[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)]
[Rules and Regulations]
[Pages 1206-1208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31753]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0468; FRL-9957-52-Region 4]


Air Plan Approval; Georgia: Procedures for Testing and Monitoring 
Sources of Air Pollutants

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 April 11, 2003, November 29, 2010, July 25, 2014, November 23, 
2015, and November 29, 2016. The SIP submittals include changes to GA 
EPD's air quality rules that modify definitions. The portions of the 
SIP revisions that EPA is approving are consistent with the 
requirements of the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective March 6, 2017 without 
further notice, unless EPA receives adverse comment by February 6, 
2017. 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-2016-0468 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. Lakeman can be reached by phone at (404) 562-9043 or 
via electronic mail at [email protected].

[[Page 1207]]


SUPPLEMENTARY INFORMATION:

I. Background

    On April 11, 2003, November 29, 2010, July 25, 2014, November 23, 
2015, and November 29, 2016, 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. The only change that EPA is 
approving into the SIP today modifies portions of Rule 391-3-1-.01--
``Definitions'' with respect to procedures for testing and monitoring 
sources of air pollutants. The change requested by Georgia is discussed 
below. EPA is not taking action on any other changes in Georgia's 
submittals provided on April 11, 2003, November 29, 2010, July 25, 
2014, November 23, 2015, and November 29, 2016, because these changes 
either do not address rule sections that are incorporated into the SIP 
or are being or have already been considered in a separate action.

II. EPA's Analysis of the State's Submission Regarding Rule 391-3-
1-.01(nnnn)--``Procedures for Testing and Monitoring Sources of Air 
Pollutants''

    In the November 29, 2016, 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 29, 
2016, 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 November 23, 2015, submittal revised the date of the document to 
reflect the then-current version of the document, dated January 5, 
2015; the July 25, 2014, submittal revised the date of the document to 
reflect the then-current version of the document, dated February 8, 
2013; the November 29, 2010, submittal revised the date to the then-
current version, dated March 1, 2010; and the April 11, 2003, submittal 
revised the date to the then-current version, January 29, 2003. 
However, the more current November 29, 2016, SIP submittal revised the 
date to reflect the February 29, 2016, version of the document, and 
this revision supersedes the revisions submitted on April 11, 2003, 
November 29, 2010, July 25, 2014, and November 23, 2015. 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 23, 2015, SIP 
submittal became state-effective on August 14, 2016.

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(nnnn) ``Procedures for Testing and Monitoring Sources of 
Air Pollutants,'' effective on August 3, 2015. Therefore, this material 
has been approved by EPA for inclusion in the SIP, has been 
incorporated by reference by EPA into that plan, is 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 by the Director of the Federal Register in 
the next update to the SIP compilation.\1\ EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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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 this as a 
noncontroversial submittal 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 SIP revision should adverse comments be 
filed. This rule will be effective March 6, 2017 without further notice 
unless the Agency receives adverse comments by February 6, 2017.
    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 March 6, 2017 and no 
further action will be taken on the proposed rule.

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 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,

[[Page 1208]]

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 March 6, 2017. Filing a petition for 
econsideration 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: December 15, 2016.
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. In Sec.  52.570, the table in paragraph (c) is amended by revising 
the entry ``391-3-1-.01'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
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                                                        State effective
         State citation              Title/subject            date         EPA approval date      Explanation
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391-3-1-.01.....................  Definitions........          8/14/2016  1/5/2017, [insert
                                                                           Federal Register
                                                                           citation].
 
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[FR Doc. 2016-31753 Filed 1-4-17; 8:45 am]
 BILLING CODE 6560-50-P