[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16783-16785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06076]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0448; FRL-9791-1]


Approval and Promulgation of Implementation Plans; Georgia; 
Control Techniques Guidelines and Reasonably Available Control 
Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: On September 28, 2012, EPA published a final rule in the 
Federal Register approving Georgia State Implementation Plan (SIP) 
revisions, submitted through the Georgia Environmental Protection 
Division (GA EPD), related to reasonably available control technology 
(RACT) requirements. This correcting amendment corrects errors in the 
non-regulatory Code of Federal Regulations (CFR) language portion of 
the September 28, 2012, final approval. Specifically, this correction 
pertains to negative declarations made by GA EPD in its October 21, 
2009, SIP submittal for certain source categories for which EPA has 
issued control technique guidelines (CTG). EPA's September 28, 2012, 
final rulemaking addressing Georgia's RACT revisions, approved the 
negative declarations; however, they were inadvertently omitted from 
the actual CFR non-regulatory language at the end of the final action.

DATES: Effective on March 19, 2013.

FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Jane Spann may be reached by 
phone at (404) 562-9029 or by electronic mail address 
[email protected].

SUPPLEMENTARY INFORMATION: This action corrects an inadvertent omission 
in EPA's September 28, 2012, final action approving Georgia's RACT 
submittals. On October 21, 2009, Georgia submitted a SIP revision 
containing, among other things, the Atlanta Area RACT SIP. In this RACT 
submittal Georgia lists CTG source categories for which Georgia has 
rules or has made negative declarations.\1\ On July 31, 2012 (77 FR 
45307), EPA proposed approval of Georgia's October 21, 2009, SIP 
revision, including the negative declarations included therein. In 
EPA's September 28, 2012, final action (77 FR 59554), EPA approved 
Georgia's October 21, 2009, submission, including the list of Georgia 
rules and negative declarations. Towards the end of the September 28, 
2012, final action, EPA inadvertently omitted the list of negative 
declarations in the CFR non-regulatory language. Today's correcting 
amendment will correct the CFR non-regulatory language to include the 
following information. Georgia made negative declarations in its 
October 21, 2009, SIP submittal related to the following CTG source 
categories:
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    \1\ If no major sources of volatile organic compounds (VOC) or 
nitrous oxides emissions (each pollutant should be considered 
separately) in a particular source category exist in an applicable 
nonattainment area, a state may submit a negative declaration for 
that category.
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    1. Control of Volatile Organic Compound (VOC) Emissions from 
Reactor Processes and Distillation Operations in Synthetic Organic 
Chemical Manufacturing Industry (SOCMI) EPA-450/4-91-031, August 1993.
    2. Control of VOC Emissions from Equipment Leaks from Natural Gas/
Gasoline Processing Plants EPA-450/3-83-007, December 1983.
    3. Control of VOC Leaks from Synthetic Organic Chemical Polymer and 
Resin Manufacturing Equipment EPA-450/3-83-006, March 1984.
    4. Control of VOC Emissions from Air Oxidation Processes in SOCMI, 
EPA-450/3-84-015, December 1984.
    EPA has determined that today's correcting action falls under the 
``good cause'' exemption in section 553(b)(3)(B) of the Administrative 
Procedure Act (APA) which, upon finding ``good cause,'' authorizes 
agencies to dispense with public participation where public notice and 
comment procedures are impracticable, unnecessary, or contrary to the 
public interest. Public notice and comment for this action is 
unnecessary because today's action simply makes a correction to a 
previous inadvertent omission in the non-regulatory text of the CFR. 
EPA previously provided for public notice and comment on the 
substantive SIP revision approval. In addition, EPA does not believe 
the public would be interested in commenting on the correction prior to 
this action being finalized, since this correction action does not 
change the conclusion of EPA's analysis or action addressing approval 
of the Georgia RACT rules.
    EPA also finds that there is good cause under APA section 553(d)(3) 
for this correction to become effective on the date of publication of 
this action. Section 553(d)(3) of the APA allows an effective date less 
than 30 days after publication ``as otherwise provided by the agency 
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3). 
The purpose of the 30-day waiting period prescribed in APA section 
553(d)(3) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's action simply corrects an inadvertent omission 
in the CFR of a small portion of a SIP revision that EPA previously 
substantively approved. For these

[[Page 16784]]

reasons, EPA finds good cause under APA section 553(d)(3) for this 
correction to become effective on the date of publication of this 
action.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
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 action 
merely explicitly lists the CTG source categories for which Georgia 
made a negative declaration, is consistent with the substantive 
revisions to the Georgia SIP described in the final approval of the 
Georgia RACT SIP revisions and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this 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 merely corrects an 
inadvertent omission for the non-regulatory text of EPA's September 28, 
2012, final rule addressing the approval of the Georgia's RACT 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 (Public Law 104-4).
    This 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 rule 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 rule merely corrects an inadvertent 
omission for the non-regulatory text of EPA's September 28, 2012, final 
rule addressing the approval of the Georgia RACT SIP, and does not 
alter the relationship or the distribution of power and 
responsibilities established in the CAA. This 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. In addition, this rule does not 
involve technical standards, thus the requirements of section 12(d) of 
the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 
272 note) do not apply. This rule also does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 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 
rule 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: March 7, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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(e) is amended by adding new entries 38 through 41 to 
the table in numerical order to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (e) * * *

                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                     Applicable           State
   Name of nonregulatory SIP        geographic or    submittal date/  EPA approval           Explanation
           provision             nonattainment area  effective date       date
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                                                  * * * * * * *
38. Negative Declaration for     Atlanta 1997 8-         10/21/2009      09/28/2013  ...........................
 Control of VOC Emissions from    Hour Ozone
 Reactor Processes and            Nonattainment
 Distillation Operations in       Area.
 Synthetic Organic Chemical
 Manufacturing Industry (SOCMI)
 EPA-450/4-91-031, August 1993.
39. Negative Declaration for     Atlanta 1997 8-         10/21/2009      09/28/2013  ...........................
 Control of VOC Emissions from    Hour Ozone
 Equipment Leaks from Natural     Nonattainment
 Gas/Gasoline Processing Plants   Area.
 EPA-450/3-83-007, December
 1983.
40. Negative Declaration for     Atlanta 1997 8-         10/21/2009      09/28/2013  ...........................
 Control of VOC Leaks from        Hour Ozone
 Synthetic Organic Chemical       Nonattainment
 Polymer and Resin                Area.
 Manufacturing Equipment EPA-
 450/3-83-006, March 1984.

[[Page 16785]]

 
41. Negative Declaration for     Atlanta 1997 8-         10/21/2009      09/28/2013  ...........................
 Control of VOC Emissions from    Hour Ozone
 Air Oxidation Processes in       Nonattainment
 Synthetic Organic Chemical       Area.
 Manufacturing Industry
 (SOCMI), EPA-450/3-84-015,
 December 1984.
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[FR Doc. 2013-06076 Filed 3-18-13; 8:45 am]
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