[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29418-29421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0113; FRL-9964-06-Region 4]


Air Plan Approval; Georgia: Permit Exemptions and Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, through the Georgia Department of Natural Resources' 
Environmental Protection Division (GA EPD), on September 19, 2006, with 
a clarification submitted on November 6, 2006. This direct final action 
approves changes to existing minor source permitting exemptions and 
approves a definition related to minor source permitting exemptions. 
EPA is approving these portions of this SIP revision because the State 
has demonstrated that they are consistent with the Clean Air Act (CAA 
or Act).

DATES: This direct final rule is effective August 28, 2017 without 
further notice, unless EPA receives adverse comment by July 31, 2017. 
If EPA receives such comment, 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-2007-0113 at https://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 https://www2.epa.gov/dockets/commenting-epa-dockets.

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 via telephone at (404)

[[Page 29419]]

562-9089 or via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 19, 2006, GA EPD submitted SIP revisions to EPA for 
review and approval into the Georgia SIP. GA EPD submitted a 
clarification on November 6, 2006, which fixed typographical errors in 
the original submission. The submission contains changes to a number of 
Georgia's air quality rules at Rule 391-3-1. EPA is approving the 
portions of the SIP revisions that modify Rule 391-3-1-.01--
``Definitions,'' and Rule 391-3-1-.03(6)--``Exemptions.'' The changes 
requested by Georgia in the SIP revision are discussed below in Section 
II.
    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(2)(ppp)--``Commercial and Industrial Solid 
Waste Incinerators''; Rule 391-3-1-.02(8)--``New Source Performance 
Standards''; Rule 391-3-1-.02(9)--``Emission Standards for Hazardous 
Air Pollutants''; Rule 391-3-1-.03(9)--``Permit Fees''; and Rule 391-3-
1-.03(10)--``Title V Operating Permits. EPA is not acting on changes to 
Rule 391-3-1-.02(2)(ooo)--``Heavy Duty Diesel Engine Requirements,'' 
included in the September 19, 2006, submittal because the changes were 
withdrawn from EPA consideration by the State in a letter dated January 
25, 2016. EPA is not acting on changes to Rule 391-3-1-.02(6)--
``Specific Monitoring and Reporting Requirements for Particular 
Sources--Emission Statements,'' at paragraph (a)(4) because a 
subsequent revision to the rules, submitted on March 5, 2007, was 
approved on November 27, 2009, and supersedes the September 19, 2006, 
submittal. See 74 FR 62249. Accordingly, GA EPD withdrew this 
superseded revision to Rule 391-3-1-.02(6) from EPA consideration in a 
letter dated December 1, 2016.
    EPA has previously approved the majority of revisions to Georgia 
rules originally included in the September 19, 2006, submittal. The 
following revisions were previously approved on February 9, 2010 (75 FR 
6309), as corrected on August 26, 2010 (75 FR 52470): Rule 391-3-
1-.01--``Definitions'' at paragraph (llll), ``Volatile Organic Compound 
(VOC)'' and at paragraph (nnnn), ``Procedures for Testing and 
Monitoring Sources of Air Pollutants''; Rule 391-3-1-.02(2)(d)--``Fuel 
Burning Equipment''; Rule 391-3-1-.02(2)(tt)--``VOC Emissions From 
Major Sources''; Rule 391-3-1-.02(2)(yy)--``Emissions of Nitrogen 
Oxides [NOX] From Major Sources''; Rule 391-3-
1-.02(2)(rrr)--``NOX Emissions from Small Fuel-Burning 
Equipment''; Rule 391-3-1-.02(4)--``Ambient Air Standards''; Rule 391-
3-1-.02(5)--``Open Burning''; Rule 391-3-1-.03(6)--``Exemptions'' at 
paragraph (b), ``Combustion Equipment'' and paragraph (j), '' 
Construction Permit Exemption for Pollution Control Projects''; Rule 
391-3-1-.03(11)--``Permit by Rule''; and the repeal of Rule 391-3-
1-.05--``Regulatory Exemptions.'' The revisions to Rule 391-3-
1-.02(2)(zz)--``Gasoline Dispensing Facilities--Stage II,'' were 
approved on December 1, 2010. See 75 FR 74624. The revisions to Rule 
391-3-1-.02(2)(mmm)--``NOX Emissions from Stationary Gas 
Turbines and Stationary Engines used to Generate Electricity,'' were 
approved on August 1, 2015. See 80 FR 52627. EPA previously approved 
the revisions submitted to Rule 391-3-1-.03(6)--``Exemptions'' at 
paragraph (i), ``Other [sources]'' on April 9, 2013. See 78 FR 21065. 
EPA also previously approved the revisions submitted to Rule 391-3-
1-.03(6)--``Exemptions'' at paragraph (j), ``Construction Permit 
Exemption for Pollution Control Projects'' on February 9, 2010. See 75 
FR 6309. Finally, the change submitted to Rule 391-3-1-.03(6)--
``Exemptions,'' at paragraph (g), subparagraph 5, which revised 
applicability for an exemption for fuel burning operations at municipal 
solid waste landfills for NOX, was previously approved, as 
submitted on March 15, 2005, and therefore, is not before the EPA for 
consideration in this action. See 70 FR 24310 (May 9, 2005).

II. Analysis of Georgia's Submittal

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

    Georgia seeks to add a definition of ``pollution control projects'' 
to its SIP at Rule 391-3-1-.01(qqqq). This definition lists certain 
projects, described as ``environmentally beneficial,'' that are 
exempted from the minor new source review (NSR) construction permit 
requirements under Rule 391-3-1-.03(6)(j). The exemption does not apply 
to sources subject to major NSR requirements under either Rule 391-3-
1-.02(7) (``Prevention of Significant Deterioration [PSD] of Air 
Quality''), or Rule 391-3-1-.03(8) ``Permit Requirements'' under 
paragraph (c), (Georgia's nonattainment new source review (NNSR)). The 
exemption for pollution control projects applies to minor sources only, 
limiting any emissions increases from the exempted projects to below 
the major source thresholds for all pollutants.
    EPA previously approved the exemption for pollution control 
projects for minor sources at Rule 391-3-1-.03(6)(j) on February 9, 
2010. See 75 FR 6309. In this action, EPA is approving a definition of 
``pollution control projects'' at Rule 391-3-1-.01(qqqq). Because this 
definition only applies to minor sources, it is not impacted by the 
United States Court of Appeals for the District of Columbia Circuit 
decision in New York v. EPA, 413 F.3d 3 (D.C. Cir.), in which the D.C. 
Circuit vacated an exemption for pollution control projects from the 
federal NSR regulations for major sources. Georgia's major NSR rules 
are consistent with federal rules and the D.C. Circuit decision on 
pollution control projects for major NSR.
    Section 110(l) of the CAA prevents EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the Act. EPA has 
determined that the change to Rule 391-3-1-.01(qqqq) will not interfere 
with any applicable requirement concerning attainment or any other 
applicable requirement of the CAA because the change clarifies a 
previously approved exemption from the construction permit 
requirements.

B. Rule 391-3-1-.03(6)--``Exemptions''

    Georgia is revising existing exemptions from minor NSR permitting 
by adding language to clarify that these exemptions do not extend to 
sources that are subject to new source performance standards for 
stationary sources (NSPS) or national emission standards for hazardous 
air pollutants (NESHAPs). Georgia's SIP at Rule 391-3-1-.03(6) 
currently provides exemptions from permitting requirements, so long as 
the exemption is not used to avoid any other ``applicable 
requirement,'' such as NSPS or NESHAPS. Rule 391-3-1.03(6)(g)1. 
currently exempts sanitary wastewater collection systems other than 
incineration equipment from obtaining minor source construction 
permits; Rule 391-3-1-.03(6)(g)2. exempts on site soil or groundwater 
decontamination units from obtaining these permits. The September 19, 
2006, SIP revision changes these provisions to reiterate the condition 
that only systems and units in (g)1. and (g)2. that ``are not subject 
to any standard, limitation or other requirement under section 111 or 
section 112 (excluding section 112(r))'' of the CAA--corresponding to 
NSPS and NESHAPs, respectively--are

[[Page 29420]]

exempted. These changes became state effective on July 13, 2006.
    EPA has determined that these changes will not interfere with any 
applicable requirement concerning attainment or any other applicable 
requirement of the CAA and therefore satisfy section 110(l) of the CAA, 
because no substantive changes are made to the existing exemptions, and 
the clarifying amendments provide greater certainty to sources and the 
public about applicability of the Rule.

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 Rule 391-3-
1-.01(qqqq), ``Definitions,'' effective August 14, 2016,\1\ and Rule 
391-3-1-.03(6)(g) ``Permits,'' effective August 9, 2012.\2\ Therefore, 
these materials have been approved by EPA for inclusion in the State 
implementation plan, have been incorporated by reference by EPA into 
that plan, are 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.\3\ EPA has 
made, and will continue to make, these materials generally available 
through https://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\ The effective date of the change to Rule 391-3-1-.01 made in 
Georgia's September 19, 2006, SIP revision is July 13, 2006. 
However, for purposes of the state effective date included at 40 CFR 
52.570(c), that change to Georgia's rule is captured and superseded 
by Georgia's update in a November 29, 2016, SIP revision, state 
effective on August 14, 2016, which EPA previously approved on 
January 5, 2017. See 82 FR 1207 (January 5, 2017).
    \2\ The effective date of the change to Rule 391-3-1-.03 made in 
Georgia's September 19, 2006, SIP revision is July 13, 2006. 
However, for purposes of the state effective date included at 40 CFR 
52.570(c), that change to Georgia's rule is captured and superseded 
by Georgia's update in a July 26, 2012, SIP revision, which EPA 
previously approved on April 9, 2013. See 78 FR 21065.
    \3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP at 
Rules 391-3-1-.01(qqqq) and 391-3-1-.03(6)(g) because they 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 
August 28, 2017 without further notice unless the Agency receives 
adverse comments by July 31, 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 August 28, 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, 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 August 28, 2017. 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 this Federal Register, rather than file an immediate 
petition for judicial

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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, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 14, 2017.
V. Anne Heard,
Acting 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. Amend Sec.  52.570(c) by revising the entries for ``391-3-1-.01'' 
and ``391-3-1-.03'' 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
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391-3-1-.01.......................  Definitions..........       8/14/2016  6/29/2017, [Insert Federal Register
                                                                            citation].
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                                                                      * * * * * * *
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391-3-1-.03.......................  Permits..............        8/9/2012  6/29/2017, [Insert Federal Register
                                                                            citation].
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[FR Doc. 2017-13536 Filed 6-28-17; 8:45 am]
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