Air Plan Approval; Georgia; Revisions to Sulfur Dioxide Ambient Air Quality Standards, 57824-57826 [2019-23376]
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
Authority: 42 U.S.C. 7401 et seq.
consistent with the Clean Air Act (CAA
or Act) and Federal regulations.
Subpart F—California
This rule will be effective
November 29, 2019.
DATES:
2. Section 52.220 is amended by
adding paragraphs (c)(28)(iv)(E) and
(c)(527) to read as follows:
■
§ 52.220
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0819. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information may not be 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,
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.
ADDRESSES:
Identification of plan-in part.
*
*
*
*
*
(c) * * *
(28) * * *
(iv) * * *
(E) Previously approved on May 11,
1977 in paragraph (c)(28)(iv)(A) of this
section and now deleted with
replacement in paragraph
(c)(527)(i)(A)(1) of this section, Rule
408, ‘‘Source Recordkeeping and
Reporting,’’ effective December 16,
1974.
*
*
*
*
*
(527) New regulations for the
following APCDs were submitted on
November 21, 2018 by the Governor’s
designee.
(i) Incorporation by reference. (A)
Calaveras County Air Pollution Control
District.
(1) Rule 513, ‘‘Source Recordkeeping
and Emission Statement,’’ adopted on
June 26, 2018.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2019–23377 Filed 10–28–19; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0819; FRL–10001–
49–Region 4]
Air Plan Approval; Georgia; Revisions
to Sulfur Dioxide Ambient Air Quality
Standards
Tiereny Bell, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. The telephone number is
(404) 562–9088. Ms. Bell can also be
reached via electronic mail at
bell.tiereny@epa.gov.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Background
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Georgia
through the Georgia Environmental
Protection Division (EPD) through a
letter dated July 31, 2018. EPA is
approving into the SIP a modification to
Georgia’s Ambient Air Quality
Standards regulation. The SIP revision
updates Georgia’s air quality standards
for sulfur dioxide (SO2) to be consistent
with the National Ambient Air Quality
Standards (NAAQS). EPA is approving
the SIP revision because the change is
On June 22, 2010, EPA promulgated a
revised primary SO2 NAAQS. The
revised SO2 NAAQS is an hourly
standard of 75 parts per billion (ppb),
based on a 3-year average of the annual
99th percentile of 1-hour daily
maximum concentrations. The June 22,
2010 action that promulgated the
revised primary SO2 NAAQS also
addressed revocation of the 1971 24hour and annual primary SO2 NAAQS.
See 75 FR 35520. Pursuant to the June
22, 2010 action and 40 CFR 50.4, the
1971 primary SO2 annual and 24-hour
NAAQS will continue to apply in an
area until one year after the effective
date of the designation of that area for
Environmental Protection
Agency (EPA).
ACTION: Final rule.
SUMMARY:
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the 2010 SO2 NAAQS. See 42 U.S.C.
7407; 40 CFR 50.17.1
Accordingly, in the July 31, 2018,2
SIP submittal, Georgia revised Rule
391–3–1–.02(4)(b) to provide clarity that
the 1971 standard continues to apply in
Georgia.3 Specifically, the changes
reflect the historical and current
NAAQS for SO2 and update the former
primary SO2 NAAQS for the 1971
annual and 24-hour ambient air quality
standards to be consistent with the
Federal regulations. The SIP submission
can be found in the docket for this
rulemaking at www.regulations.gov.
In a notice of proposed rulemaking
(NPRM) published on July 2, 2019 (84
FR 31540), EPA proposed to approve the
revision to the Georgia air quality rules
addressing Rule 391–3–1–.02(4),
Ambient Air Standards, into the Georgia
SIP.4 Comments on the NPRM were due
on or before August 1, 2019. EPA
received no comments on the proposed
action. Consistent with the NPRM,
which contains additional detail on the
submittal, EPA’s analysis, and EPA’s
rationale for approval, EPA is now
taking final action to approve the abovereferenced revision.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Georgia Rule 391–3–1–
.02(4), Ambient Air Standards,
paragraph (b) Sulfur Dioxide, Stateeffective July 23, 2018, which updates
the former primary SO2 NAAQS for the
1971 annual and 24-hour ambient air
quality standards to be consistent with
the Federal regulations. 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
1 See 75 FR at 35581. No areas in Georgia were
designated as nonattainment for the 1971 standards
at the time of promulgation of the 2010 1-hour SO2
annual and 24-hour SO2 standards. See id.
2 EPA received the SIP revision on August 2,
2018.
3 See 40 CFR 81.311 for designated areas in the
State of Georgia for the 2010 SO2 standard. EPA
notes that Floyd County is the only county in
Georgia that has not yet been designated for the
2010 SO2 standard, and thus is still subject to the
1971 annual and 24-hour SO2 standards. See 81 FR
45039 (July 12, 2016); 83 FR 1098 (January 9, 2018).
4 As discussed in the NPRM, EPA received
several SIP revisions from Georgia through the July
31, 2018, letter and is considering action on the
additional SIP revisions in separate actions.
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
SIP, have been incorporated by
reference by EPA into that plan, are
fully Federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.5
III. Final Action
EPA is taking final action to approve
the State of Georgia’s July 31, 2018, SIP
submission revising Rule 391–3–1–
.02(4), Ambient Air Standards,
paragraph (b) Sulfur Dioxide. This
revision is consistent with the CAA.
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 final 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 December 30, 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,
Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Dated: October 10, 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 citation for part 52
continues to read as follows:
■
Authority: 42.U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(c), is amended
under Emission Standards by revising
the entry for ‘‘391–3–1-.02(4)’’ to read as
follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED GEORGIA REGULATIONS
State effective
date
State citation
Title/subject
*
391–3–1-.02(4) ..............
*
*
Ambient Air Standards
*
5 See
*
7/23/2018
EPA approval date
Explanation
*
*
10/29/2019, [Insert citation of publication].
*
*
Except paragraphs (a), (c), (d), (e), (f), (g), and
(h), approved on 12/4/2018 with a State-effective date of 7/20/2017.
*
*
*
*
62 FR 27968 (May 22, 1997).
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57826
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Federal Register / Vol. 84, No. 209 / Tuesday, October 29, 2019 / Rules and Regulations
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[FR Doc. 2019–23376 Filed 10–28–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0422; FRL–10000–
88–Region 9]
Air Plan Approval; California; Ventura
County Air Pollution Control District
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the Ventura
County Air Pollution Control District
(VCAPCD) portion of the California
State Implementation Plan (SIP). This
SUMMARY:
Local agency
revision concerns emissions of oxides of
nitrogen (NOX) from natural gas-fired
water heaters. We are approving a local
rule that regulates these emission
sources under the Clean Air Act (CAA
or the Act).
DATES: This rule will be effective on
November 29, 2019.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0422. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., 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 through https://
Rule No.
VCAPCD .........................................................
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action and related
Technical Support Document (TSD)
contain more information on the rule
and our evaluation.
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received no comments.
III. EPA Action
Pursuant to section 110(k)(3) of the
Act and based on the evaluation and
rationale presented in our August 2,
2019 proposed rule, the EPA is taking
final action to approve VCAPCD Rule
74.11 (Natural Gas-Fired Water Heaters)
as a revision to the Ventura County
portion of the California SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
VCAPCD rule described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, this document
available through www.regulations.gov
and at the EPA Region IX Office (please
contact the person identified in the FOR
VerDate Sep<11>2014
17:42 Oct 28, 2019
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74.11
Robert Schwartz, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105. By phone: (415) 972–3286 or by
email at schwartz.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On August 2, 2019 (84 FR 37816), the
EPA proposed to approve the following
rule into the California SIP.
Revised
Natural Gas-Fired Water Heaters ..................
section of
this preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the Clean Air
Act. Accordingly, 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
Frm 00014
FOR FURTHER INFORMATION CONTACT:
Rule title
FURTHER INFORMATION CONTACT
PO 00000
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
Fmt 4700
Sfmt 4700
5/11/2010
Submitted
6/21/2011
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 Clean Air Act;
and
• Does not provide the 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).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where the EPA or
an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
E:\FR\FM\29OCR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 209 (Tuesday, October 29, 2019)]
[Rules and Regulations]
[Pages 57824-57826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23376]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0819; FRL-10001-49-Region 4]
Air Plan Approval; Georgia; Revisions to Sulfur Dioxide Ambient
Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Georgia
through the Georgia Environmental Protection Division (EPD) through a
letter dated July 31, 2018. EPA is approving into the SIP a
modification to Georgia's Ambient Air Quality Standards regulation. The
SIP revision updates Georgia's air quality standards for sulfur dioxide
(SO2) to be consistent with the National Ambient Air Quality
Standards (NAAQS). EPA is approving the SIP revision because the change
is consistent with the Clean Air Act (CAA or Act) and Federal
regulations.
DATES: This rule will be effective November 29, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0819. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information may not be 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, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia
30303-8960. EPA requests that if at all possible, you contact the
person listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-9088. Ms. Bell can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On June 22, 2010, EPA promulgated a revised primary SO2
NAAQS. The revised SO2 NAAQS is an hourly standard of 75
parts per billion (ppb), based on a 3-year average of the annual 99th
percentile of 1-hour daily maximum concentrations. The June 22, 2010
action that promulgated the revised primary SO2 NAAQS also
addressed revocation of the 1971 24-hour and annual primary
SO2 NAAQS. See 75 FR 35520. Pursuant to the June 22, 2010
action and 40 CFR 50.4, the 1971 primary SO2 annual and 24-
hour NAAQS will continue to apply in an area until one year after the
effective date of the designation of that area for the 2010
SO2 NAAQS. See 42 U.S.C. 7407; 40 CFR 50.17.\1\
---------------------------------------------------------------------------
\1\ See 75 FR at 35581. No areas in Georgia were designated as
nonattainment for the 1971 standards at the time of promulgation of
the 2010 1-hour SO2 annual and 24-hour SO2
standards. See id.
---------------------------------------------------------------------------
Accordingly, in the July 31, 2018,\2\ SIP submittal, Georgia
revised Rule 391-3-1-.02(4)(b) to provide clarity that the 1971
standard continues to apply in Georgia.\3\ Specifically, the changes
reflect the historical and current NAAQS for SO2 and update
the former primary SO2 NAAQS for the 1971 annual and 24-hour
ambient air quality standards to be consistent with the Federal
regulations. The SIP submission can be found in the docket for this
rulemaking at www.regulations.gov.
---------------------------------------------------------------------------
\2\ EPA received the SIP revision on August 2, 2018.
\3\ See 40 CFR 81.311 for designated areas in the State of
Georgia for the 2010 SO2 standard. EPA notes that Floyd
County is the only county in Georgia that has not yet been
designated for the 2010 SO2 standard, and thus is still
subject to the 1971 annual and 24-hour SO2 standards. See
81 FR 45039 (July 12, 2016); 83 FR 1098 (January 9, 2018).
---------------------------------------------------------------------------
In a notice of proposed rulemaking (NPRM) published on July 2, 2019
(84 FR 31540), EPA proposed to approve the revision to the Georgia air
quality rules addressing Rule 391-3-1-.02(4), Ambient Air Standards,
into the Georgia SIP.\4\ Comments on the NPRM were due on or before
August 1, 2019. EPA received no comments on the proposed action.
Consistent with the NPRM, which contains additional detail on the
submittal, EPA's analysis, and EPA's rationale for approval, EPA is now
taking final action to approve the above-referenced revision.
---------------------------------------------------------------------------
\4\ As discussed in the NPRM, EPA received several SIP revisions
from Georgia through the July 31, 2018, letter and is considering
action on the additional SIP revisions in separate actions.
---------------------------------------------------------------------------
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 Rule
391-3-1-.02(4), Ambient Air Standards, paragraph (b) Sulfur Dioxide,
State-effective July 23, 2018, which updates the former primary
SO2 NAAQS for the 1971 annual and 24-hour ambient air
quality standards to be consistent with the Federal regulations. 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
[[Page 57825]]
SIP, have been incorporated by reference by EPA into that plan, are
fully Federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\5\
---------------------------------------------------------------------------
\5\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
III. Final Action
EPA is taking final action to approve the State of Georgia's July
31, 2018, SIP submission revising Rule 391-3-1-.02(4), Ambient Air
Standards, paragraph (b) Sulfur Dioxide. This revision is consistent
with the CAA.
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 final 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 December 30, 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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: October 10, 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 citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570(c), is amended under Emission Standards by revising
the entry for ``391-3-1-.02(4)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(4)................. Ambient Air 7/23/2018 10/29/2019, Except paragraphs (a),
Standards. [Insert citation (c), (d), (e), (f),
of publication]. (g), and (h), approved
on 12/4/2018 with a
State-effective date
of 7/20/2017.
* * * * * * *
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[[Page 57826]]
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[FR Doc. 2019-23376 Filed 10-28-19; 8:45 am]
BILLING CODE 6560-50-P
