[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62466-62468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26245]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0116; FRL-9987-12-Region 4]
Air Plan Approval; Georgia; Revisions To VOC Definitions and
Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On November 13, 2017, the State of Georgia through the Georgia
Environmental Protection Division (EPD), submitted a revision to the
Georgia State Implementation Plan (SIP). The Environmental Protection
Agency (EPA) is approving changes to several portions of the revision
that modifies the State's air quality regulations as incorporated into
the SIP. Specifically, the revision pertains to definition changes,
including the modification of the definition of ``volatile organic
compounds'' (VOC) and changes to the State's air quality standards for
sulfur dioxide, particulate matter, carbon monoxide, ozone, lead and
nitrogen dioxide to be consistent with the National Ambient Air Quality
Standard (NAAQS). EPA is approving these provisions of the SIP revision
because the State has demonstrated that the changes are consistent with
the Clean Air Act (CAA or Act).
DATES: This rule will be effective January 3, 2019.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2018-0116. All documents in the docket
are listed on the www.regulations.gov website. 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 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: Tiereny Bell, Air Regulatory
Management Section, Air Planning and Implementation Branch, Pesticides
and Toxics Management Division, Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The
telephone number is (404) 562-9088. Ms. Bell can also be reached via
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 17, 2018 (83 FR 33168), EPA proposed to approve into the
Georgia SIP changes to Georgia's air quality rule 391-3-1-.01,
``Definitions'' and rule 391-3-1-.02(4), ``Ambient Air Standards''
submitted by the State of Georgia through the Georgia EPD on November
13, 2017. EPA's July 17, 2018, rulemaking did not propose action on
Georgia's air quality rules 391-3-1-.03(6), ``Exemption'' under permits
and rule 391-3-1-.0(7)(a)(1), ``General Requirements'' under Prevention
of Significant Deterioration (PSD). EPA will address these changes in a
separate notice. Additionally, EPA's July 17, 2018, rulemaking did not
propose action on Georgia's air quality rule 391-3-1-.02(7)(a)2(ix),
``Regulated NSR pollutant'' under PSD, and rule 391-3-1-.03(8)(c)(16),
``Additional Provisions for PM2.5 Non-attainment Areas''
under permits.\1\
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\1\ The State withdrew Rule 391-3-1-.02(7)(a)2(ix), ``Regulated
NSR pollutant'' and Rule 391-3-1-.03(8)(c)(16), ``Additional
Provisions for PM2.5 Non-Attainment Areas'' on December
1, 2016, and July 26, 2017, respectively. The State also
acknowledges this in the response to comment of the pre-hearing in
the November 13, 2017, submittal. The information is in the Docket.
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The November 13, 2017, SIP revision changes Rule 391-3-1-.01,
``Definitions'' by adding t-Butyl acetate (also known as tertiary butyl
acetate or TBAC) and 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy)
ethane to the list of
[[Page 62467]]
organic compounds having negligible photochemical reactivity. The
definition of VOC is also being updated by removing the recordkeeping
requirements for t-Butyl acetate. Additionally, the definition of VOC
is being revised to include chemical names to clarify previous
exemptions. Lastly, the submission revises Rule 391-3-1-.02(4),
``Ambient Air Standards'' by updating Georgia's air quality standard to
be consistent with the NAAQS. The details of the Georgia submission and
the rationale for EPA's action are explained in the proposed
rulemaking. Comments on the proposed rulemaking were due on or before
August 20, 2018. EPA did not receive any adverse comments on the
proposed action. EPA is now taking final action to approve the above-
referenced revisions.
II. 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 entitled ``Definitions,'' effective July 20, 2017, which
revises the VOC definition and removes the recordkeeping requirements
for t-Butyl acetate. Rule 391-3-1-.02(4) entitled ``Ambient Air
Standards,'' effective July 20, 2017, updates Georgia's air quality
standard to be consistent with the NAAQS. EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 Office (please contact the
person identified in the For Further Information Contact section of
this preamble for more information). 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 in the next update to the SIP compilation.\2\
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve Georgia's November 13, 2017,
SIP revision which amends the VOC definition in rule 391-3-1-.01, and
updates Georgia's air quality standards to be consistent with the NAAQS
in rule 391-3-1-.02(4). EPA has evaluated the relevant portions of
Georgia's November 13, 2017, SIP revision and has determined that it
meets the applicable requirements of the CAA and EPA regulations.
IV. 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. 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);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
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 February 4, 2019. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: November 15, 2018.
Onis ``Trey'' Glenn, III,
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.
[[Page 62468]]
Subpart L--Georgia
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2. In Sec. 52.570, the table in paragraph (c) is amended by revising
the entries ``391-3-1-.01'' and ``391-3-1-.02(4)'' to read as follows:
Sec. 52.570 Identification of plan.
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(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........ 7/20/2017 12/4/2018, [insert .....................
Federal Register
citation].
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Emission Standards
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* * * * * * *
391-3-1-.02(4).................. Ambient Air 7/20/2017 12/4/2018 [insert .....................
Standards. Federal Register
citation].
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[FR Doc. 2018-26245 Filed 12-3-18; 8:45 am]
BILLING CODE 6560-50-P