Air Plan Approval; Georgia: Air Quality Control, VOC Definition, 44214-44216 [2020-15701]
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Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
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).
C. Petitions for Judicial Review
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 September 21, 2020. Filing a
petition for reconsideration by the
Name of non-regulatory
SIP revision
*
*
1997 8-Hour Ozone NAAQS
Limited Maintenance Plan for
the Kent and Queen Anne’s
Counties Area.
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0069; FRL–10012–
13–Region 4]
Air Plan Approval; Georgia: Air Quality
Control, VOC Definition
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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 on October 18, 2019.
This revision modifies the State’s air
quality regulations as incorporated into
the SIP by changing the definition of
‘‘volatile organic compound’’ (VOC) to
be consistent with federal regulations.
EPA is approving this SIP revision
because the State has demonstrated that
jbell on DSKBBXCHB2PROD with RULES
SUMMARY:
Jkt 250001
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 V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry
‘‘1997 8-Hour Ozone NAAQS Limited
Maintenance Plan for the Kent and
Queen Anne’s Counties Area’’ at the end
of the table to read as follows:
■
§ 52.1070
*
Dated: July 10, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
Identification of plan.
*
*
(e) * * *
*
*
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
State submittal
date
*
Kent and Queen Anne’s Counties.
*
16:35 Jul 21, 2020
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Applicable geographic area
[FR Doc. 2020–15647 Filed 7–21–20; 8:45 am]
VerDate Sep<11>2014
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
pertaining to Maryland’s limited
maintenance plan for the Kent and
Queen Anne’s Counties area may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
*
12/18/2019
EPA approval date
*
*
7/22/2020, [insert Federal Register citation].
these changes are consistent with the
Clean Air Act (CAA or Act).
DATES: This rule is effective August 21,
2020.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2020–0069. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials can
either be retrieved electronically via
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
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
Additional explanation
*
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Sarah LaRocca, 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) 562–8994. Ms. LaRocca can also
be reached via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving the change to the
Georgia SIP submitted by the State of
Georgia through a letter dated October
18, 2019 1 that revises the definition of
‘‘volatile organic compound’’ at
subparagraph (llll) of Rule 391–3–1–
.01—‘‘Definitions’’ by adding cis1,1,1,4,4,4-hexafluorobut-2-ene (HFO1336mzz-Z) to the list of organic
1 EPA received Georgia’s SIP revision on October
24, 2019.
E:\FR\FM\22JYR1.SGM
22JYR1
Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
III. Incorporation by Reference
compounds having negligible
photochemical reactivity.2
jbell on DSKBBXCHB2PROD with RULES
II. Analysis of State Submission
Tropospheric ozone, commonly
known as smog, occurs when VOC and
nitrogen oxides (NOx) react in the
atmosphere in the presence of sunlight.
Because of the harmful health effects of
ozone, EPA and state governments
implement rules to limit the amount of
certain VOC and NOx that can be
released into the atmosphere. VOC have
different levels of reactivity; they do not
react at the same speed or form ozone
to the same extent. The CAA requires
the regulation of VOC for various
purposes. Section 302(s) of the CAA
specifies that EPA has the authority to
define the meaning of ‘‘VOC’’ under the
Act and, hence, what compounds shall
be treated as VOC for regulatory
purposes.
EPA determines whether a given
carbon compound has ‘‘negligible’’
reactivity by comparing the compound’s
reactivity to the reactivity of ethane. It
is EPA’s policy that compounds of
carbon with negligible reactivity be
excluded from the regulatory definition
of VOC. See 42 FR 35314 (July 8, 1977),
70 FR 54046 (September 13, 2005). EPA
lists these compounds in its regulations
at 40 CFR 51.100(s) and excludes them
from the definition of VOC. The
chemicals on this list are often called
‘‘negligibly reactive.’’ EPA may
periodically revise the list of negligibly
reactive compounds to add or delete
compounds. Georgia submitted this SIP
revision in response to EPA adding cis1,1,1,4,4,4-hexafluorobut-2-ene to the
exclusion list at 40 CFR 51.100(s). See
83 FR 61127 (January 28, 2019). EPA
finds that this change to the SIP will not
interfere with attainment or
maintenance of any national ambient air
quality standard, reasonable further
progress, or any other applicable
requirement of the CAA, consistent with
CAA section 110(l), because EPA has
found this chemical to be negligibly
reactive.
In a notice of proposed rulemaking
(NPRM) published on May 1, 2020 (85
FR 25381), EPA proposed to approve
Georgia’s SIP submission provided on
October 18, 2019. The NPRM provides
additional detail regarding the
background and rationale for EPA’s
action. Comments on the NPRM were
due on or before June 1, 2020. EPA
received no adverse comments on the
NPRM.
2 On October 18, 2019, Georgia submitted other
SIP revisions which will be addressed in separate
actions.
VerDate Sep<11>2014
16:35 Jul 21, 2020
Jkt 250001
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 Georgia Rule 391–3–1–
.01—‘‘Definitions,’’ Subparagraph
(llll)—‘‘Volatile organic compound,’’
state-effective September 26, 2019, to
revise this definition by adding cis1,1,1,4,4,4- hexafluorobut-2-ene (HFO1336mzz-Z) to the list of organic
compounds having negligible
photochemical reactivity. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
Therefore, these materials have been
approved by EPA for inclusion in the
SIP, have been incorporated by
reference by EPA into that plan, are
fully federally enforceable under
sections 110 and 113 of the CAA as of
the effective date of the final rulemaking
of EPA’s approval, and will be
incorporated by reference in the next
update to the SIP compilation.3
IV. Final Action
EPA is approving Georgia’s October
18, 2019, SIP submission, which revises
the definition of ‘‘volatile organic
compound’’ at subparagraph (llll) of
Rule 391–3–1–.01—‘‘Definitions’’ by
adding cis-1,1,1,4,4,4-hexafluorobut-2ene (HFO-1336mzz-Z) to the list of
organic compounds having negligible
photochemical reactivity.
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. 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);
PO 00000
3 See
62 FR 27968 (May 22, 1997).
Frm 00071
Fmt 4700
Sfmt 4700
44215
• 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
E:\FR\FM\22JYR1.SGM
22JYR1
44216
Federal Register / Vol. 85, No. 141 / Wednesday, July 22, 2020 / Rules and Regulations
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 September 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).
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: July 15, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, amend the table in
paragraph (c) by revising the entry for
‘‘391–3–1–.01’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA APPROVED GEORGIA REGULATIONS
Title/subject
391–3–1–.01 ...............................
Definitions ..................
*
*
*
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2018–0074; FRL–10012–57–
OAR]
RIN 2060–AT86
National Emission Standards for
Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)
Residual Risk and Technology Review;
Corrections
Environmental Protection
Agency (EPA).
ACTION: Correcting amendments.
AGENCY:
On July 7, 2020, the U.S.
Environmental Protection Agency (EPA)
revised the National Emission Standards
for Hazardous Air Pollutants: Organic
SUMMARY:
VerDate Sep<11>2014
16:35 Jul 21, 2020
9/26/2019
*
[FR Doc. 2020–15701 Filed 7–21–20; 8:45 am]
jbell on DSKBBXCHB2PROD with RULES
State effective
date
State citation
Jkt 250001
EPA approval date
7/22/2020, [Insert
publication].
*
Frm 00072
Fmt 4700
citation
of
*
Liquids Distribution (Non-Gasoline)
Residual Risk and Technology Review.
A set of amendatory instructions and
one reference to a standard approved for
incorporation by reference were
removed during the review and
publication process but the related
standard reference was not removed. In
addition, subsequent amendatory
instructions were not properly revised
to reflect the edits. This document
corrects the final regulations.
DATES: This final rule is effective on July
22, 2020. The incorporation by reference
(IBR) of certain publications listed in
the rule was approved by the Director of
the Federal Register as of July 7, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Neil Feinberg, Sector Policies and
Programs Division (E143–01), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
2214; fax number: (919) 541–0516; and
email address: feinberg.stephen@
epa.gov
PO 00000
Explanation
Sfmt 4700
Except the first paragraph, sections
(a)–(nn),
(pp)–(ccc),
(eee)–(jjj),
(nnn)–(bbbb),
(dddd)–(kkkk),
(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),
(pppp), (qqqq)1., and (qqqq)3.
through (qqqq)8., which are
not in the SIP.
*
*
In the
final rule published on July 7, 2020 (85
FR 40740), the EPA removed the
instructions to redesignate a series of
paragraphs in 40 CFR 63.14 (the
centralized IBR section) to add ASTM
D6378–18a, Standard Test Method for
Determination of Vapor Pressure (VPX)
of Petroleum Products, Hydrocarbons,
and Hydrocarbon-Oxygenate Mixtures
(Triple Expansion Method), approved
December 1, 2018, but did not remove
the standard from use in 40 CFR
63.2406. As a result, not only was the
standard improperly added to 40 CFR
63.2046, but revisions to two existing
paragraphs in 40 CFR 63.14 (to ASTM
D6420–99 (Reapproved 2004), Standard
Test Method for Determination of
Gaseous Organic Compounds by Direct
Interface Gas Chromatography-Mass
Spectrometry (Approved October 1,
2004) and ASTM D6420–18, Test
Method for Determination of Gaseous
Organic Compounds by Direct Interface
Gas Chromatography/Mass
Spectrometry (Approved November 1,
SUPPLEMENTARY INFORMATION:
E:\FR\FM\22JYR1.SGM
22JYR1
]]>Agencies
[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44214-44216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15701]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2020-0069; FRL-10012-13-Region 4]
Air Plan Approval; Georgia: Air Quality Control, VOC Definition
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 on October 18,
2019. This revision modifies the State's air quality regulations as
incorporated into the SIP by changing the definition of ``volatile
organic compound'' (VOC) to be consistent with federal regulations. EPA
is approving this SIP revision because the State has demonstrated that
these changes are consistent with the Clean Air Act (CAA or Act).
DATES: This rule is effective August 21, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2020-0069. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials can either
be retrieved electronically via 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: Sarah LaRocca, 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) 562-8994. Ms. LaRocca can also be reached via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is approving the change to the Georgia SIP submitted by the
State of Georgia through a letter dated October 18, 2019 \1\ that
revises the definition of ``volatile organic compound'' at subparagraph
(llll) of Rule 391-3-1-.01--``Definitions'' by adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic
[[Page 44215]]
compounds having negligible photochemical reactivity.\2\
---------------------------------------------------------------------------
\1\ EPA received Georgia's SIP revision on October 24, 2019.
\2\ On October 18, 2019, Georgia submitted other SIP revisions
which will be addressed in separate actions.
---------------------------------------------------------------------------
II. Analysis of State Submission
Tropospheric ozone, commonly known as smog, occurs when VOC and
nitrogen oxides (NOx) react in the atmosphere in the presence of
sunlight. Because of the harmful health effects of ozone, EPA and state
governments implement rules to limit the amount of certain VOC and NOx
that can be released into the atmosphere. VOC have different levels of
reactivity; they do not react at the same speed or form ozone to the
same extent. The CAA requires the regulation of VOC for various
purposes. Section 302(s) of the CAA specifies that EPA has the
authority to define the meaning of ``VOC'' under the Act and, hence,
what compounds shall be treated as VOC for regulatory purposes.
EPA determines whether a given carbon compound has ``negligible''
reactivity by comparing the compound's reactivity to the reactivity of
ethane. It is EPA's policy that compounds of carbon with negligible
reactivity be excluded from the regulatory definition of VOC. See 42 FR
35314 (July 8, 1977), 70 FR 54046 (September 13, 2005). EPA lists these
compounds in its regulations at 40 CFR 51.100(s) and excludes them from
the definition of VOC. The chemicals on this list are often called
``negligibly reactive.'' EPA may periodically revise the list of
negligibly reactive compounds to add or delete compounds. Georgia
submitted this SIP revision in response to EPA adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene to the exclusion list at 40 CFR 51.100(s). See 83
FR 61127 (January 28, 2019). EPA finds that this change to the SIP will
not interfere with attainment or maintenance of any national ambient
air quality standard, reasonable further progress, or any other
applicable requirement of the CAA, consistent with CAA section 110(l),
because EPA has found this chemical to be negligibly reactive.
In a notice of proposed rulemaking (NPRM) published on May 1, 2020
(85 FR 25381), EPA proposed to approve Georgia's SIP submission
provided on October 18, 2019. The NPRM provides additional detail
regarding the background and rationale for EPA's action. Comments on
the NPRM were due on or before June 1, 2020. EPA received no adverse
comments on the NPRM.
III. 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 Georgia Rule
391-3-1-.01--``Definitions,'' Subparagraph (llll)--``Volatile organic
compound,'' state-effective September 26, 2019, to revise this
definition by adding cis-1,1,1,4,4,4- hexafluorobut-2-ene (HFO-1336mzz-
Z) to the list of organic compounds having negligible photochemical
reactivity. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and at the EPA Region 4
Office (please contact the person identified in the For Further
Information Contact section of this preamble for more information).
Therefore, these materials have been approved by EPA for inclusion in
the SIP, have been incorporated by reference by EPA into that plan, are
fully federally enforceable under sections 110 and 113 of the CAA as of
the effective date of the final rulemaking of EPA's approval, and will
be incorporated by reference in the next update to the SIP
compilation.\3\
---------------------------------------------------------------------------
\3\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------
IV. Final Action
EPA is approving Georgia's October 18, 2019, SIP submission, which
revises the definition of ``volatile organic compound'' at subparagraph
(llll) of Rule 391-3-1-.01--``Definitions'' by adding cis-1,1,1,4,4,4-
hexafluorobut-2-ene (HFO-1336mzz-Z) to the list of organic compounds
having negligible photochemical reactivity.
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. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule
[[Page 44216]]
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 September 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, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: July 15, 2020.
Mary Walker,
Regional Administrator, Region 4.
For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. In Sec. 52.570, amend the table in paragraph (c) by revising the
entry for ``391-3-1-.01'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State EPA approval
State citation Title/subject effective date date Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01................... Definitions................. 9/26/2019 7/22/2020, Except the first
[Insert paragraph,
citation of sections (a)-
publication]. (nn), (pp)-
(ccc), (eee)-
(jjj), (nnn)-
(bbbb), (dddd)-
(kkkk), (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), (pppp),
(qqqq)1., and
(qqqq)3.
through
(qqqq)8., which
are not in the
SIP.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-15701 Filed 7-21-20; 8:45 am]
BILLING CODE 6560-50-P
