[Federal Register Volume 70, Number 228 (Tuesday, November 29, 2005)]
[Proposed Rules]
[Pages 71446-71447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23417]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2005-GA-0005-200537; FRL-8003-4]


Approval and Promulgation of Implementation Plans; Georgia: 
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing a correction to the State Implementation Plan 
(SIP) for the State of Georgia regarding the State's general 
``nuisance'' rule. EPA has determined that this rule, Georgia Rule 391-
3-1.02(2)(a)1, was erroneously incorporated into the SIP. EPA is 
proposing to remove this rule from the approved Georgia SIP because the 
rule is not related to the attainment and maintenance of the national 
ambient air quality standards (NAAQS).

DATES: Written comments must be received on or before December 29, 
2005.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2005-GA-0005, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax: (404) 562-9019.
    5. Mail: ``R04-OAR-2005-GA-0005'', Regulatory Development Section, 
Air Planning Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960.
    6. Hand Delivery or Courier. Deliver your comments to: Sean 
Lakeman, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division 12th floor, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2005-GA-
0005. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov, 
or e-mail. The EPA RME Web site and the federal regulations.gov Web 
site are ``anonymous access'' systems, which means EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of

[[Page 71447]]

encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the Regulatory Development Section, Air Planning 
Branch, Air, Pesticides and Toxics Management Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
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: The first significant amendments to the CAA 
occurred in 1970 and 1977. Following these amendments, a large number 
of SIPs were submitted to EPA to fulfill new federal requirements. In 
many cases, states and districts submitted their entire programs, 
including many elements not required pursuant to the Act. Due to 
resource constraints during this timeframe, EPA's review of these 
submittals focused primarily on the required technical, legal, and 
enforcement elements of the submittals. At the time, EPA did not 
perform a detailed review of the numerous provisions submitted to 
determine if each provision was related to the attainment and 
maintenance of the NAAQS. However, provisions approved as part of 
states' SIPs should generally be related to attainment and maintenance 
of the NAAQS, consistent with the authority in section 110 of the Act 
under which these plans are approved by EPA.
    During the process of responding to a recent citizen petition of a 
title V operating permit in Georgia, EPA determined that a provision of 
the State's rules, approved as part of the SIP on January 3, 1980, (45 
FR 780), is not related to the attainment and maintenance of the NAAQS. 
This State rule, ``Georgia Air Quality Control Rule 391-3-
1-.02(2)(a)1,'' is a general nuisance provision. In addition, Georgia 
has never used this rule as part of a federal air quality standard 
attainment or maintenance plan. Georgia has also not relied on or 
attributed any emission reductions from this rule to any such plans 
(October 31, 2005, e-mail from Ron Methier, Georgia Environmental 
Protection Division, to Dick Schutt, U.S. Environmental Protection 
Agency). For these reasons, EPA's 1980 approval of this provision into 
the Georgia SIP was in error and EPA is, therefore, proposing to remove 
the provision from the approved SIP under the authority of section 
110(k)(6) of the Act. Section 110(k)(6) provides: ``Whenever the 
Administrator determines that the Administrator's action approving, 
disapproving, or promulgating any plan or plan revision (or part 
thereof), area designation, redesignation, classification, or 
reclassification was in error, the Administrator may in the same manner 
as the approval, disapproval, or promulgation revise such action as 
appropriate without requiring any further submission from the State. 
Such determination and the basis thereof shall be provided to the State 
and public.''

Proposed Action

    Since the State's ``nuisance'' provision is not directed at the 
attainment and maintenance of the NAAQS, EPA has found that its prior 
approval of this particular rule (into the SIP) was in error. 
Consequently, in order to correct this error, EPA is proposing to 
remove Georgia Rule 391-3-1-.02(2)(a)1 from the approved Georgia SIP 
pursuant to section 110(k)(6) of the Act and to codify this deletion by 
revising the appropriate paragraph under 40 CFR part 52, subpart L, 
Sec.  52.570 (Identification of Plan).

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget. For this reason, this action is also not subject to Executive 
Order 13211, ``Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This 
proposed action merely proposes to remove an erroneously approved State 
rule from the SIP and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.). Because this rule proposes to remove an 
erroneously approved State rule from the SIP and does not impose any 
additional enforceable duty beyond that required by State law, it 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).
    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000). This action also does not 
have Federalism implications because it does not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action 
merely proposes to remove an erroneously approved State rule from the 
SIP, and does not alter the relationship or the distribution of power 
and responsibilities established in the Clean Air Act. This proposed 
rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant. 
This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 21, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 05-23417 Filed 11-28-05; 8:45 am]
BILLING CODE 6560-50-P