparagraph (g), which
Requirements. FR 47993. was approved into the SIP with
a state-effective date of 9/13/
2011.
391-3-1-.03(11)........... Permit by Rule... 7/20/2005 2/9/2010, 75 FR
6309.
391-3-1-.03(12)........... Generic Permit... 8/17/1994 8/30/1995, 60 FR
45048.
391-3-1-.03(13)........... Emission 9/11/2008 3/14/2019, 84 FR Except subparagraph 391-3-1-
Reduction 9240. .03(13)(f), which was approved
Credits. into the SIP with a state-
effective date of 7/18/2001,
and subparagraphs (b), (c),
(e), (g), and (i), which were
approved into the SIP with a
state-effective date of 2/16/
2000.
391-3-1-.04............... Air Pollution 11/20/1975 8/20/1976, 41 FR
Episodes. 35184.
391-3-1-.07............... Inspections and 11/20/1975 8/20/1976, 41 FR
Investigations. 35184.
391-3-1-.08............... Confidentiality 11/20/1975 8/20/1976, 41 FR
of information. 35184.
391-3-1-.09............... Enforcement...... 11/22/1992 2/2/1996, 61 FR
3819.
391-3-1-.10............... Continuance of 11/22/1992 2/2/1996, 61 FR
Prior Rules. 3819.
[[Page 45917]]
391-3-1-.15............... Georgia 10/6/2010 6/15/2012, 77 FR
Transportation 35866.
Conformity and
Consultation
Interagency Rule.
391-3-20.................. Enhanced 6/19/2014 4/10/2017, 82 FR
Inspection and 17128.
Maintenance.
----------------------------------------------------------------------------------------------------------------
(d) EPA-Approved State Source Specific Requirements
EPA Approved Georgia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Georgia Power Plant Bowen..... EPD-AQC-180........... 11/17/1980 8/17/1981, 46 FR
41498.
Georgia Power Plant Harllee 4911-117-6716-0....... 4/23/1980 5/5/1981, 46 FR
Branch. 25092.
ITT Rayonier, Inc............. 2631-151-7686-C....... 11/4/1980 8/14/1981, 46 FR
41050.
Georgia Power Plant Bowen..... EPD-AQC-163........... 5/16/1979 1/3/1980, 45 FR
781.
Union Camp.................... 2631-025-7379-0....... 12/18/1981 4/13/1982, 47 FR
15794.
Blue Bird Body Company........ 3713-111-8601......... 1/27/1984 1/7/1985, 50 FR
765.
Plant McDonough............... 4911-033-5037-0 12/27/1995 3/18/1999, 64 FR
conditions 10 through 13348.
22.
Plant Yates................... 4911-038-4838-0 12/27/1995 3/18/1999, 64 FR
conditions 19 through 13348.
32.
Plant Yates................... 4911-038-4839-0 12/27/1995 3/18/1999, 64 FR
conditions 16 through 13348.
29.
Plant Yates................... 4911-038-4840-0 12/27/1995 3/18/1999, 64 FR
conditions 16 through 13348.
29.
Plant Yates................... 4911-038-4841-0 12/27/1995 3/18/1999, 64 FR
conditions 16 through 13348.
29.
Plant Atkinson................ 4911-033-1321-0 11/15/1994 3/18/1999, 64 FR
conditions 8 through 13348.
13.
Plant Atkinson................ 4911-033-1322-0 11/15/1994 3/18/1999, 64 FR
conditions 8 through 13348.
13.
Plant Atkinson................ 4911-033-6949 11/15/1994 3/18/1999, 64 FR
conditions 5 through 13348.
10.
Plant Atkinson................ 4911-033-1320-0 11/15/1994 3/18/1999, 64 FR
conditions 8 through 13348.
13.
Plant Atkinson................ 4911-033-1319-0 11/15/1994 3/18/1999, 64 FR
conditions 8 through 13348.
13.
Plant McDonough............... 4911-033-6951 11/15/1994 3/18/1999, 64 FR
conditions 5 through 13348.
10.
Atlanta Gas Light Company..... 4922-028-10902 11/15/1994 3/18/1999, 64 FR
conditions 20 and 21. 13348.
Atlanta Gas Light Company..... 4922-031-10912 11/15/1994 3/18/1999, 64 FR
conditions 27 and 28. 13348.
Austell Box Board Corporation. 2631-033-11436 11/15/1994 3/18/1999, 64 FR
conditions 1 through 13348.
5.
Emory University.............. 8922-044-10094 11/15/1994 3/18/1999, 64 FR
conditions 19 through 13348.
26.
General Motors Corporation.... 3711-044-11453 11/15/1994 3/18/1999, 64 FR
conditions 1 through 13348.
6 and Attachment A.
Georgia Proteins Company...... 2077-058-11226 11/15/1994 3/18/1999, 64 FR
conditions 16 through 13348.
23 and Attachment A.
Owens-Brockway Glass 3221-060-10576 11/15/1994 3/18/1999, 64 FR
Container, Inc. conditions 26 through 13348.
28 and Attachment A.
[[Page 45918]]
Owens-Corning Fiberglass 3296-060-10079 11/15/1994 3/18/1999, 64 FR
Corporation. conditions 25 through 13348.
29.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-18590 Filed 8-30-19; 8:45 am]
BILLING CODE 6560-50-P