[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Rules and Regulations]
[Pages 45609-45613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18758]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0413; FRL-9931-65-Region 4]


Approval and Promulgation of Implementation Plans; Georgia: 
Revisions to Definitions and Ambient Air Quality Standards

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve portions of State Implementation Plan (SIP) 
revisions submitted by the State of Georgia, through the Georgia 
Department of Natural Resources' Environmental Protection Division (GA 
EPD), on August 30, 2010, December 15, 2011, and November 12, 2014. The 
SIP submittals include changes to GA EPD's air quality rules that, 
among other things, modify definitions and modify the ambient air 
standards for fine particulate matter. The portions of the SIP 
revisions that EPA is approving are consistent with the requirements of 
the Clean Air Act (CAA).

DATES: This direct final rule is effective September 29, 2015 without 
further notice, unless EPA receives adverse comment by August 31, 2015. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2015-0413, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (404) 562-9019.
    4. Mail: ``EPA-R04-OAR-2015-0413,'' Air Regulatory Management 
Section (formerly Regulatory Development Section), Air Planning and 
Implementation Branch (formerly Air Planning Branch), Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air 
Regulatory Management Section, Air Planning and Implementation Branch, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Such

[[Page 45610]]

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 a.m. to 4:30 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2015-0413.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, 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 through 
www.regulations.gov or email, information that you consider to be CBI 
or otherwise protected. The www.regulations.gov Web site is an 
``anonymous access'' system, 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 email comment directly to EPA without 
going through www.regulations.gov, your email 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 encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information may not be 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 
www.regulations.gov or in hard copy at the Air Regulatory Management 
Section, Air Planning and Implementation 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 a.m. to 4:30 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached by phone at (404) 562-9089 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On August 30, 2010, December 15, 2011, and November 12, 2014, GA 
EPD submitted SIP revisions to EPA for review and approval into the 
Georgia SIP that contain changes to a number of Georgia's air quality 
rules at rule chapter 391-3-1. The changes that EPA is approving into 
the SIP today modify portions of Rule 391-3-1-.01--``Definitions,'' and 
Rule 391-3-1-.02(4)--``Ambient Air Standards.'' The changes requested 
by Georgia in the three SIP revisions are discussed below.
    EPA is not acting on the changes to the following rule sections 
proposed by Georgia because the rule sections are not incorporated into 
the SIP: Rule 391-3-1-.02(8)(b)--``New Source Performance Standards'' 
(August 30, 2010, and November 12, 2014, submittals); Rule 391-3-
1-.02(9)(b)--``Emission Standards for Hazardous Air Pollutants'' 
(August 30, 2010, December 15, 2011, and November 12, 2014, 
submittals); Rule 391-3-1-.03(9)--``Permit Fees'' (August 30, 2010, and 
December 15, 2011, submittals); Rule 391-3-1-.02(2)(www)--``Sewage 
Sludge Incineration Units Constructed On or Before October 14, 2010'' 
(November 12, 2014, submittal); and Rule 391-3-1-.03(10)--``Title V 
Operating Permits'' (November 12, 2014, submittal). EPA is not acting 
on changes to Rule 391-3-1-.02(2)(uuu)--``SO2 Emissions from 
Electric Utility Steam Generating Units,'' included in the December 15, 
2011, submittal because the rule is not part of the SIP and the State's 
prior request to incorporate the rule into the SIP was withdrawn from 
EPA consideration by the State in a letter dated December 9, 2014. At 
this time, the Agency is not acting on changes to Rule 391-3-
1-.01(cccc)--``Synthetic Minor Permits'' or related changes to Rule 
391-3-1-.03(11)--``Permit by Rule,'' in the December 15, 2011, 
submittal or changes to Rule 391-3-1-.03(8) in the December 15, 2011, 
submittal because those revisions will be addressed in a separate 
action. Changes to Rule 391-3-1-.02(4)--``Ambient Air Standards,'' from 
the August 30, 2010, and December 15, 2011, submittals were previously 
approved, and therefore, are not before the EPA for consideration in 
today's action. See 78 FR 28744 (May 16, 2013).
    EPA is also not acting on changes to Rule 391-3-1-.02(7)--
``Prevention of Significant Deterioration'' in the December 15, 2011, 
or November 12, 2014, submittals at this time because these changes 
will be addressed in a separate action. The Agency is not acting on 
changes to Rule 391-3-1-.02(7) from two August 30, 2010, submittals 
because the changes were previously submitted to EPA in an October 31, 
2006, submittal and approved into the SIP. See 75 FR 71018 (November 
22, 2010). Finally, EPA is not taking action on changes to Rule 391-3-
1-.03(13)(c)--``Quantification of Emission Reduction Credits,'' 
included in one August 30, 2010, submittal, because the version of the 
rule in the SIP already contains the requested language.\1\
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    \1\ Following EPA's approval of Rule 391-3-1-.03(13) into the 
SIP, the State modified provision 391-3-1-.03(13)(c) and submitted 
that change to EPA as a SIP revision on March 5, 2007. EPA 
disapproved that change on December 30, 2008. See 73 FR 79653. 
Georgia subsequently reverted to the original language in 391-3-
1-.03(13)(c) and submitted that original language to EPA for 
approval in its August 30, 2010, SIP revision. Because the version 
of 391-3-1-.03(13)(c) incorporated into the SIP did not change to 
reflect the State's proposed 2007 modification, there is currently 
no modification for EPA to act on.
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II. Analysis of Georgia's Submittals

A. Rule 391-3-1-.01--``Definitions''

1. Rule 391-3-1-.01(llll)--``Volatile Organic Compound''
    Georgia is amending its definition of volatile organic compound 
(VOC) at Rule 391-3-.01(llll) \2\ by adding eight additional compounds 
to the list of

[[Page 45611]]

compounds excluded from the definition of VOC and by excluding one 
compound from VOC emissions limitations or VOC content requirements 
(this compound remains a ``VOC'' for recordkeeping, emissions 
inventories, and modeling purposes). GA EPD is revising its definition 
of VOC to reflect modifications to the Federal definition at 40 CFR 
51.100(s) made by EPA on February 20, 2009 (74 FR 3437) (reflected in 
the August 30, 2010, submittal) and on November 29, 2004 (69 FR 69298), 
February 12, 2013 (78 FR 9823), August 28, 2013 (78 FR 53029), and 
October 22, 2013 (78 FR 62451) (reflected in the November 12, 2014, 
submittal).
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    \2\ Additionally, GA EPD submitted a change to Rule 391-3-
1-.01(llll) (and changes to several other rules) to EPA in an 
October 31, 2006, submittal (available at Docket ID: EPA-R04-OAR-
2006-0649-201059). However, GA EPD did not request that EPA act to 
approve many of these changes into the SIP, including the change to 
Rule 391-3-1-.01(llll), in the submittal cover letter. Therefore, 
EPA does not consider the changes in the October 31, 2006, submittal 
that were not identified by the State for approval into the SIP to 
be part of an official SIP revision package. EPA has acted only on 
the rule changes in the October 31, 2006, submittal that Georgia 
requested for inclusion into the SIP. See 74 FR 62249 and 75 FR 
71018 (November 27, 2009; November 22, 2010).
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    EPA's policy is that compounds of carbon with a negligible level of 
reactivity need not be regulated to reduce ozone. See 42 FR 35314 (July 
8, 1977). EPA determines whether a given carbon compound has 
``negligible'' reactivity by comparing the compound's reactivity to the 
reactivity of ethane. EPA excludes these compounds in its definition of 
VOC at 40 CFR 51.100(s). The chemicals on this list are often called 
``negligibly reactive.'' EPA may periodically add compounds to or 
delete compounds from the list of negligibly reactive compounds in 40 
CFR 51.100(s).
    The changes approved to the SIP today update the definition of VOC 
at Rule 391-3-1-.01(llll) for consistency with the definition of VOC at 
40 CFR 51.100(s) by: (1) Adding eight additional compounds to the list 
of compounds excluded from the definition of VOC; \3\ and (2) adding 
the following paragraph to clarify the status of t-butyl acetate--
``[t]he following compound(s) are VOC for purposes of all 
recordkeeping, emissions reporting, photochemical dispersion modeling 
and inventory requirements which apply to VOC and shall be uniquely 
identified in emission reports, but are not VOC for purposes of VOC 
emissions limitations or VOC content requirements: t-butyl acetate.''
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    \3\ The eight compounds are: propylene carbonate; dimethyl 
carbonate; HCF2OCF2H (HFE-134); 
HCF2OCF2OCF2H (HFE-236cal2); 
HCF2OCF2CF2OCF2H (HFE-
338pcc13); 
HCF2OCF2OCF2CF2OCF2
H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans-1-
chloro-3,3,3-trifluoroprop-1-ene; and 2,3,3,3-tetrafluoropropene. 
These compounds are excluded from the Federal definition of VOC at 
40 CFR 51.100(s).
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    EPA is approving these changes to Rule 391-3-1-.01(llll) into the 
SIP to maintain consistency with the Federal definition of VOC at 40 
CFR 51.100(s). These rule changes became state effective on July 20, 
2009, and October 14, 2014.
2. 391-3-1-.01(nnnn)--``Procedures for Testing and Monitoring Sources 
of Air Pollutants''
    In the November 12, 2014, submittal, Georgia is amending the 
definition of ``Procedures for Testing and Monitoring Sources of Air 
Pollutants'' at Rule 391-3-1-.01(nnnn) to reference the February 7, 
2014, version of the Georgia Department of Natural Resources document 
entitled ``Procedures for Testing and Monitoring Sources of Air 
Pollutants.'' The purpose of that document is to identify the 
procedures used for testing and monitoring the air pollutant sources. 
The August 30, 2010, submittal revised the date of the document to 
reflect then-current version of the document, dated March 1, 2009; and 
the December 15, 2011, submittal revised the date to the then-current 
version, dated February 1, 2011. However, the more current November 12, 
2014, SIP submittal revised the date to reflect the February 7, 2014, 
version of the document, and this revision supersedes the revisions 
submitted on August 30, 2010, and December 15, 2011. This change to the 
SIP is approvable because it merely updates the date of the 
``Procedures for Testing and Monitoring Sources of Air Pollutants'' 
document referenced in the SIP-approved version of Rule 391-3-
1-.01(nnnn). The revision to this rule in the November 12, 2014, SIP 
revision became state effective on October 14, 2014.

B. Rule 391-3-1-.02(4)--``Ambient Air Standards''

    Georgia is amending Rule 391-3-1-.02(4)(c)2.(ii), relating to the 
ambient air standards for fine particulate matter (PM2.5), 
to reflect the 2012 annual national ambient air quality standards 
(NAAQS) for this pollutant, set at 12.0 micrograms per cubic meter on 
December 14, 2012. See 78 FR 3086 (January 15, 2013). EPA is approving 
this revision to the Georgia SIP to maintain consistency with the 
PM2.5 NAAQS at the time that the submission was provided to 
EPA. Georgia's rule revision became state effective on October 14, 
2014.

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 incorporate by reference of the revised 
definition of ``Volatile Organic Compound'' at Rule 391-3-1-.01(llll) 
(state effective on July 20, 2009, and October 14, 2014), the revised 
definition of ``Procedures for Testing and Monitoring Sources of Air 
Pollutants'' at Rule 391-3-1-.01(nnnn) (state effective on October 14, 
2014), and the revisions to the PM2.5 ambient air standard 
at Rule 391-3-1-.02(4)(c)2.(ii) (state effective on October 14, 2014). 
EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or in hard 
copy at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).

IV. Final Action

    EPA is taking direct final action to approve the changes to the 
Georgia SIP specifically identified in section II, above, because these 
changes are consistent with the CAA. EPA is publishing this rule 
without prior proposal because the Agency views these as 
noncontroversial submittals and anticipates no adverse comments. 
However, in the proposed rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve the changes should adverse comments be filed. 
This rule will be effective September 29, 2015 without further notice 
unless the Agency receives adverse comments by August 31, 2015.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on September 29, 2015 and 
no further action will be taken on the proposed rule. Please note that 
if we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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. Accordingly, this 
action merely approves state law as meeting

[[Page 45612]]

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);
     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 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 29, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. 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, Particulate matter, Volatile 
organic compounds.

    Dated: July 22, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. Section 52.570(c) is amended by revising the entries for ``391-3-
1-.01'' and ``391-3-1-.02(4)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
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                                                           State
        State citation              Title/subject     effective date    EPA approval date        Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01...................  Definitions.........      10/14/2014  7/31/2015, [Insert    ....................
                                                                       citation of
                                                                       publication].
 
                                                  * * * * * * *
391-3-1-.02(4)................  Ambient Air               10/14/2014  7/31/2015, [Insert    ....................
                                 Standards.                            citation of
                                                                       publication].
 
                                                  * * * * * * *
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[FR Doc. 2015-18758 Filed 7-30-15; 8:45 am]
 BILLING CODE 6560-50-P