[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Rules and Regulations]
[Pages 35106-35109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15737]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0021; FRL-9965-25-Region 4]


Air Plan Approval; Georgia; Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

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 November 29, 2010, and July 25, 2014. These changes correct a 
numbering error, clarify rule applicability and remove obsolete tables 
and references in multiple rules. EPA is approving portions of these 
SIP revisions because the State has demonstrated that they are 
consistent with the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective September 26, 2017 without 
further notice, unless EPA receives adverse comment by August 28, 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-2017-0021 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: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 29, 2010, and July 25, 2014, GA EPD submitted revisions 
to EPA for review and approval into the Georgia SIP that contain 
changes to a number of Georgia's air quality rules in Rule 391-3-1. The 
changes that EPA is approving into the SIP modify Rule 391-3-1-.01, 
``Definitions,'' and Rule 391-3-1-.02, ``Provisions.'' The changes 
requested by Georgia in these proposed SIP revisions are discussed 
below.
    The November 29, 2010, submittal includes a change to Rule 391-3-
1-.01(nnnn), ``Procedures for Testing and Monitoring Sources of Air 
Pollutants.'' EPA approved this change on January 5, 2017 (82 FR 1206). 
EPA is not acting on changes to Rule 391-3-1-.02(2)(sss), 
``Multipollutant Control for Electric Utility Steam Generating Units'' 
and Rule 391-3-1-.14--``General Conformity'' included in the November 
29, 2010, submittal because the rules are 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 1, 2016.\1\
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    \1\ The December 1, 2016 letter is included in the docket for 
this action.
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    The July 25, 2014, submittal includes several changes that are not 
part of this action. Rule 391-3-1-.01(llll), ``Volatile organic 
compound,'' was approved on October 5, 2016, (81 FR 68936) and Rule 
391-3-1-.01(nnnn), ``Procedures for Testing and Monitoring Sources of 
Air Pollutants,'' was approved on January 5, 2017, (82 FR 1206). With 
respect to GA EPD's submission related to Rule 391-3-1-.02(4), 
``Ambient Air Standards,'' and Rule 391-3-1-.03(8), ``Permit 
Requirements,'' EPA will act on these changes in a separate action.

II. Analysis of State's Submittal

A. November 29, 2010 Submittal

    Georgia's November 29, 2010, submittal makes only one 
administrative edit to Rule 391-3-1-.02(2)(ss), ``Gasoline Transport 
Vehicles and Vapor Collection Systems.'' Specifically, the submittal 
fixes a numbering error at Rule 391-3-

[[Page 35107]]

1.02(2)(ss)(5) by revising the citation for a provision defining the 
term ``Vapor Control System'' from ``iv'' to ``vi.'' EPA is approving 
this administrative change to Rule 391-3-1-.02(2)(ss) into the SIP. 
This change became state effective on October 6, 2010.

B. July 25, 2014 Submittal

    Georgia's July 25, 2014, submission makes multiple changes to Rule 
391-3-1-.02.
    GA EPD revises two sections in Rule 391-3-1-.02(2)(a), ``General 
Provisions.'' The first change adds a subparagraph at Rule 391-3-
1-.02(2)(a)6.(i)(VI), which clarifies applicability requirements for 
certain volatile organic compound (VOC) emission standards. This change 
clarifies that, when calculating emissions for purposes of an 
applicability determination for each standard, the source should only 
include emissions from units belonging to the source category to which 
the standard would apply.
    The second change removes a paragraph at Rule 391-3-1.02(2)(a)9., 
titled Kraft Pulp Mill Total Reduced Sulfur (TRS) Compliance Schedules. 
Kraft Pulp Mill sources were required to comply with the TRS Compliance 
Schedule no later than 43 months after the September 1, 1988, 
notification date. New sources after April 1, 1992, have to be in 
compliance upon start-up. The July 25, 2014, SIP submittal deletes 
paragraph 9 because sources have met the TRS compliance schedule, so 
the provision is obsolete. Additionally, Georgia makes an 
administrative change to Rule 391-3-1-.02 (2)(gg), ``Kraft Pulp 
Mills,'' by removing reference to the approval of the TRS Compliance 
Schedule in subparagraph 2(i)(V).
    Rule 391-3-1-.02(2)(e), ``Particulate Emission from Manufacturing 
Processes,'' establishes allowable particulate matter emission limits 
for sources that are not subject to another rule or permit condition. 
The rule currently provides equations to calculate allowable emission 
rates based on process input weight rate for new and existing 
equipment. In addition, two tables, Ia and Ib, also provide the 
allowable emissions rates. Georgia is removing these two tables since 
the equations in the rule serve the same purpose, and as such this 
change is administrative in nature.
    Rule 391-3-1-.02(2)(l), ``Conical Burners.'' This rule was first 
incorporated in the SIP to address the use of conical burners for wood 
waste burning. These burners gradually went out of service and are no 
longer in operation in Georgia. The July 25, 2014, SIP submittal 
removes the regulation for conical burners as it is no longer 
applicable and is obsolete. Moreover, if a source were to begin 
operating in Georgia in the future, it would be subject to new source 
review, as well as the new source performance standards and emission 
guidelines for commercial and industrial solid waste incineration units 
in 40 Code of Federal Regulations (CFR) Part 60 Subparts CCCC and DDDD, 
thus ensuring that the source would not interfere with any applicable 
requirement under the CAA.
    Rule 391-3-1-.02(2)(o), ``Cupola Furnaces for Metallurgical 
Melting.'' This rule was first incorporated in the SIP to address 
particulate emissions from foundries. These sources are no longer 
operating in Georgia. This change removes the regulation for cupola 
furnaces for metallurgical melting as it is no longer applicable and is 
obsolete. Moreover, if a source were to begin operating in the future, 
it would be subject to new source review, as well as 40 CFR part 63 
Subpart EEEEE or ZZZZZ, thus ensuring that the source would not 
interfere with any applicable requirement under the CAA.
    Rule 391-3-1-.02(2)(p), ``Particulate Emissions from Kaolin and 
Fuller's Earth Processes.'' This rule was first incorporated in the SIP 
to establish allowable particulate emission limits from clay processing 
operations. The rule currently provides equations to calculate 
allowable emission rates based on process input weight rate for new and 
existing equipment. In addition, two tables, IIa and IIb, also provide 
the allowable emissions rates. Georgia is removing these two tables 
since the equations in the rule serve the same purpose, and as such 
this change is administrative in nature.
    Rule 391-3-1-.02(2)(q), ``Particulate Emissions from Cotton Gins.'' 
This rule was first incorporated in the SIP to address particulate 
emissions from cotton ginning operations. The rule currently provides 
an equation to calculate allowable emission rates based on number of 
standard bales per hour. In addition, table IIIa also provides the 
allowable emissions rates. Georgia is removing this table since the 
equation in the rule serves the same purpose, and as such this change 
is administrative in nature.
    Rule 391-3-1-.02(6)(a), ``Specific Monitoring and Reporting 
Requirements for Particular Sources.'' This rule was first incorporated 
in the SIP on September 18, 1979 (44 FR 54047), to address sources 
subject to any of the Standards of Performance for New Stationary 
Sources of or pursuant to 42 U.S.C. 7411, as amended, or National 
Emission Standards for Hazardous Air Pollutants of or pursuant to 42 
U.S.C. 7412. Sources subject to the rule were required to install 
monitoring equipment and begin monitoring within 18 months of the 1979 
rulemaking. After the implementation period, new sources must be in 
compliance with monitoring requirements upon startup. Georgia is 
removing subparagraph 391-3-1-.02(6)(a)(2)(x), as the implementation 
period has passed and is now obsolete.
    EPA is approving the aforementioned changes from the July 25, 2014, 
submittal into the SIP because the rules are consistent with CAA 
section 110. These changes became state effective on August 1, 2013.

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-.02(2)(ss), ``Gasoline Transport Vehicles and Vapor Collection 
Systems,'' effective October 6, 2010, and Rule 391-3-1-.02(2)(a), 
``General Provisions,'' Rule 391-3-1-.02(2)(e), ``Particulate Emission 
from Cotton Gins,'' Rule 391-3-1-.02(2)(p), ``Particulate Emissions 
from Kaolin and Fuller's Earth Processes,'' Rule 391-3-1-.02(2)(q), 
``Particulate Emissions from Cotton Gins,'' Rule 391-3-1-.02 (2)(gg), 
``Kraft Pulp Mills, '' and Rule 391-3-1-.02(6) ''Specific Monitoring,'' 
effective August 1, 2013. Therefore, these materials have been approved 
by EPA for inclusion in the SIP, 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.\2\ 
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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    \2\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the SIP because they 
are consistent with the CFR and 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

[[Page 35108]]

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 
September 26, 2017 without further notice unless the Agency receives 
adverse comments by August 28, 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 September 26, 2017 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, these 
actions merely approve state law as meeting federal requirements and do 
not impose additional requirements beyond those imposed by state law. 
For that reason, these actions:
     Are not significant regulatory actions 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do 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);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not economically significant regulatory actions based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not significant regulatory actions subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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 26, 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 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 12, 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. Section 52.570(c) is amended by:
0
(A) Removing the entries for ``391-3-1-.02(2)(l),'' and ``391-3-
1-.02(2)(o).''
0
(B) Revising the entries for ``391-3-1-.02(2)(a),'' ``391-3-
1-.02(2)(e),'' ``391-3-1-.02(2)(p),'' ``391-3-1-.02(2)(q),'' ``391-3-
1-.02(2)(gg),'' ``391-3-1-.02(2)(ss),'' and ``391-3-1-.02(6)'' to read 
as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

[[Page 35109]]



                                        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-.02(2)(a).................  General Provisions.        8/1/2013  7/28/2017, [Insert   Except for
                                                                          citation of          paragraph 391-3-1-
                                                                          publication].        .02(2)(a)1 (as
                                                                                               approved on 3/16/
                                                                                               06).
 
                                                  * * * * * * *
391-3-1-.02(2)(e).................  Particulate                8/1/2013  7/28/2017, [Insert   ..................
                                     Emission from                        citation of
                                     Manufacturing                        publication].
                                     Processes.
 
                                                  * * * * * * *
391-3-1-.02(2)(p).................  Particulate                8/1/2013  7/28/2017, [Insert   ..................
                                     Emissions from                       citation of
                                     Kaolin and                           publication].
                                     Fuller's.
                                    Earth Processes....
391-3-1-.02(2)(q).................  Particulate                8/1/2013  7/28/2017, [Insert   ..................
                                     Emissions from                       citation of
                                     Cotton Gins.                         publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(gg)................  Kraft Pulp Mills...        8/1/2013  7/28/2017, [Insert   ..................
                                                                          citation of
                                                                          publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(ss)................  Gasoline Transport        10/6/2010  7/28/2017, [Insert   ..................
                                     Systems and Vapor                    citation of
                                     Collection Systems.                  publication].
 
                                                  * * * * * * *
391-3-1-.02(6)....................  Source Monitoring..        8/1/2013  7/28/2017, [Insert   ..................
                                                                          citation of
                                                                          publication].
 
                                                  * * * * * * *
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[FR Doc. 2017-15737 Filed 7-27-17; 8:45 am]
 BILLING CODE 6560-50-P