[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1037-1039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00792]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2018-0064; FRL-9988-81-Region 4]
Air Plan Approval; Georgia: Permit Exemption for Fire Fighting
Equipment
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
proposing to approve two revisions to the Georgia State Implementation
Plan (SIP), submitted by the State of Georgia, through the Georgia
Environmental Protection Division (Georgia EPD), with two letters dated
November 13, 2017, and July 31, 2018. Specifically, EPA is proposing to
approve changes that revise existing exemptions for firefighting
equipment. EPA is proposing to approve this SIP revision because the
Agency believes that it is consistent with the Clean Air Act (CAA or
Act).
DATES: Comments must be received on or before March 4, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0064 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: Andres Febres, 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) 562-8966. Mr. Febres can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. What action is the Agency proposing?
Through a letter dated November 13, 2017, Georgia EPD submitted a
SIP revision for EPA's approval that included several miscellaneous
rule amendments.\1\ Specifically, the November 13, 2017, SIP revision
included changes to Georgia's Air Quality Control Rule 391-3-1-.01--
``Definitions,'' Rule 391-3-1-.02(4)--``Ambient Air Standards,'' Rule
391-3-1-.02(7)--``Prevention of Significant Deterioration of Air
Quality,'' Rule 391-3-1-.03(6)--``Exemptions,'' Rule 391-3-
[[Page 1038]]
1-.03(8)--``Permit Requirements,'' and Rule 391-3-1-.03(10)--``Title V
Operating Permits.''
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\1\ EPA notes that the Agency received this submittal on
November 29, 2017.
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Through an additional letter dated July 31, 2018, Georgia EPD
submitted several SIP revisions that included some miscellaneous rule
amendments.\2\ Specifically, the July 31, 2018, SIP revisions included
changes to Georgia's Air Quality Control Rule 391-3-1-01--
``Definitions,'' Rule 391-3-1-.02(2)(c)--``Incinerators,'' Rule 391-3-
1-.02(4)--``Ambient Air Standards,'' Rule 391-3-1-.02(12)--``Cross
State Air Pollution Rule NOX Annual Trading Program,'' Rule
391-3-1-.02(13)--``Cross State Air Pollution Rule SO2 Annual
Trading Program,'' Rule 391-3-1-.02(14)--``Cross State Air Pollution
Rule NOX Ozone Season Trading Program,'' Rule 391-3-
1-.03(6)--``Exemptions,'' Rule 391-3-1-.03(11)--``Permit by Rule,''
Rule 391-3-1-.03(10)--``Title V Operating Permits,'' Rule 391-3-1-.11--
``Small Business Assistance Administration,'' and Rule 391-3-1-.12--
``Duties of the Small Business Ombudsman Office.''
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\2\ EPA notes that the Agency received this submittal on August
2, 2018.
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Through this proposed rulemaking, EPA is only proposing to approve
changes to Rule 391-3-1-.03(6), which addresses exemptions for
firefighting equipment from minor new source review (NSR) requirements.
EPA is considering and taking action on the other July 31, 2018, SIP
revisions involving the remaining changes to Georgia's Air Quality
Control Rules through other rulemaking. Additional detail on Georgia's
November 13, 2017, and July 31, 2018, SIP revisions and EPA's reasoning
for proposing to approve the aforementioned changes is presented below.
II. Analysis of the State's Submittal
In this action, EPA is proposing to approve these revisions by
proposing to find that they are consistent with the flexibility
traditionally afforded to states in designing their minor NSR programs
and are not otherwise prohibited by EPA's federal minor NSR program
requirements. Under section 110(a)(2)(C) of the Act--and EPA's
implementing regulations at 40 CFR 51.160-164--each SIP must include a
program to regulate the construction and modification of stationary
sources, including so-called ``minor sources.'' \3\ The purpose of this
program is to ensure that each SIP sets forth legally enforceable
procedures that enable the state to determine whether the construction
or modification of a source would result in a violation of applicable
portions of the control strategy or would interfere with attainment or
maintenance of a National Ambient Air Quality Standard (NAAQS). See 40
CFR 51.160(a). However, the federal requirements for minor source
programs are considerably less prescriptive than those for major
sources, allowing the states flexibility to identify the types and
sizes of sources that will be subject to the program's review
requirements, and the discretion to exempt certain de minimis sources
whose emissions are too insignificant to impact attainment or
maintenance of a NAAQS. See 40 CFR 51.160(e).
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\3\ A minor source is a source whose potential to emit is lower
than the major source applicability threshold for a particular
pollutant as defined in the applicable nonattainment major NSR
program or Prevention of Significant Deterioration program.
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Georgia currently has a SIP-approved program for regulating the
construction or modification of minor sources at Rule 391-3-1-.03. The
rule also includes exemptions from the minor NSR requirements, found at
section (6) of the rule, which includes an exemption for combustion
equipment related to training of fire fighters. Specifically, Georgia's
current SIP provides an exemption from construction permit requirements
for ``Fire fighter or other emergency/safety equipment used to train
fire fighters.'' See Rule 391-3-1-.03(6)(b)(13).\4\ However, the
exemption does not allow the source category to avoid any other
applicable requirement, as that term is defined in 40 CFR 70.2. See
Rule 391-3-1-.03(6).
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\4\ The provision would also exempt these sources from operating
permit requirements. Because minor source operating permits are not
a required element of a SIP under the Act, however, we do not
address that aspect of the proposed change.
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Georgia EPD's November 13, 2017, and July 31, 2018, SIP revisions
request that EPA revise the existing exemption for firefighting
equipment. First, in its November 13, 2017, revision, Georgia EPD
amends the exemption language to explicitly include fire pumps, by
revising the language to state: ``Fire fighting equipment including
fire pumps or other emergency/safety equipment used to train fire
fighters.'' Additionally, in its July 31, 2018, revision, Georgia EPD
further revises the exemption to include equipment used for
firefighting or training by either firefighters or other emergency
personnel. Specifically, the revised exemption states: ``Firefighting
equipment, including fire pumps or other emergency/safety equipment,
used to fight fires or train firefighters or other emergency
personnel.'' Georgia states that these revisions clarify its existing
interpretation of the exemption.
As noted above, the Act--as well as EPA's implementing regulations
at 40 CFR 51.160-164--provides states flexibility in establishing
approvable minor NSR programs, including the discretion to exempt
certain de minimis sources whose emissions are too insignificant to
impact attainment or maintenance of a NAAQS. In this case, EPA believes
the exemption of fire pumps and other emergency/safety equipment used
for fighting fires from the minor source construction permit
requirements would be de minimis (or insignificant) for the reasons
described below and as a result, EPA is proposing to find that the
revisions are approvable and consistent with the federal minor source
regulations at 40 CFR 51.160-164.
In addition, EPA is proposing to find that, under CAA 110(l), the
exclusion of fire pumps and other emergency/safety firefighting
equipment from minor NSR permitting will not interfere with attainment
or maintenance of any NAAQS or with any other applicable requirement of
the Act. Such non-interference is based on EPA's belief that any
emissions increases that may result from the exclusion of fire pumps
and other emergency/safety firefighting equipment from minor NSR
permitting requirements would be de minimis or insignificant. This
belief is based upon the nature and use of such equipment. For example,
fire pumps are only operated in two time-limited circumstances: (1) For
testing and maintenance; and (2) during emergency situations, for the
purpose of putting out a fire. While testing and maintenance may be
periodic and routine, operation of the pumps during those times would
be limited. Similarly, operation of fire pumps during a fire emergency
would also be time-limited and would present an even more infrequent,
unusual operational circumstance. Furthermore, to the extent a fire
pump may be used for emergency firefighting purposes, such use would
likely aid in the overall reduction of air pollutant emissions
associated with fires, such as particulate matter emissions. Finally,
EPA notes that while fire pumps may be excluded from minor source
permitting requirements, they remain subject to any other applicable
federal requirements.\5\
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\5\ EPA notes that fire pumps may be subject to federal New
Source Performance Standards at 40 CFR part 60, subpart IIII, and/or
National Emissions Standards for Hazardous Air Pollutants at 40 CFR
part 63, subpart ZZZZ. These standards restrict the emissions of
subject engines based on size and age, and limit non-emergency
operation to less than 100 hours per year.
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[[Page 1039]]
As for the revised exemption language concerning other emergency/
safety equipment used to fight fires or train fire fighters or other
emergency personnel, EPA believes such use would also be time-limited
and any emissions increases associated with its exclusion from minor
source permitting requirements would also be insignificant. For these
reasons, EPA is proposing to approve these revisions and is proposing
to find that they are consistent with the CAA, including 110(l), and
with federal regulations.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule,
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference a portion of Georgia EPD's Rule 391-3-1-.03--``Permits,''
specifically section (6)--``Exemptions,'' which became state effective
July 23, 2018. 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).
IV. Proposed Action
EPA is proposing to approve Georgia EPD's November 13, 2017, and
July 31, 2018, SIP revisions. Specifically, EPA is proposing to approve
these SIP revisions that modify Georgia's Rule 391-3-1-.03(6). The
proposed changes exempt fire pumps and other equipment used by
firefighters and other emergency personnel to fight fires from the
Act's preconstruction review requirement. EPA believes that any air
quality impacts from these activities are de minimis, and will often
lead to net emissions reductions by mitigating or eliminating the air
quality impacts of uncontrolled fires. EPA is proposing to approve
these SIP revisions because the Agency has determined that they are
consistent with the CAA, and would not interfere with attainment or
maintenance of any NAAQS, reasonable further progress, or any other
applicable requirement.
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. This action merely
proposes to approve state law as meeting Federal requirements and does
not impose additional requirements beyond those imposed by state law.
For that reason, this proposed 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.
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.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-00792 Filed 1-31-19; 8:45 am]
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