[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3354-3358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02066]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0651; FRL-9989-27-Region 4]
Air Plan Approval; GA; Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve changes to the Georgia State Implementation Plan (SIP)
submitted by the State of Georgia, through the Georgia Environmental
Protection Division (GA EPD) of the Department of Natural Resources, on
April 11, 2003. EPA is proposing to approve portions of a SIP revision
which include changes to Georgia's rules regarding emissions standards
and open burning. This action is being proposed pursuant to the Clean
Air Act (CAA or Act) and its implementing regulations.
DATES: Written comments must be received on or before March 14, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0651 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, or Joel Huey, 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. Wong can be reached by telephone at (404) 562-8726 or
via electronic mail at [email protected]. Mr. Huey can be reached by
telephone at (404) 562-9104 or via electronic mail at
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 11, 2003, GA EPD submitted a SIP revision to EPA for
approval that involves changes to Georgia's SIP regulations. In this
action, EPA is proposing to approve the portions of the Georgia
submission that make changes to Georgia's Rule 391-3-1-.02(2)(nnn)--NOX
Emissions from Large Stationary Gas Turbines and Rule 391-3-1-.02(5)--
Open Burning.\1\ EPA is not
[[Page 3355]]
acting on the following three other portions of GA EPD's April 11,
2003, submittal at this time. On October 21, 2009, GA EPD submitted a
letter withdrawing from the submittal a proposed revision to Georgia
Rule 391-3-1-.02(2)(qqq)--Volatile Organic Compound From Extruded
Polystyrene Products Manufacturing Utilizing a Blowing Agent.\2\ On
January 5, 2017 (82 FR 1206), EPA approved changes to Rule 391-3-
1-.01--Definitions that were included in the April 11, 2003, submittal.
On April 16, 2018 (83 FR 16276), EPA published a proposed rulemaking
for Rule 391-3-1-.03(11)(b)--Permit by Rule Standards that was included
in the April 11, 2003, submittal.
---------------------------------------------------------------------------
\1\ On August 31, 2018, GA EPD submitted a letter (included in
the docket for this action) withdrawing from the submittal a
proposed revision to Georgia Rule 391-3-1-.02(5)(d) that would
provide exceptions to the 40 percent opacity limit on open burning.
\2\ The October 21, 2009, letter is included in the docket for
this action.
---------------------------------------------------------------------------
II. Analysis of State's Submittal
A. Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas
Turbines
EPA is proposing to approve a change to Rule 391-3-1-.02(2)(nnn)--
NOX Emissions from Large Stationary Gas Turbines (henceforth, Rule
(nnn)), which applies to stationary gas turbines with a maximum
potential output of greater than 25 megawatts. This rule was originally
approved into the Georgia SIP on July 10, 2001 (66 FR 35906), as one of
several rules adopted as part of GA EPD's 1-hour ozone attainment
demonstration for the Atlanta nonattainment area (Atlanta Area).
Paragraph 1 of Rule (nnn) establishes nitrogen oxides
(NOX) emission limits for the subject gas turbines in a 45-
county area that includes and extends beyond the thirteen counties of
the previous Atlanta, Georgia, 1979 1-hour ozone maintenance area.\3\
Paragraph 2 of the rule provides that these limits apply during the
``ozone season'' period of May 1 through September 30 of each year.
---------------------------------------------------------------------------
\3\ Thirteen counties of the Atlanta Area were designated
nonattainment for the 1979 1-hour ozone NAAQS on November 6, 1991
(56 FR 56694) and redesignated to attainment effective June 14, 2005
(70 FR 34660).
---------------------------------------------------------------------------
For existing units, paragraph 5 of Rule (nnn) allowed a source
owner or operator to petition the Director, by May 1, 2003, for a
change to the rule in case a source is unable to meet the
NOX emission limits of paragraph 1 through combustion
modifications. Georgia Power, in a 2002 letter to GA EPD,\4\ specified
certain combustion turbine units at four sources that would not be able
to meet the emission limits in paragraph 1 because either emission
reduction technologies failed to achieve compliance with the
NOX limit of the rule or because compliance proved to be
prohibitively expensive. Those units are Unit 6 at Plant Bowen, Units
3A and 3B at Plant McDonough, Units 5A and 5B at Plant Atkinson, and
Unit 5A at Plant Wansley. As a result, GA EPD's April 11, 2003, SIP
revision adds to Rule (nnn) a new paragraph 7, which provides an
exemption from the rule for the units that Georgia Power determined
were unable to comply with the NOX limits of paragraph 1 and
were therefore taken out of normal service during ozone season. On
April 10, 2018, GA EPD informed EPA that only two sources remain
affected by this exemption.\5\
---------------------------------------------------------------------------
\4\ See Charles H. Huling, Georgia Power, to Harold F. Reheis,
GA EPD, August 23, 2002, included in GA EPD's April 11, 2003, SIP
submittal.
\5\ The two sources are Plant McDonough (combustion turbines 3A
(CT5M and CT6M) and 3B (CT7M and CT8M) and Plant Wansley (combustion
turbine 5A), as stated in an email from GA EPD to EPA on April 10,
2018. The email is included in the docket for this action.
---------------------------------------------------------------------------
Paragraph 7 of Rule (nnn) provides that units are exempt from the
provisions of the rule if they only operate up to three hours per month
for maintenance purposes or under emergency conditions. Thus, such
units are to be maintained in an operational condition for the purpose
of being available to operate during emergency situations and for
normal operation outside of ozone season. If an owner or operator were
to choose to operate in excess of the paragraph 7 limitations, the unit
would be required to comply with the NOX emission limits of
paragraph 1 and could no longer avail itself of the exemption provided
by paragraph 7.
EPA is proposing to find that the revisions to paragraph 7 to Rule
(nnn) are consistent with the CAA, including Section 110(l) of the Act,
because the changes will result in reduced overall emissions from the
exempted units. This is because the rule restricts the operation of the
subject units during ozone season to only limited circumstances--for
short periods of time for the purposes of maintenance and for emergency
situations--rather than being able to operate continuously for the
generation of electricity for sale. Under the existing approved rule,
these units are allowed to operate, in compliance with the
NOX emission limits of paragraph 1, for up to 3,672 hours
during the ozone season (153 ozone season days multiplied by 24 hours
per day). Under the paragraph 7 exemption from the NOX
emissions limits, these units are allowed to operate only up to 15
hours during ozone season (3 hours per month multiplied by 5 ozone
season months) for maintenance purposes, and only temporarily for
emergency purposes.
On December 14, 2006, GA EPD submitted supplemental information
with an evaluation of emission rates under the new subparagraph 7. That
correspondence, which is included in the docket for this rulemaking,
shows Georgia's analysis of the maximum allowable NOX
emission rate based on the existing paragraph 1 in comparison to the
maximum allowable emissions for maintenance purposes under paragraph 7.
As shown in the table on page 3 of GA EPD's analysis, the allowable
NOX emissions based on operation for maintenance purposes
under paragraph 7 are significantly less than the allowable
NOX emissions under the existing paragraph 1--less than two
percent of previously allowable emissions. Indeed, since 2008, data
from EPA's Air Markets Program Data (https://ampd.epa.gov/ampd/) shows
the highest annual NOX emissions reported for these units is
less than 0.5 ton.
Paragraph 7 limits the use of these units to two types of emergency
situations. First, the units may be used ``For the purpose of
restarting the steam-electric generating units when all steam-electric
generating units at a facility are down and off-site power is not
available (also known as a `Black Start').'' A ``Black Start'' occurs
in the rare circumstance that there is a system-wide power failure and
these combustion turbine units are temporarily started up to provide
the necessary power within the facility to re-start other units for the
purposes of electricity production for the grid. In an April 10, 2018
email, GA EPD informed EPA that, since the time that Georgia adopted
paragraph 7, these combustion turbine units have not been started up
for the emergency purpose of a Black Start.\6\
---------------------------------------------------------------------------
\6\ The GA EPD email of April 10, 2018, is available in the
docket for this action.
---------------------------------------------------------------------------
Second, paragraph 7 allows these units to be used ``When power
problems on the grid would necessitate implementing manual load
shedding procedures for retail customers.'' ``Manual load shedding,''
as described by GA EPD, is a procedure used when Georgia Power directs
power consumers to minimize or stop electric consumption, which can
occur in conjunction with brownouts.\7\ Such a procedure could be used
in an attempt to rebalance power in the grid and avoid
[[Page 3356]]
a system-wide power failure. Under paragraph 7, these combustion
turbine units could be used in this emergency situation to ensure
continued power production at a level sufficient to meet grid demand,
thus obviating the need to reduce or stop power to consumers through
manual load shedding procedures. Since the time that Georgia adopted
paragraph 7, manual load shedding procedures have occurred
infrequently,\8\ and such events do not necessarily require the start-
up of an emergency combustion turbine in all cases.
---------------------------------------------------------------------------
\7\ Brownout is a voltage reduction by power companies during a
period of high electricity demand to prevent system overload and
thus avoid a potential blackout.
\8\ See GA EPD email of April 10, 2018.
---------------------------------------------------------------------------
Section 110(l) provides that ``the Administrator shall not approve
a revision of a plan if the revision would interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of this Act.'' This proposed SIP revision is consistent
with these requirements because potential NOX emissions for
maintenance under the new paragraph 7 are significantly less than
potential emissions of a unit generating electricity for sale
continuously during the 153-day ozone season. In addition, based upon
the limited types of emergency use allowed under the rule and the
actual operational history and emissions of these units,\9\ EPA
believes that start-up of these units for emergency purposes is
unlikely during any particular ozone season and that any such use that
might occur would be brief. Accordingly, EPA is proposing to approve
the amendment to Rule (nnn) from GA EPD's April 11, 2003, submittal.
---------------------------------------------------------------------------
\9\ A summary of the NOX emissions from the affected
sources for the past 10 years is included in the docket for this
action.
---------------------------------------------------------------------------
B. Rule 391-3-1-.02(5)--Open Burning
GA EPD's April 11, 2003, submittal makes several changes to the
State's Open Burning rule at Rule 391-3-1-.02(5). This rule bans open
burning in the State of Georgia with the exception of several specific
types of open burning listed at subsection (5)(a).\10\ In its
submittal, GA EPD explains that the purpose of the changes is to make
the rule consistent with current interpretation, implementation, and
enforcement.
---------------------------------------------------------------------------
\10\ The submittal revises the definition of ``slash burning''
at paragraph (5)(e)2 (formerly (5)(f)2). However, EPA is not acting
on this change because the State deleted the term from the Rule in a
later submittal of November 6, 2006, which EPA has already approved.
See 75 FR 6309 (February 9, 2010).
---------------------------------------------------------------------------
GA EPD's submittal revises paragraph (5)(a)6, which provides an
exclusion from the open burning ban for ``Fires set for purposes of
training fire-fighting personnel when authorized by the appropriate
governmental entity and the guidelines set forth by the Director are
strictly observed.'' The submittal revises this exclusion from the open
burning ban by deleting the ending phrase, ``and the guidelines set
forth by the Director are strictly observed.'' However, the State's
``guidelines set forth by the Director'' apply to acquired structure
burns, which as discussed below, are now part of the authorization
process for the new standalone exclusion from the open burning ban at
paragraph (5)(a)7. Therefore, the State has removed this phrase from
paragraph (5)(a)6.
The submittal adds a standalone exemption from the open burning ban
at paragraph (5)(a)7 for ``[a]cquired structure burn,'' which is
defined as ``the burning of a house, building or structure for the
exclusive purpose of providing training to the fire-fighting personnel
or arson investigators.'' \11\ See Georgia Rule 391-3-1-.02(5)(e)(3).
Under the rule, an acquired structure burn may only be conducted after
an Authorization to Burn certificate has been issued by the Division.
EPA notes that acquired structure burn activities were previously
exempted from the open burning ban throughout the State, with some
limitations, under Rule 391-3-1-.02(5)(a)(6) (previously (a)(7)).
However, GA EPD has pulled ``acquired structure burns'' out as a
standalone exemption to further restrict them during ozone season in
the 45 counties encompassing and surrounding the (former) Atlanta ozone
1-hour nonattainment area.\12\ EPA is proposing to approve the addition
of ``acquired structure burns'' as a standalone exemption from the open
burning ban because it was already exempted under the existing SIP-
approved rule as part of training to the fire-fighting personnel under
paragraph (5)(a)6. As a standalone exemption, it is now specifically
banned during ozone season in the 45 counties of the Atlanta Area under
Rule 391-3-1-.02(5)(b). Also, conducting an acquired structure burn
requires an Authorization to Burn certificate, which includes the
``guidelines set forth by the Director'' that were also previously
included in paragraph (5)(a)6.\13\ In addition, EPA notes that because
acquired structure burns are no longer allowed in the 45-county area
surrounding the Atlanta Area during ozone season, this change will
prevent them from having an adverse impact on the seven counties of the
only current nonattainment area in the State.\14\ Taken together, the
exclusions at paragraphs (5)(a)6 and (5)(a)7 retain the exemption for
fires set for purposes of training fire-fighting personnel, provided
that proper authorization has been obtained, but now prohibit acquired
structure burns during the ozone season in 45 counties of the Atlanta
Area.
---------------------------------------------------------------------------
\11\ EPA has already approved changes to the definition for
``[a]cquired structure burn'' at paragraph (5)(e)3. See 70 FR 50199
(August 26, 2005).
\12\ See Rule 391-3-1-.02(5)(b), which limits the categories of
open burning allowed in the 45-county area.
\13\ The ``guidelines set forth by the Director'' are provided
in the memorandum ``Guidance for Acquired Structure for Live Fire
Training'' from GA EPD to Georgia Fire Department Chiefs and
Personnel, July 13, 2016, downloaded from https://epd.georgia.gov/air/acquired-structure-burn-information on September 14, 2018, and
included in the docket for this rulemaking.
\14\ On June 4, 2018, EPA designated the counties of Bartow,
Cobb, Clayton, DeKalb, Fulton, Gwinnett and Henry as nonattainment
for the 2015 8-hour ozone national ambient air quality standards
(NAAQS). See 83 FR 25776.
---------------------------------------------------------------------------
The submittal also removes the following two types of open burning
from the list of activities at subsection (5)(a) that are excluded from
the open burning ban: (1) ``Destruction of combustible demolition or
construction materials either on site or transported to a burning
facility upon approval by the Director, unless prohibited by local
ordinance and/or regulation'' (subparagraph (5)(a)3); and (2) ``Setting
and maintenance by contractors and tradesmen of miscellaneous small
fires necessary to such activities as street-paving work installation
or repair of utilities, provided that such fires are kept small in
size, no smoke emissions exceed 40 percent opacity, and that local
ordinances and regulations do not prohibit such actions'' (subparagraph
(5)(a)11). Since these two types of open burning would no longer be
excluded from the State's open burning ban, they would be prohibited in
the State, and this strengthens protection of air quality.
GA EPD's submittal revises another existing exclusion at paragraph
(5)(a)8, where the exclusion for ``Disposal of tree limbs from storm
damage'' is changed to ``Disposal of vegetative debris from storm
damage.'' EPA believes the change from ``tree limbs'' to ``vegetative
debris'' is minimal and will have no impact on air quality.
Paragraph (5)(a)11 (previously (5)(a)12) provides an exception to
the open burning ban in ``other than predominantly residential areas
for the purpose of land clearing or construction or right-of-way
maintenance provided the following [five] conditions are met.'' The
second condition that must be met for this type of open burning to be
allowed is that ``[t]he location of the
[[Page 3357]]
burning is at least 1,000 feet from any dwelling located in a
predominately residential area.'' Two changes are made here. The
revised language (1) removes the limitation of this exception to
``other than predominantly residential areas,'' and (2) changes the
second condition that must be met such that rather than requiring this
type of burning occur at least 1,000 feet from any ``dwelling located
in a predominantly residential area,'' the rule requires it to occur at
least 1,000 feet from any ``occupied structure, or lesser distance if
approved by the Division.'' Thus, the revised rule establishes a
minimum distance required from all occupied structures (e.g., schools,
work places and shops), not just residential area dwellings, and
provides that the GA EPD Director may approve lesser distances as
evaluated and deemed appropriate. The revised language is more
protective of air quality because it requires that burning for the
purpose of land clearing, construction or right-of-way maintenance must
be conducted at least 1,000 feet away from all occupied structures, not
just residential dwellings. Any distance less than 1,000 feet must be
specifically reviewed and, if deemed appropriate, approved by the
Director. EPA believes the amount of distance required is unrelated to
attainment or maintenance of the NAAQS, and thus is appropriately left
to the State's discretion.
Paragraph (5)(a)13 (previously (5)(a)14) provides seven conditions
that must all be met before anyone may conduct ``[o]pen burning of
vegetative material for the purpose of land clearing using an air
curtain destructor.'' The revision removes the ``Georgia Forestry
Office'' as one of the entities that may be required to authorize such
burning under the first condition at subparagraph (5)(a)13(i). As
revised, authorization for such burning must be obtained, if required,
from the fire department having local jurisdiction but is not required
from the Georgia Forestry Office. EPA believes this revision is within
the State's discretion. The revision also adds a new condition,
subparagraph (5)(a)13(viii), stating that ``[t]he air curtain
destructor cannot be fired before 10:00 a.m. and the fire must be
completely extinguished, using water or by covering with dirt, at least
one hour before sunset.'' Thus, the burning of vegetative material for
the purpose of land clearing using an air curtain destructor must be
limited to daytime hours. This approach is more protective of air
quality because it allows less time each day for the burning of
vegetative material and enables better oversight by enforcement
personnel.
Subsection 391-3-1-.02(5)(b) provides specific county restrictions
to implement more stringent limitations on open burning in the counties
that were previously part of the Atlanta nonattainment area for the
1997 8-hour ozone NAAQS. GA EPD's April 11, 2003, revision moves the
counties of Bartow, Carroll, Hall, Newton, Spalding, and Walton from
paragraph (b)2 to paragraph (b)1 (and thus deletes paragraph (b)2) and
makes administrative edits to reflect the adopted changes in the
allowed types of open burning listed in subsection (5)(a). This is an
administrative change that will not impact air quality. The SIP
revision also deletes from paragraph (b)4 (renumbered as (b)3) a
statement which provides the Division with authority to allow
additional types of open burning if it can be demonstrated that
adequate disposal facilities are not reasonably available. EPA proposes
to approve this revision because it strengthens the SIP by disallowing
additional types of open burning currently allowed in some
circumstances under the specific county open burning restrictions of
subsection (5)(b).
The submittal also includes a revision that would delete the
following provision from subsection (5)(c): ``A written notification to
a person of a violation at one site shall be considered adequate notice
of the rules and regulations and subsequently observed violations by
the same person at the same or different site will result in
immediately appropriate legal action by the Director.'' EPA is not
proposing to act on this deletion because the provision was never
approved into the SIP.
The SIP revision also removes subsection (5)(e) of the State's Open
Burning Rule, which prohibits open burning during an ``air pollution
episode,'' defined at Rule 391-3-1-.04 as a condition that could ``lead
to a substantial threat to the health of persons in the specific area
affected.'' Georgia has separate state-adopted regulations establishing
three levels of an air pollution episode: ``Alert,'' ``Warning,'' and
``Emergency.'' The lowest level, ``Alert,'' occurs at 0.17 parts per
million (ppm) over an 8-hour average for ozone; 150 micrograms per
cubic meter ([mu]g/m\3\) over a 24-hour average for PM2.5;
and 350 [mu]g/m\3\ over a 24-hour average for PM10.\15\
---------------------------------------------------------------------------
\15\ Georgia's adopted air pollutant concentration thresholds
for the ``Alert,'' ``Warning,'' and ``Emergency'' levels are not in
the State's federally-approved SIP, but are available on the State's
website at https://epd.georgia.gov/existing-rules-and-corresponding-laws.
---------------------------------------------------------------------------
In this action, EPA is proposing to approve removal of the
prohibition on open burning during an air pollution episode at Rule
391-3-1-.02(5)(e), which currently states: ``During an air pollution
episode declared by the proper authorities, no open burning of any kind
shall be permitted unless open burning is required in the performance
of an official duty of any public office, or a fire is necessary to
thwart or prevent a hazard which cannot be properly managed by any
other means, or is necessary for the protection of public health.'' In
comparison with the NAAQS, the ``Alert'' levels under the State's Air
Pollution Episode rule are 2.3 times the ozone and PM NAAQS levels or
greater. In other words, an exceedance of the NAAQS would occur well
before the concentration of air contaminants gets high enough for an
air pollution episode declaration, meaning a ban on open burning during
an episode, by definition, cannot impact attainment or maintenance of
the NAAQS. Further, there have been only a few instances of pollutant
levels above the Alert threshold in Georgia,\16\ and no recorded
declaration of an air pollution episode. And as discussed below, EPA
notes the State has ample authority to implement an open burning ban to
the extent needed to protect public health. For these reasons, EPA
believes that removal of Rule 391-3-1-.02(5)(e) from the SIP is
consistent with the CAA, including section 110(l) of the Act, and its
implementing regulations.
---------------------------------------------------------------------------
\16\ EPA conducted a review of historical data and identified
two exceedances of the PM2.5 and PM10
threshold. The ``Georgia Emergency Response Memo'' and associated
attachments are in the docket for this action.
---------------------------------------------------------------------------
EPA also notes that removal of this provision will not impact the
State's separate ``emergency powers'' authority under section
110(a)(2)(G) of the Act. That provision requires the SIP to include
``emergency powers'' to restrain pollution sources presenting an
imminent and substantial endangerment to public health or welfare, or
the environment. EPA has previously approved Georgia Air Quality Act
Sec. 12-9-14 as satisfying the State's section 110(a)(2)(G)
obligations. Thus, removal of Rule 391-3-1-.02(d) will not impact this
separate applicable requirement.
III. Incorporation by Reference
In this rule, 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
[[Page 3358]]
proposing to incorporate by reference the GA EPD Rule 391-3-
1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas Turbines which
revises emissions limits for some large stationary gas turbines and
Rule 391-3-1-.02(5)--Open Burning, which revises the State's open
burning rules, state effective March 26, 2003. 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 portions of Georgia's April 11, 2003,
submittal. Specifically, EPA is proposing to approve the changes to GA
EPD Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas
Turbines and Rule 391-3-1-.02(5)--Open Burning. EPA believes that these
proposed changes to the regulatory portion of the SIP are consistent
with section 110 of the CAA and meet the regulatory requirements
pertaining to SIPs. EPA also believes that these proposed changes are
specifically consistent with CAA section 110(l), which states that the
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in CAA section 171), or any
other applicable requirement of the Act.
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 (Public Law 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, Incorporation by
preference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-02066 Filed 2-11-19; 8:45 am]
BILLING CODE 6560-50-P