[Federal Register Volume 84, Number 98 (Tuesday, May 21, 2019)]
[Rules and Regulations]
[Pages 22984-22985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10563]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0064; FRL-9993-89-Region 4]


Air Plan Approval; Georgia: Permit Exemption for Fire Fighting 
Equipment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 approving 
changes that revise existing exemptions for firefighting equipment. EPA 
is approving these SIP revisions because the Agency believes that they 
are consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective June 20, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R04-OAR-2018-0064. 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 and Radiation Division (formerly the 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: Andres Febres, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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. Background

    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 391-3-1-.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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    In a notice of proposed rulemaking (NPRM) published on February 1, 
2019, (84 FR 1037), EPA proposed to approve revisions to the Georgia's 
Rule 391-3-1-.03(6), which addresses exemptions for firefighting 
equipment from minor new source review (NSR) requirements. EPA provided 
further analysis of these revisions, as well as the Agency's rationale 
for approving the changes, in its NPRM. Comments on the NPRM were due 
on or before March 4, 2019. EPA received no adverse comments on the 
proposed action. EPA is now taking final action to approve the above-
referenced revision.

II. Incorporation by Reference

    In this document, 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 EPD's 
Rule 391-3-1-.03(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). 
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 in the next update to the SIP 
compilation.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving Georgia EPD's November 13, 2017, and July 31, 
2018, SIP revisions. Specifically, EPA is approving these SIP revisions 
that modify Georgia's Rule 391-3-1-.03(6). The changes at Georgia Rule 
391-3-1-.03(6)(b)(13) exempt fire pumps and other equipment used by 
firefighters and other emergency personnel to fight fires from the 
Act's preconstruction review requirement. As discussed in further 
detail in EPA's February 1, 2019, (84 FR 1037) NPRM, the Agency 
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 
approving these SIP revisions because the Agency has determined that 
they are consistent with the CAA and will not interfere with attainment 
or maintenance of any NAAQS, reasonable further progress, or any other 
applicable requirement.

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

[[Page 22985]]

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 July 22, 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: May 6, 2019.
Mary S. Walker,
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. In Sec.  52.570, the table in paragraph (c) is amended by revising 
the entry ``391-3-1-.03(6)'' 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    EPA approval  date        Explanation
                                                             date
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                                                  * * * * * * *
                                                     Permits
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                                                  * * * * * * *
391-3-1-.03(6)...................  Exemptions..........    7/23/2018  5/21/2019, [insert
                                                                       Federal Register
                                                                       citation].
 
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[FR Doc. 2019-10563 Filed 5-20-19; 8:45 am]
 BILLING CODE 6560-50-P