[Federal Register Volume 84, Number 102 (Tuesday, May 28, 2019)]
[Rules and Regulations]
[Pages 24393-24395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10969]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0651; FRL-9994-14-Region 4]


Air Plan Approval; GA; Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the Georgia State Implementation Plan (SIP) to revise Georgia's 
rules regarding emissions standards and open burning. EPA is approving 
portions of the SIP revision submitted by the State of Georgia, through 
the Georgia Department of Natural Resources Environmental Protection 
Division (GA EPD) on April 11, 2003. This action is being taken 
pursuant to the Clean Air Act (CAA or Act).

DATES: This rule will be effective June 27, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2006-0651. 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 known as 
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: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation 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 and Radiation 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 approving 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 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.
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    \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.
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    In a notice of proposed rulemaking (NPRM) published on February 12, 
2019 (84 FR 3354), EPA proposed to approve Georgia's Miscellaneous 
Revisions. The details of Georgia's submission and the rationale for 
EPA's action are explained in the NPRM. Comments on the proposed 
rulemaking were due on or before March 14, 2019. EPA received no 
comments on the proposed action.

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's 
Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas 
Turbines, effective April 20, 2003, which adds exemptions for emission 
standards for certain electric generating units, and Georgia Rule 391-
3-1.02(5)--Open Burning, also effective April 20, 2003,\3\ which adds, 
clarifies and removes several types of activities to the open burning 
exception list, revises specific county restrictions and removes the 
prohibition on open burning during an air pollution episode. 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

[[Page 24394]]

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.\4\
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    \3\ The effective date of the change to Rule 391-3-1-.02(5) made 
in Georgia's April 11, 2003, SIP revision is April 20, 2003. 
However, for purposes of the state-effective date at 40 CFR 
52.570(c), that change to Georgia's rule is captured and superseded 
by Georgia's update in a November 6, 2006 (state-effective July 13, 
2006), SIP revision, which EPA previously approved on February 9, 
2010 (75 FR 6309).
    \4\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP 
found in Georgia Rules 391-3-1-.02(2)(nnn) and 391-3-1.02(5) submitted 
on April 11, 2003. For the reasons explained in EPA's February 12, 2019 
NPRM (84 FR 3354), EPA has concluded that these changes are consistent 
with the CAA and its implementing regulations, and will not interfere 
with any applicable requirement concerning attainment and reasonable 
further progress (as defined in section 7501 of the Act). See 42 U.S.C. 
7410(l).

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 July 29, 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, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: May 14, 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 entries ``391-3-1-.02(2)(nnn)'' and ``391-3-1-.02(5)'' 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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                                               Emission Standards
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[[Page 24395]]

 
                                                  * * * * * * *
391-3-1-.02(2)(nnn)..............  NOX Emissions from        4/20/2003  5/28/2019, [insert
                                    Large Stationary                     Federal Register
                                    Gas Turbines.                        citation].
 
                                                  * * * * * * *
391-3-1-.02(5)...................  Open Burning.......       7/13/2006  5/28/2019, [insert   Except subparagraph
                                                                         Federal Register     391-3-1-.02(5)(c),
                                                                         citation].           which was approved
                                                                                              on July 10, 2001,
                                                                                              with a state-
                                                                                              effective date of
                                                                                              August 16, 2000.
 
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[FR Doc. 2019-10969 Filed 5-24-19; 8:45 am]
 BILLING CODE 6560-50-P