[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Rules and Regulations]
[Pages 21065-21071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07978]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2012-0622; FRL-9798-5]


Approval and Promulgation of Implementation Plans; Georgia: New 
Source Review-Prevention of Significant Deterioration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve changes to the Georgia 
State Implementation Plan (SIP) submitted by the State of Georgia, 
through the Georgia Department of Natural Resources' Environmental 
Protection Division (EPD) to EPA, on September 26, 2006 (with a 
clarifying revision submitted on November 6, 2006), and July 26, 2012. 
The September 26, 2006, SIP submission makes multiple changes to the 
Georgia SIP including the State's permit exemption provisions. The July 
26, 2012, submission includes changes to Georgia's New Source Review 
(NSR), Prevention of Significant Deterioration (PSD) program to 
incorporate by reference (IBR) federal PSD requirements regarding the 
implementation of the fine particulate matter (PM2.5) 
national ambient air quality standards (NAAQS) and the deferral of, 
until July 21, 2014, PSD applicability to biogenic carbon dioxide 
(CO2) emissions from bioenergy and other biogenic stationary 
sources as well as additional air quality rule revisions. EPA is 
approving portions of these submittals as revisions to Georgia's SIP 
because the Agency has determined that they are consistent with the 
Clean Air Act (CAA or Act) and EPA regulations regarding NSR 
permitting. EPA is also responding to comments received on the January 
14, 2012, proposed rulemaking.

DATES: This rule will be effective May 9, 2013.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2012-0622. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 are 
available either electronically through www.regulations.gov 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: For information regarding the Georgia 
SIP, contact Ms. Twunjala Bradley, 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. Ms. Bradley's telephone number is (404) 
562-9352; email address: [email protected]. For information 
regarding NSR or PSD, contact Ms. Yolanda Adams, Air Permits Section, 
at the same address above. Ms. Adams' telephone number is (404) 562-
9241; email address: [email protected]. For information regarding 
the PM2.5 NAAQS, contact Mr. Joel Huey, Regulatory 
Development Section, at the same address above. Mr. Huey's telephone 
number is (404) 562-9104; email address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. This Action
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background

    EPA is taking final action to approve portions of Georgia's July 
26, 2012, and September 26, 2006 (with a clarifying revision submitted 
on November 6, 2006) \1\ SIP submittals. The July 26, 2012, submission 
revises Georgia's SIP at Air Quality Control Rule 391-3-1-.02(7)--
Prevention of Significant Deterioration of Air Quality to IBR \2\ the 
version of 40 CFR 52.21 as of July 20, 2011, including certain federal 
NSR permitting requirements promulgated in the: (1) ``Prevention of 
Significant Deterioration (PSD) for Particulate Matter Less Than 2.5 
Micrometers (PM2.5)--Increments, Significant Impact Levels 
(SILs) Significant Monitoring Concentration (SMC), Final Rule,'' 75 FR 
64864 (October 20, 2010), (hereafter referred to as the 
``PM2.5 PSD Increment--SILs-SMC Rule); \3\ (2) ``Deferral 
for CO2 Emissions From Bioenergy and Other Biogenic Sources 
Under the Prevention of Significant Deterioration (PSD) and Title V 
Programs,'' Final Rule, 76 FR 43490 (July 20, 2011) (hereafter referred 
to as CO2 Biomass Deferral Rule); and (3) EPA's interim 
rulemaking entitled ``Prevention of Significant Deterioration (PSD) and 
Nonattainment New Source Review (NNSR): Reconsideration of Inclusion of 
Fugitive Emissions; Interim Rule; Stay and Revisions,'' 76 FR 17548 
(March 30, 2011) (hereafter referred to as the ``Fugitive Emissions 
Interim Rule''). The July 26, 2012, submittal also requests that EPA 
remove from the SIP the exclusion language at Rule 391-3-1-.02(7) 
regarding the coarse particle pollution (PM10) surrogate and 
grandfathering provision promulgated in the ``Implementation of the New 
Source Review Program for Particulate

[[Page 21066]]

Matter Less Than 2.5 Micrometers'' Rule, 73 FR 28321 (May 16, 2008) 
(hereafter referred to as ``NSR PM2.5 Rule'') and amends the 
following regulations: (1) Rule 391-3-1-.01(nnn)--Definitions regarding 
testing and monitoring of air pollutants; (2) Rule 391-3-1-.02(2)(c)--
Incinerators; and (3) Rule 391-3-1-.03(6)--Exemptions. The September 
26, 2006, SIP submittal adds new text at 391-3-1-.03(6)(i)(3) regarding 
Georgia's permit exemptions.
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    \1\ On September 26, 2006, Georgia submitted to EPA multiple SIP 
revisions to Georgia's Air Quality Rules found at Chapter 391-3-1. A 
clarifying revision was submitted on November 6, 2006. EPA took 
action on a portion of Georgia's September 26, 2006, submittal in 
multiple actions published in the Federal Register on February 9, 
2010 (75 FR 6309) and December 1, 2010 (75 FR 74624). Action on the 
remaining portions of the September 26, 2006, submittal is still 
under consideration and will be addressed in separate actions. See 
75 FR 74624.
    \2\ Throughout this document IBR means ``incorporate by 
reference'' or ``incorporates by reference.''
    \3\ As is explained later in this final action, EPA is not 
taking action to approve either the SILs or SMC portions of that 
rule. Further, EPA's January 14, 2013, proposed rule did not include 
a proposal to approve Georgia's SILs submission.
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    On January 14, 2013, EPA published a proposed rulemaking to approve 
many of the aforementioned changes to Georgia's SIP. See 78 FR 2872. 
Details regarding these changes and EPA's final action are summarized 
below in Section II. EPA's January 14, 2013, proposed rulemaking 
contains more detailed information regarding Georgia's SIP revisions 
being approved today and the rationale for today's final action. 
Comments on the proposed rulemaking were due on or before February 13, 
2013. EPA received one set of comments, and is responding to the 
comments relevant to today's final action which is not acting on 
everything that was included in the January 14, 2013, proposal, due to 
a recent court decision. Pursuant to section 110 of the CAA, EPA is now 
taking final action to approve certain changes to Georgia's SIP.
    In this rulemaking EPA is not taking final action on portions of 
the July 26, 2012, SIP submittal regarding Georgia's request for 
incorporation of the PM2.5 SILs and SMC thresholds as 
promulgated in EPA's PM2.5 PSD Increment-SILs-SMC Rule. EPA 
will initiate a separate action to address these portions of the 
submittal. See below for more explanation on the SILs and SMC 
thresholds. Additionally, Georgia's July 26, 2012, submittal included 
certain rules that are not a part of Georgia's federally-approved SIP. 
As a result, EPA is not taking action on those rules, which are as 
follows: Rules 391-3-1-.02(www)--Sewage Sludge Incineration, 391-3-
1-.03(9)--Permit Fees, 391-3-1-.02(8)(b)--New Source Performance 
Standards and 391-3-1-.02(9)(b)--Emissions Standards for Hazardous Air 
Pollutants, as these regulations are not part of Georgia's federally-
approved SIP.

A. PM2.5 PSD Increment SILs-SMC Rule

    The PM2.5 PSD Increment-SILs-SMC Rule provided 
additional regulatory provisions under the PSD program regarding the 
implementation of the PM2.5 NAAQS for NSR including: (1) 
PM2.5 increments pursuant to section 166(a) of the CAA to 
prevent significant deterioration of air quality in areas meeting the 
NAAQS; (2) SILs used as a screening tool (by a major source subject to 
PSD) to evaluate the impact a proposed major source or modification may 
have on the NAAQS or PSD increment; and (3) a SMC, (also a screening 
tool) used by a major source subject to PSD to determine the subsequent 
level of PM2.5 data gathering required for a PSD permit 
application. PSD increments prevent air quality in attainment/
unclassifiable areas from deteriorating to the level set by the NAAQS. 
Therefore, an increment is the mechanism used to estimate ``significant 
deterioration'' \4\ of air quality for a pollutant in an area. Under 
section 165(a)(3) of the CAA, a PSD permit applicant must demonstrate 
that emissions from the proposed construction and operation of a 
facility ``will not cause, or contribute to, air pollution in excess of 
any maximum allowable increase or allowable concentration for any 
pollutant.'' When a source applies for a permit to emit a regulated 
pollutant in an area that meets the NAAQS, the state and EPA must 
determine if emissions of the regulated pollutant from the source will 
cause significant deterioration in air quality. As described in the 
PM2.5 PSD Increment-SILs-SMC Rule, pursuant to the authority 
under section 166(a) of the CAA, EPA promulgated numerical PSD 
increments for PM2.5 as a new pollutant \5\ for which NAAQS 
were established after August 7, 1977,\6\ and derived 24-hour and 
annual PM2.5 increments for the three area classifications 
(Class I, II and III) using the ``contingent safe harbor'' approach. 
See 75 FR 64869 and the ambient air increment tables at 40 CFR 
51.166(c)(1) and 52.21(c). In addition to PSD increments for the 
PM2.5 NAAQS, the PM2.5 PSD Increment-SILs-SMC 
Rule amended the definition at 40 CFR 51.166 and 52.21 for ``major 
source baseline date'' and ``minor source baseline date'' (including 
trigger date) to establish the PM2.5 NAAQS specific dates 
associated with the implementation of PM2.5 PSD increments. 
See 75 FR 64864.
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    \4\ Significant deterioration occurs when the amount of the new 
pollution exceeds the applicable PSD increment, which is the 
``maximum allowable increase'' of an air pollutant allowed to occur 
above the applicable baseline concentration for that pollutant. 
Section 169(4) of the CAA provides that the baseline concentration 
of a pollutant for a particular baseline area is generally the air 
quality at the time of the first application for a PSD permit in the 
area.
    \5\ EPA generally characterized the PM2.5 NAAQS as a 
NAAQS for a new indicator of PM. EPA did not replace the 
PM10 NAAQS with the NAAQS for PM2.5 when the 
PM2.5 NAAQS were promulgated in 1997. EPA rather retained 
the annual and 24-hour NAAQS for PM2.5 as if 
PM2.5 was a new pollutant even though EPA had already 
developed air quality criteria for PM generally. See 75 FR 64864 
(October 20, 2012).
    \6\ EPA interprets 166(a) to authorize EPA to promulgate 
pollutant-specific PSD regulations meeting the requirements of 
section 166(c) and 166(d) for any pollutant for which EPA 
promulgates a NAAQS after 1977.
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    For background purposes, the SILs and SMC portions of the 
PM2.5 PSD Increment-SILs-SMC Rule, which EPA is not taking 
action on today, are numerical values that represent thresholds of 
insignificant modeled source impacts or monitored (ambient) 
concentrations, respectively. EPA established such values to be used as 
screening tools by a major source subject to PSD to determine the 
subsequent level of analysis and data gathering required for a PSD 
permit application for emissions of PM2.5.
    The Sierra Club challenged EPA's authority to implement the 
PM2.5 SILs and SMC for PSD purposes as promulgated in the 
October 20, 2010, PM2.5 PSD Increment-SILs-SMC Rule. On 
January 22, 2013, the U.S. Court of Appeals for the District of 
Columbia Circuit issued an order vacating and remanding to EPA for 
further consideration the portions of its PM2.5 PSD 
Increment-SILs-SMC Rule addressing the PM2.5 SILs, except 
for the parts codifying the PM2.5SILs in the NSR rule at 40 
CFR 51.165(b)(2). See Sierra Club v. EPA, 705 F.3d 458, 469. The court 
also vacated parts of the PM2.5 PSD Increment-SILs-SMC Rule 
establishing the PM2.5 SMC, finding that the Agency had 
exceeded its statutory authority with respect to these provisions. Id. 
The D.C. Circuit Court's decision can be found in the docket for 
today's rulemaking at www.regulations.gov using docket ID: EPA-R04-OAR-
2012-0622.
    As a result of D.C. Circuit Court's decision, EPA is not taking 
action at this time on any portions of Georgia's PSD SIP submission 
regarding the PM2.5SILs and SMC provisions described at 40 
CFR 51.166 and 52.21, which have now been vacated and remanded. 
Georgia's July 26, 2012, SIP revision IBR both the PM2.5 SIL 
and SMC screening tools promulgated in EPA's October 20, 2010, 
PM2.5 PSD Increment-SILs-SMC Rule. In the January 14, 2013, 
proposed rulemaking, EPA proposed to approve into the Georgia SIP the 
PM2.5 SMC but not the PM2.5 SILs. While the 
Agency proposed to approve the SMC in the January 14, 2013, proposed 
rule, the Agency is not moving forward with this proposed approval as a 
result of the court's January 22, 2013, decision. EPA will consider 
Georgia's January 26, 2012, SIP revision (and EPA's previous

[[Page 21067]]

proposal) with regard to the PM2.5 SILs and SMC thresholds 
in an action separate from today's rulemaking.

B. CO2 Biomass Deferral

    As was explained in more detail in EPA's January 14, 2013, proposed 
rulemaking, EPA's CO2 Biomass Deferral Rule defers until 
July 21, 2014, the consideration of CO2 emissions from 
bioenergy and other biogenic sources (hereafter referred to as 
``biogenic CO2 emissions'') when determining whether a 
stationary source meets the PSD and title V applicability thresholds, 
including those for the application of best available control 
technology.\7\ See 76 FR 43490. EPA incorporated the biomass deferral 
into the regulations governing state programs and into the federal PSD 
program by amending the definition of ``subject to regulation'' under 
40 CFR 51.166 and 52.21 respectively. The deferral is intended to be a 
temporary measure, in effect for no more than three years, to allow EPA 
time to conduct detailed examination of the science and technical 
issues related to accounting for biogenic CO2 emissions, and 
determine what, if any, treatment of biogenic CO2 emissions 
should be in the PSD and title V programs. The deferral applies only to 
biogenic CO2 emissions and does not affect non-greenhouse 
gas (GHG) pollutants or other GHGs (e.g., methane and nitrous oxide) 
emitted from the combustion of biomass fuel.
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    \7\ On June 3, 2010, EPA promulgated the GHG Tailoring Rule 
(which include CO2, methane, nitrous oxide, 
hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) which 
tailored the applicability criteria that determine which GHG 
emission sources become subject to the PSD program of the CAA. EPA 
established in the GHG Tailoring Rule a phase-in approach for PSD 
applicability and established the first two steps of the phase-in 
for the largest GHG emitters. See 75 FR 31514. Please refer to the 
July 12, 2012, rulemaking finalizing GHG Tailoring Rule Step 3. See 
77 FR 41051. On January 13, 2011, EPD submitted a SIP revision to 
EPA to IBR into the Georgia SIP (at 391-3-1-.02(7)), the version of 
40 CFR 52.21 as of June 3, 2010, which included the GHG Tailoring 
Rule thresholds. EPA took final action to approve Georgia's SIP 
revision on September 8, 2011. See 76 FR 55572. Georgia's submittal 
also revised the State's title V operating permit provisions (which 
are not included in the federally approved SIP) to incorporate the 
GHG Tailoring Rule provisions. As such, EPA did not take final 
action to approve Georgia's update to its title V. As with the 
Tailoring Rule, the Biomass Deferral addresses both PSD and title V 
requirements. However, as part of this action EPA is only taking 
action on Georgia's PSD program.
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C. Fugitive Emissions Interim Rule

    EPA's Fugitive Emissions Interim Rule extends the Agency's March 
31, 2010,\8\ stay of the original December 19, 2008, Fugitive Emissions 
Rule reverting the CFR text back to the language that existed prior to 
the December 19, 2008, Fugitive Emissions Rule changes regarding the 
treatment of fugitive emissions.\9\ See 73 FR 77882. EPA plans to issue 
a final rule affirming the interim rule as final. The final rule will 
remain in effect until EPA completes its reconsideration of the Natural 
Resource Defense Counsel's (NRDC) petition. See 78 FR 2872.
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    \8\ After granting NRDC petition for reconsideration of the 
Fugitives Rule, EPA stayed the 2008 rule for 18 months to October 3, 
2011 on March 31, 2010, allowing the Agency time to propose, take 
comment and issue a final action regarding the inclusion of fugitive 
emissions in NSR applicability determinations.
    \9\ The December 19, 2008, final rule required fugitive 
emissions to be included in determining whether a physical or 
operational change results in a major modification only for sources 
in industries that have been designated through rulemaking under 
section 302(j) of the CAA. Pursuant to CAA section 302(j), examples 
of these industry sectors include oil refineries, Portland cement 
plants, and iron and steel mills.
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D. PM2.5 Grandfathering Provision

    EPA's PM2.5 grandfather provision (established in the 
2008 NSR PM2.5 Rule) allowed PSD applicants that submitted a 
complete permit application prior to July 15, 2008, to continue relying 
upon the 1997 PM10 Surrogate Policy rather than amend their 
application to demonstrate compliance directly with the new 
PM2.5 requirements. See 73 FR 28321. On January 13, 2011, 
Georgia submitted a SIP revision to IBR into the Georgia SIP the 
version of 40 CFR 52.21 as of June 3, 2010 which included language that 
excluded the grandfathering exemption (at 40 CFR 52.21(i)(1)(xi)) from 
the state's PSD regulations (at Rule 391-3-1-.02(7)(b)(6)(i)) ensuring 
that sources were not subject to the grandfathering provision. EPA 
approved Georgia's January 13, 2011, SIP revision on September 8, 2011 
(76 FR 55572). On May 18, 2011, EPA repealed the PM2.5 
grandfathering provision \10\ at 40 CFR 52.21(i)(1)(xi). See 76 FR 
28646. Georgia's July 26, 2012, SIP submittal incorporates into the 
Georgia SIP the version of 40 CFR 52.21 as of July 20, 2011, including 
the May 18, 2011, repeal of the grandfather provision. Thus, the 
PM2.5 grandfathering exclusion language previously approved 
into Georgia's SIP at Rule 391-3-1-.02(7)(b)(6)(i) is no longer 
necessary. Georgia's July 26, 2012, SIP submittal removes the 
unnecessary language pertaining to the removal of the grandfather 
provision from Rule 391-3-1-.02(7)(b)(6)(i).\11\
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    \10\ In the May 16, 2008, NSR PM2.5 Rule, EPA 
finalized regulations to establish the framework for implementing 
preconstruction permit review for the PM2.5 NAAQS in both 
attainment and nonattainment areas including the grandfather 
provision. See 73 FR 2832.
    \11\ Georgia's previous incorporation by reference of 40 CFR 
52.21 at 391-3-1-.02(7) was as of June 3, 2010, which did not 
include the May 18, 2011, repeal of the PM10 Surrogate 
Policy; therefore the grandfathering exclusion language at 391-3-
1-.02(7)(b)(6)(i) was necessary at that time. The June 3, 2010, IBR 
date was approved into the Georgia SIP on September 8, 2011. See 76 
FR 55572.
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    In addition to updates to Rule 391-3-1-.02(7), the July 26, 2012, 
SIP revision also (1) amends Georgia's definitions at 391-3-1-.01 by 
revising subparagraph (nnnn) to reference the February 1, 2012, update 
to Georgia's ``Procedures for Testing and Monitoring Sources of Air 
Pollutants;'' (2) revises Rule 391-3-1-.02(2)--Incinerators to add 
exemptions to subparagraph (c)(6)(ix)-(xiii) to exempt certain 
incinerators from the state rule that are subject to more stringent, 
state adopted federal standards at Rule 391-3-1.02; and (3) modifies 
Georgia's provisions at Rule 391-3-1-.03(6)(i)(4) regarding permit 
exemptions. Georgia's September 26, 2006, SIP (with a clarifying 
revision submitted on November 6, 2006) revises the permit exemption 
provisions at Rule 391-1-.03(6)(i)(3). Both 391-3-1-.03(6)(1)(3) and 
the provision at (i)(4) provide exemptions from the requirement of a 
source to obtain a SIP permit for cumulative modifications where the 
combined emission increases are below specific de minimis 
thresholds.\12\ See 78 FR 2872.
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    \12\ The September 26, 2006, SIP revision to Rule 391-3-
1-.03(6)(i)(3) adds text that excludes contemporaneous emission 
decreases from the combined emission increases for cumulative 
modifications when determining if they are below specific emission 
thresholds for carbon monoxide, lead, particulate matter, 
PM10, sulfur dioxide, nitrogen oxide, volatile organic 
compounds and any hazardous air pollutant applicable to any existing 
source. The July 26, 2012, SIP revision, adds Rule 391-3-
1.03(6)(i)(4) which is an alternative to the exemption in (i)(3) 
that only applies to small modifications at existing quarry sources 
that are not major sources where the combined emission increases can 
include contemporaneous emission decreases from all nonexempt 
modified activities and are less than 10 tons per year of 
particulate matter and PM10. Neither exemption may be 
used to lower the potential to emit below ``major source'' 
thresholds, or avoid any ``applicable requirement'' as defined in 40 
CFR 70.2. See Georgia Rule 391-3-1-.03(6).
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II. This Action

    EPA is taking final action to approve into the Georgia SIP portions 
of the State's July 26, 2012 and September 26, 2006 (as clarified on 
November 6, 2006) SIP revisions. Georgia's Rule 391-3-1-.02(7) IBR the 
federal NSR PSD regulations at 40 CFR 52.21 into the Georgia SIP. EPD's 
July 26, 2012, SIP revision IBR the version of 40 CFR 52.21 at 391-3-
1-.02(7) as of July 20, 2011. By IBR the version of 40 CFR 52.21 
effective on July 20, 2011, this revisions

[[Page 21068]]

incorporates into the Georgia SIP the numerical PM2.5 PSD 
increments promulgated in the PM2.5 PSD Increment-SILs-SMC 
Rule (pursuant to section 166(a) of the CAA) at 40 CFR 52.21(c) 
including the amendments to ``major source baseline date'' (at 40 CFR 
52.21(b)(14)(i)(c)); ``minor source baseline date'' and establishment 
of the ``trigger date'' (40 CFR 52.21(b)(14)(ii)(c)); and the 
definition of ``baseline area'' (at 40 CFR 52.21(b)(15)(i) and (ii)). 
Regarding the PM2.5 SILs and SMC provisions, in light of the 
D.C. Circuit Court January 22, 2013, court order to remand and vacate 
the SILs back to the Agency and vacate the SMC, EPA is not taking 
action on the portion of the submittal containing the SILs or SMC.
    In addition, the July 26, 2012, submission IBR the CO2 
Biomass Rule, thus deferring until July 21, 2014, the consideration of 
``biogenic CO2 emissions'' when determining whether a 
stationary source meets the PSD and title V applicability thresholds by 
updating the definition for ``subject to regulation.'' The submission 
IBR date as serves to include in the Georgia SIP the extension of the 
stay in the Fugitive Emissions Interim Rule.
    The July 26, 2012, SIP submission also (1) IBR the May 18, 2011, 
repeal of the PM2.5 grandfathering provision thereby 
removing the unnecessary grandfathering exclusion language from Rule 
391-3-1-.02(7)(b)(6)(i); (2) amends Georgia's definition at 391-3-1-.01 
subparagraph (nnnn) ``Procedures for Testing and Monitoring Sources of 
Air Pollutants;'' (3) revises Georgia's incinerator regulations at 391-
3-1-.02(2) by adding exemptions to subparagraphs (c)(6)(ix)-(xiii) to 
exempt certain incinerators from the state rule that are subject to 
more stringent, state adopted federal standards at Rule 391-3-1.02; and 
(4) modifies Georgia's provisions at Rule 391-3-1-.03(6)(i)(4) 
regarding permit exemptions.
    Lastly, EPA is taking final action to approve Georgia's September 
26, 2006, SIP submission (as clarified on November 6, 2006) which 
revises the permit exemption provisions at Rule 391-1-.03(6)(i)(3). The 
changes to Georgia's rules submitted September 26, 2006 (as clarified 
on November 6, 2006) and July 26, 2012, became state effective on March 
27, 2006, and August 9, 2012, respectively. EPA is taking final action 
to approve changes mentioned above in the July 26, 2012, and September 
26, 2006, SIP revisions to update the State's existing SIP-approved PSD 
program to be consistent with federal NSR regulations (at 40 CFR 52.21) 
and the CAA as well as changes to Air Quality Rules 391-3-1-.01, .02(2) 
and .03.

III. Response to Comments

    EPA received one set of comments on the January 14, 2013, proposed 
rulemaking from GreenLaw (hereafter referred to as the ``Commenter''). 
A copy of these comments can be found in the docket for today's 
rulemaking at www.regulations.gov using docket ID: EPA-R04-OAR-2012-
0622. The Commenter submitted three comments one of which supports 
EPA's proposed January 14, 2013, actions to approve the 
PM2.5 PSD Increments, Surrogate Policy repeal and extension 
of the Fugitives Emissions Rule stay into the Georgia SIP in accordance 
with the CAA. EPA appreciates the Commenter's support of the Agency's 
action to ensure Georgia's PSD permitting program is consistent with 
federal NSR permitting requirements. To the extent that the comments 
supported EPA's proposed actions, and the final actions being taken 
today, EPA need not provide a response to those comments. A summary of 
and response to the comments potentially adverse to today's action is 
provided below.
    Comment: The Commenter states that EPA cannot approve a SIP 
submittal that includes the PM2.5 SMC and SILs. The 
Commenter cites to the D.C. Circuit Court's January 22, 2013, court 
decision which vacated and remanded back to EPA the SILs and vacated 
the SMC citing the monitoring provisions exceeded EPA's authority. 
Further, the Commenter affirms that the changes proposed for approval 
simply change the date of incorporation by reference but that EPA 
should clarify in its final rulemaking that it is ``denying approval'' 
of SILs and SMCs into the Georgia SIP.
    Response: With regard to the PM2.5 SILs, EPA never 
proposed approval of Georgia's submission as to those provisions. As a 
result, EPA is not now taking any action regarding Georgia's 
PM2.5 SILs submission. With regard to the PM2.5 
SMC provisions, EPA did propose approval of those provisions but in 
light of the D.C. Circuit's January 22, 2013, court order, EPA is not 
now taking final action on EPA's January 14, 2013, proposal regarding 
Georgia's PM2.5 SMC submission. EPA will consider Georgia's 
January 26, 2012, SIP revision (and EPA's previous proposal) with 
regard to the PM2.5 SILs and SMC thresholds in an action 
separate from today's rulemaking.

IV. Final Action

    EPA is taking final action to approve, into the Georgia SIP, 
portions of Georgia's September 26, 2006 (as clarified on November 6, 
2006) and July 26, 2012, SIP revisions adopting federal regulations 
amended in the October 20, 2010, PM2.5 PSD Increment-SILs-
SMC rule; the June 3, 2010, CO2 Biomass Deferral Rule; and 
the March 30, 2011, Fugitive Emissions Interim Rule, amendments 
regarding the PM2.5 Grandfathering Provision, definition 
changes regarding testing and monitoring, and changes regarding 
exemptions from the requirement to obtain a SIP permit and exemptions 
for incinerators. EPA is taking final action to approve these 
aforementioned changes to Georgia's SIP because they are consistent 
with section 110 of the CAA and current EPA regulations regarding NSR 
permitting.
    EPA is not, however, taking final action to approve in this 
rulemaking the portion of Georgia's July 26, 2012, SIP revision 
incorporating the PM2.5 SILs and SMC thresholds and 
provisions promulgated in EPA's PM2.5 PSD Increment-SILs-SMC 
Rule. EPA is also not taking final action to approve in this rulemaking 
Rules 391-3-1-.02(www)--Sewage Sludge Incineration, 391-3-1-.03(9)--
Permit Fees, 391-3-1-.02(8)(b)--New Source Performance Standards and 
391-3-1-.02(9)(b)--Emissions Standards for Hazardous Air Pollutants, 
which were included in Georgia's July 26, 2012, SIP revision, but are 
not part of Georgia's SIP.

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. 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. 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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.);

[[Page 21069]]

     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).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not 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 June 10, 2013. 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, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: March 27, 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 is amended in the paragraph (c) table by revising the 
entries for ``391-3-1-.01,'' ``391-3-1.02(2)(c),'' ``391-3-1.02(7)'' 
and ``391-3-1.03'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Georgia Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                State
          State citation                Title/subject      effective date             EPA approval date                         Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.01.......................  Definitions..........          8/9/12  4/9/13 [Insert citation of
                                                                            publication].
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.02(2)....................                                                   Emission Standards
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1.02(2)(c)..................  Incinerators.........          8/9/12  4/9/13 [Insert citation of
                                                                            publication].
--------------------------------------------------------------------------------------------------------------------------------------------------------
 

[[Page 21070]]

 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.02(7)....................  Prevention of                  8/9/12  4/9/13 [Insert citation of              As of 4/9/13 EPA is approving a
                                     Significant                            publication].                           revision to 391-3-1-.02(7) to
                                     Deterioration of Air                                                           incorporate by reference the version
                                     Quality (PSD).                                                                 of 40 CFR 52.21 as of July 20, 2011.
                                                                                                                    See [Insert citation of publication]
                                                                                                                    with the exception of the PM2.5 SMC
                                                                                                                    and SILs thresholds and provisions
                                                                                                                    promulgated in the October 20, 2010
                                                                                                                    PM2.5 PSD Increment-SILs-SMC Rule at
                                                                                                                    40 CFR 52.21(i)(5) and (k)(2)
                                                                                                                    respectively.
                                                                                                                   September 9, 2011(76 FR 55572)--
                                                                                                                    Georgia's PSD Rule 391-3-1-.02(7)
                                                                                                                    incorporates by reference the
                                                                                                                    regulations found at 40 CFR 52.21 as
                                                                                                                    of June 3, 2010, with changes. This
                                                                                                                    EPA action is approving the
                                                                                                                    incorporation by reference with the
                                                                                                                    exception of the following
                                                                                                                    provisions: (1) The provisions
                                                                                                                    amended in the Ethanol Rule (72 FR
                                                                                                                    24060) which exclude facilities that
                                                                                                                    produce ethanol through a natural
                                                                                                                    fermentation process from the
                                                                                                                    definition of ``chemical process
                                                                                                                    plants'' in the major NSR source
                                                                                                                    permitting program found at 40 CFR
                                                                                                                    52.21(b)(1)(i)(a) and (b)(1(iii)(t);
                                                                                                                    and (2) the administrative
                                                                                                                    regulations amended in the Fugitive
                                                                                                                    Emissions Rule (73 FR 77882).
                                                                                                                    Additionally, this EPA action is not
                                                                                                                    approving the ``automatic rescission
                                                                                                                    clause'' provision at 391-3-
                                                                                                                    1.02(7)(a)2.(iv).
                                                                                                                   This rule contains NOX as a precursor
                                                                                                                    to ozone for PSD and NSR.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.03.......................  Permits..............          8/9/12  4/9/13 [Insert citation of              Changes specifically to (8)--Permit
                                                                            publication].                           Requirements.
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 21071]]

* * * * *
[FR Doc. 2013-07978 Filed 4-8-13; 8:45 am]
BILLING CODE 6560-50-P