Air Plan Approval; GA; Miscellaneous Revisions, 64427-64430 [2019-25286]
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
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IV. Incorporation by Reference
In this document, as described in the
amendments to 40 CFR part 52 set forth
below, the EPA is removing provisions
of the EPA Approved Maricopa County
rules from the Arizona State
Implementation Plan, which is
incorporated by reference in accordance
with the requirements of 1 CFR part 51.
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
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
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• 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
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. The 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by January 21, 2020.
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,
Ozone, Particulate matter, Reporting
and recordkeeping requirements,
Volatile organic compounds.
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64427
Dated: November 4, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations 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 D—[Amended]
2. Section 52.120 is amended in
paragraph (c), Table 4, by removing the
entries for ‘‘Rule 325,’’ ‘‘Rule 334’’ and
‘‘Rule 339’’.
■
[FR Doc. 2019–25058 Filed 11–21–19; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2018–0711; FRL–10002–
46–Region 4]
Air Plan Approval; GA; Miscellaneous
Revisions
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Georgia,
through the Georgia Environmental
Protection Division (GA EPD) of the
Department of Natural Resources, in
letters dated September 19, 2006, with
a clarification submitted on November
6, 2006, and July 31, 2018. EPA is
approving miscellaneous changes to
several Georgia rules. This action is
being finalized pursuant to the Clean
Air Act (CAA or Act) and its
implementing regulations.
DATES: This rule will be effective
December 23, 2019.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2018–0711. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
SUMMARY:
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
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:
Sean Lakeman, 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.
The telephone number is (404) 562–
9043. Mr. Lakeman can also be reached
via electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
GA EPD submitted a SIP revision
through a letter dated July 31, 2018, to
EPA for review and approval into the
Georgia SIP that contains changes to a
number of Georgia’s air quality rules in
Rule 391–3–1.1 The changes that EPA is
approving into the SIP through this
rulemaking revise Rule 391–3–1–.01,
‘‘Definitions,’’ 2 Rule 391–3–1–.02(2)(c),
‘‘Incinerators,’’ Rule 391–3–1–.03(6),
‘‘Exemptions,’’ and Rule 391–3–1–
.03(11) ‘‘Permits by Rule.’’
See EPA’s June 29, 2017 (82 FR
29418) 3 direct final rule (DFR) and
accompanying June 29, 2017 (82 FR
29469) notice of proposed rulemaking
(NPRM) for further detail on the changes
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1 EPA
received the submittal on August 2, 2018.
The cover letter includes other rule changes that
have been or will be addressed in separate EPA
actions.
2 Consistent with Georgia’s request, EPA is
approving only the changes to the following
definitions: 391–3–1–.01(oo), ‘‘Manager,’’ 391–3–1–
.01(kkk), ‘‘Small Business Compliance Advisory
Panel,’’ 391–3–1–.01(lll), ‘‘Small business stationary
source or facility,’’ and 391–3–1–.01(mmm), ‘‘Small
business stationary source technical and
environmental office.’’
3 EPA published a DFR and accompanying NPRM
to approve changes to Rule 391–3–1–.03(6) and
other changes on June 29, 2017 (82 FR 29418). EPA
received adverse comments on the direct final
rule—though not on the portion of the rule
approving changes to Rule 391–3–1–.03(6)—and
published a document withdrawing the DFR on
August 22, 2017 (82 FR 39671). EPA is finalizing
approval of the changes submitted to 391–3–1–
.03(6) based on the June 29, 2017 (82 FR 29469)
NPRM.
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made in the September 19, 2006,
submittal and EPA’s rationale for
approving the revision. Comments were
due on July 31, 2017. EPA received
adverse comments related to other
portions of the DFR, but withdrew the
entire DFR on August 22, 2017 (82 FR
39671). EPA received no comments on
the changes made to Rule 391–3–1–
.03(6), ‘‘Exemptions.’’ Therefore, EPA is
finalizing approval of those changes in
this action.
See also EPA’s July 10, 2019 (84 FR
32851) NPRM 4 for further detail on the
changes made in the July 31, 2018,
submittal and EPA’s rationale for
approving the revision. Comments were
due on August 9, 2019, and EPA
received no significant, adverse
comments on the NPRM. EPA is
approving these SIP revisions because
they are consistent with the CAA.
II. Incorporation by Reference
In this document, EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation
by reference of Georgia’s air quality
Rules 391–3–1–.01, ‘‘Definitions,’’ 391–
3–1–.02(2)(c), ‘‘Incinerators,’’ and 391–
3–1–.03(11) ‘‘Permits by Rule,’’ State
effective July 23, 2018, and Rule 391–3–
1–.03(6), ‘‘Exemptions,’’ State effective
August 9, 2012,5 which contain
clarifying and administrative edits as
described in the NPRMs. EPA has made,
and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
4 EPA posted a memorandum of record in the
Docket Identification No EPA–R04–OAR–2018–
0711, to provide non-substantive clarification for
two inadvertent errors in the NPRM, related to
characterizing the changes as non-attainment new
source review related in the summary only and
incorrectly listing the state-effective date in the
incorporation by reference section. The changes
were correctly characterized in the remainder of the
NPRM, and the submittal, with the correct effective
date and changes noted, was available during the
comment phase. Please see the memorandum for
more information.
5 In this action, EPA is approving changes to Rule
391–3–1–.03(6), ‘‘Exemptions’’ with a Stateeffective date of July 13, 2006. However, for
purposes of the State-effective date included at 40
CFR 52.570(c), this change to Georgia’s rule is
captured and superseded by EPA’s April 9, 2013 (78
FR 21065) action, which approved changes to Rule
391–3–1–.03(6) with a State-effective date of August
9, 2012. EPA is therefore retaining the later Stateeffective date for Rule 391–3–1–.03(6) at 40 CFR
52.570(c).
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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.6
III. Final Action
EPA is approving the aforementioned
changes to Georgia’s SIP submitted on
September 19, 2006, and August 2,
2018, that make revisions to Rule 391–
3–1–.01, ‘‘Definitions,’’ Rule 391–3–1–
.02(2)(c), ‘‘Incinerators,’’ Rule 391–3–1–
.03(6), ‘‘Exemptions,’’ and Rule 391–3–
1–.03(11) ‘‘Permit by Rule.’’ EPA views
these changes as being 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. These actions merely approve
state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
these actions:
• Are 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);
• Are not an Executive Order 13771
(82 FR 9339, February 2, 2017)
regulatory action because SIP approvals
are exempted under Executive Order
12866;
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are 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.);
• Do 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);
• Do not have federalism implications
as specified in Executive Order 13132
(64 FR 43255, August 10, 1999);
• Are not an economically significant
regulatory action based on health or
6 See
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62 FR 27968 (May 22, 1997).
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Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Rules and Regulations
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are 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
• Do 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 January 21, 2020. 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).
reference, Intergovernmental relations,
Ozone, Volatile organic compounds.
Dated: November 13, 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 by:
a. Revising the entry for ‘‘391–3–1–
.01’’;
■
b. Revising the entry for ‘‘391–3–1–
.02(2)(c)’’ under the heading ‘‘Emissions
Standards’’; and
■
c. Revising the entries for ‘‘391–3–1–
.03(6)’’ and ‘‘391–3–1-.03(11)’’ under the
heading ‘‘Permits’’.
■
The revisions read as follows:
List of Subjects in 40 CFR Part 52
§ 52.570
Environmental protection, Air
pollution control, Incorporation by
*
*
Identification of plan.
*
*
*
(c) * * *
EPA-APPROVED GEORGIA REGULATIONS
State citation
Title/subject
391–3–1–.01 ....
Definitions ............
*
State effective
date
*
7/23/2018
EPA approval date
Explanation
11/22/2019, [Insert citation
of publication].
*
Except the first paragraph, sections (a)–(nn), (pp)–(ccc),
(eee)–(jjj), (nnn)–(bbbb), (dddd)–(mmmm), (rrrr)–
(ssss), approved on 12/4/2018 with a State-effective
date of 7/20/2017; sections (ddd) and (cccc) - approved on 2/2/1996 with a State-effective date of 11/
20/1994; (nnnn), approved on 1/5/2017 with a Stateeffective date of 8/14/2016; and sections (oooo)–
(qqqq), which are not in the SIP.
*
*
*
*
*
*
*
*
*
*
*
*
*
Emissions Standards
*
391–3–1–
.02(2)(c).
*
Incinerators ..........
*
*
*
7/23/2018
*
11/22/2019, [Insert citation
of publication].
*
*
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Permits
*
391–3–1–.03(6)
VerDate Sep<11>2014
*
Exemptions ..........
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*
8/9/2012
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*
4/9/2013, 78 FR 21065 .......
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EPA-APPROVED GEORGIA REGULATIONS—Continued
State citation
Title/subject
*
391–3–1–
.03(11).
*
Permit by Rule .....
*
*
*
State effective
date
*
7/23/2018
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R03–OAR–2019–0187; FRL–9999–80–
Region 3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; West Virginia; Control of
Emissions From Existing Municipal
Solid Waste Landfills
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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Jkt 250001
Explanation
*
*
*
Except sections (a)–(b)(5) and (b)(7)–(b)(10), approved
on 2/9/2010 with a State-effective date of 7/20/2005;
section (b)(6), approved on 3/13/2000 with a State-effective date of 12/25/1997; and the phrase ‘‘or enforceable as a practical matter’’ in section
.03(11)(b)11.(i), which is not in the SIP.
*
*
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://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, Permits Branch (3AD10),
Air & Radiation Division, U.S.
Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The
telephone number is (215) 814–2039.
Mr. Gordon can also be reached via
electronic mail at gordon.mike@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Environmental Protection
Agency (EPA) is approving a Clean Air
Act (CAA) section 111(d) plan
submitted by the West Virginia
Department of Environmental Protection
(WVDEP). This plan was submitted to
fulfill the requirements of the CAA and
in response to EPA’s promulgation of
Emissions Guidelines and Compliance
Times for municipal solid waste (MSW)
landfills. The West Virginia plan
establishes emission limits for existing
MSW landfills, and provides for the
implementation and enforcement of
those limits.
DATES: This final rule is effective on
December 23, 2019. The incorporation
by reference of certain material listed in
the rule is approved by the Director of
the Federal Register as of December 23,
2019.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA- EPA–R03–OAR–2019–
0187. 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
SUMMARY:
15:48 Nov 21, 2019
*
11/22/2019, [Insert citation
of publication].
*
[FR Doc. 2019–25286 Filed 11–21–19; 8:45 am]
VerDate Sep<11>2014
EPA approval date
On July 1, 2019 (84 FR 31278), EPA
published a notice of proposed
rulemaking (NPRM) for the State of
West Virginia. In the NPRM, EPA
proposed approval of a Clean Air Act
(CAA) section 111(d) plan submitted by
the WVDEP. The formal State Plan was
submitted by West Virginia on
September 13, 2018.
II. Summary of State Plan and EPA
Analysis
EPA has reviewed the West Virginia
section 111(d) plan submittal in the
context of the requirements of 40 CFR
part 60, subparts B and Cf, and part 62,
subpart A. In this action, EPA is
determining that the submitted section
111(d) plan meets the above-cited
requirements. Included within the
section 111(d) plan are regulations
under the West Virginia Code,
specifically, West Virginia legislative
rule 45 C.S.R. 23, entitled ‘‘Control of
Air Pollution from Municipal Solid
Waste Landfills.’’ A detailed
explanation of the rationale behind this
proposed approval is available in the
Technical Support Document (TSD).
Other specific requirements of West
Virginia’s State Plan for MSW landfills
and the rationale for EPA’s proposed
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*
*
action are explained in the NPRM and
will not be restated here. No public
comments were received on the NPRM.
III. Final Action
EPA is approving the West Virginia
section 111(d) plan for MSW landfills
submitted pursuant to 40 CFR part 60,
subpart Cf. Therefore, EPA is amending
40 CFR part 62, subpart XX to reflect
this action. The scope of the approval of
the section 111(d) plan is limited to the
provisions of 40 CFR parts 60 and 62 for
existing MSW landfills, as referenced in
the emission guidelines, subpart Cf. The
EPA Administrator continues to retain
authority for approval of alternative
methods to determine the nonmethane
organic compound concentration or a
site-specific methane generation rate
constant (k), as stipulated in 40
CFR 60.30f(c), as well as section 4.8.b,
‘‘Implementation of Emission
Guidelines for Existing MSW Landfills,’’
of West Virginia’s 111(d) plan submittal.
IV. Incorporation by Reference
In accordance with the requirements
of 1 CFR 51.5, EPA is finalizing
regulatory text that includes the
incorporation by reference of West
Virginia Code, specifically, West
Virginia legislative rule 45 C.S.R. 23,
effective June 1, 2018, entitled ‘‘Control
of Air Pollution from Municipal Solid
Waste Landfills,’’ which is part of the
CAA section 111(d) plan applicable to
existing MSW landfills in West Virginia
as discussed in section II of this
preamble. The regulatory provisions of
45 C.S.R. 23 establish emission
standards and compliance times for the
control of methane and other organic
compounds from certain existing MSW
landfills located in West Virginia that
commenced construction, modification,
or reconstruction on or before July 17,
2014. These provisions set forth
requirements meeting criteria
promulgated by EPA at 40 CFR part 60,
subpart Cf. EPA has made, and will
continue to make, 45 C.S.R. 23, as well
as the entire West Virginia plan,
generally available through
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]]>Agencies
[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64427-64430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25286]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0711; FRL-10002-46-Region 4]
Air Plan Approval; GA; Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving State
Implementation Plan (SIP) revisions submitted by the State of Georgia,
through the Georgia Environmental Protection Division (GA EPD) of the
Department of Natural Resources, in letters dated September 19, 2006,
with a clarification submitted on November 6, 2006, and July 31, 2018.
EPA is approving miscellaneous changes to several Georgia rules. This
action is being finalized pursuant to the Clean Air Act (CAA or Act)
and its implementing regulations.
DATES: This rule will be effective December 23, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0711. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly
[[Page 64428]]
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: Sean Lakeman, 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. The telephone number is
(404) 562-9043. Mr. Lakeman can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
GA EPD submitted a SIP revision through a letter dated July 31,
2018, to EPA for review and approval into the Georgia SIP that contains
changes to a number of Georgia's air quality rules in Rule 391-3-1.\1\
The changes that EPA is approving into the SIP through this rulemaking
revise Rule 391-3-1-.01, ``Definitions,'' \2\ Rule 391-3-1-.02(2)(c),
``Incinerators,'' Rule 391-3-1-.03(6), ``Exemptions,'' and Rule 391-3-
1-.03(11) ``Permits by Rule.''
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\1\ EPA received the submittal on August 2, 2018. The cover
letter includes other rule changes that have been or will be
addressed in separate EPA actions.
\2\ Consistent with Georgia's request, EPA is approving only the
changes to the following definitions: 391-3-1-.01(oo), ``Manager,''
391-3-1-.01(kkk), ``Small Business Compliance Advisory Panel,'' 391-
3-1-.01(lll), ``Small business stationary source or facility,'' and
391-3-1-.01(mmm), ``Small business stationary source technical and
environmental office.''
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See EPA's June 29, 2017 (82 FR 29418) \3\ direct final rule (DFR)
and accompanying June 29, 2017 (82 FR 29469) notice of proposed
rulemaking (NPRM) for further detail on the changes made in the
September 19, 2006, submittal and EPA's rationale for approving the
revision. Comments were due on July 31, 2017. EPA received adverse
comments related to other portions of the DFR, but withdrew the entire
DFR on August 22, 2017 (82 FR 39671). EPA received no comments on the
changes made to Rule 391-3-1-.03(6), ``Exemptions.'' Therefore, EPA is
finalizing approval of those changes in this action.
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\3\ EPA published a DFR and accompanying NPRM to approve changes
to Rule 391-3-1-.03(6) and other changes on June 29, 2017 (82 FR
29418). EPA received adverse comments on the direct final rule--
though not on the portion of the rule approving changes to Rule 391-
3-1-.03(6)--and published a document withdrawing the DFR on August
22, 2017 (82 FR 39671). EPA is finalizing approval of the changes
submitted to 391-3-1-.03(6) based on the June 29, 2017 (82 FR 29469)
NPRM.
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See also EPA's July 10, 2019 (84 FR 32851) NPRM \4\ for further
detail on the changes made in the July 31, 2018, submittal and EPA's
rationale for approving the revision. Comments were due on August 9,
2019, and EPA received no significant, adverse comments on the NPRM.
EPA is approving these SIP revisions because they are consistent with
the CAA.
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\4\ EPA posted a memorandum of record in the Docket
Identification No EPA-R04-OAR-2018-0711, to provide non-substantive
clarification for two inadvertent errors in the NPRM, related to
characterizing the changes as non-attainment new source review
related in the summary only and incorrectly listing the state-
effective date in the incorporation by reference section. The
changes were correctly characterized in the remainder of the NPRM,
and the submittal, with the correct effective date and changes
noted, was available during the comment phase. Please see the
memorandum for more information.
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II. Incorporation by Reference
In this document, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Georgia's air
quality Rules 391-3-1-.01, ``Definitions,'' 391-3-1-.02(2)(c),
``Incinerators,'' and 391-3-1-.03(11) ``Permits by Rule,'' State
effective July 23, 2018, and Rule 391-3-1-.03(6), ``Exemptions,'' State
effective August 9, 2012,\5\ which contain clarifying and
administrative edits as described in the NPRMs. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\6\
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\5\ In this action, EPA is approving changes to Rule 391-3-
1-.03(6), ``Exemptions'' with a State-effective date of July 13,
2006. However, for purposes of the State-effective date included at
40 CFR 52.570(c), this change to Georgia's rule is captured and
superseded by EPA's April 9, 2013 (78 FR 21065) action, which
approved changes to Rule 391-3-1-.03(6) with a State-effective date
of August 9, 2012. EPA is therefore retaining the later State-
effective date for Rule 391-3-1-.03(6) at 40 CFR 52.570(c).
\6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is approving the aforementioned changes to Georgia's SIP
submitted on September 19, 2006, and August 2, 2018, that make
revisions to Rule 391-3-1-.01, ``Definitions,'' Rule 391-3-1-.02(2)(c),
``Incinerators,'' Rule 391-3-1-.03(6), ``Exemptions,'' and Rule 391-3-
1-.03(11) ``Permit by Rule.'' EPA views these changes as being
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. These actions merely
approve state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, these actions:
Are 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);
Are not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are 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.);
Do 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);
Do not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or
[[Page 64429]]
safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are 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
Do 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 January 21, 2020. 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, Ozone, Volatile organic
compounds.
Dated: November 13, 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 by:
0
a. Revising the entry for ``391-3-1-.01'';
0
b. Revising the entry for ``391-3-1-.02(2)(c)'' under the heading
``Emissions Standards''; and
0
c. Revising the entries for ``391-3-1-.03(6)'' and ``391-3-1-.03(11)''
under the heading ``Permits''.
The revisions read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01............. Definitions.............. 7/23/2018 11/22/2019, Except the first
[Insert citation paragraph, sections
of publication]. (a)-(nn), (pp)-(ccc),
(eee)-(jjj), (nnn)-
(bbbb), (dddd)-(mmmm),
(rrrr)-(ssss),
approved on 12/4/2018
with a State-effective
date of 7/20/2017;
sections (ddd) and
(cccc) - approved on 2/
2/1996 with a State-
effective date of 11/
20/1994; (nnnn),
approved on 1/5/2017
with a State-effective
date of 8/14/2016; and
sections (oooo)-
(qqqq), which are not
in the SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Emissions Standards
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(2)(c)....... Incinerators............. 7/23/2018 11/22/2019, .......................
[Insert citation
of publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Permits
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.03(6).......... Exemptions............... 8/9/2012 4/9/2013, 78 FR .......................
21065.
[[Page 64430]]
* * * * * * *
391-3-1-.03(11)......... Permit by Rule........... 7/23/2018 11/22/2019, Except sections (a)-
[Insert citation (b)(5) and (b)(7)-
of publication]. (b)(10), approved on 2/
9/2010 with a State-
effective date of 7/20/
2005; section (b)(6),
approved on 3/13/2000
with a State-effective
date of 12/25/1997;
and the phrase ``or
enforceable as a
practical matter'' in
section
.03(11)(b)11.(i),
which is not in the
SIP.
* * * * * * *
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* * * * *
[FR Doc. 2019-25286 Filed 11-21-19; 8:45 am]
BILLING CODE 6560-50-P
