[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Rules and Regulations]
[Pages 64427-64430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25286]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0711; FRL-10002-46-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 State 
Implementation Plan (SIP) revisions submitted by the State of Georgia, 
through the Georgia Environmental Protection Division (GA EPD) of the 
Department of Natural Resources, in letters dated September 19, 2006, 
with a clarification submitted on November 6, 2006, and July 31, 2018. 
EPA is approving miscellaneous changes to several Georgia rules. This 
action is being finalized pursuant to the Clean Air Act (CAA or Act) 
and its implementing regulations.

DATES: This rule will be effective December 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0711. 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

[[Page 64428]]

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, 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: Sean Lakeman, 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. The telephone number is 
(404) 562-9043. Mr. Lakeman can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    GA EPD submitted a SIP revision through a letter dated July 31, 
2018, to EPA for review and approval into the Georgia SIP that contains 
changes to a number of Georgia's air quality rules in Rule 391-3-1.\1\ 
The changes that EPA is approving into the SIP through this rulemaking 
revise Rule 391-3-1-.01, ``Definitions,'' \2\ Rule 391-3-1-.02(2)(c), 
``Incinerators,'' Rule 391-3-1-.03(6), ``Exemptions,'' and Rule 391-3-
1-.03(11) ``Permits by Rule.''
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    \1\ EPA received the submittal on August 2, 2018. The cover 
letter includes other rule changes that have been or will be 
addressed in separate EPA actions.
    \2\ Consistent with Georgia's request, EPA is approving only the 
changes to the following definitions: 391-3-1-.01(oo), ``Manager,'' 
391-3-1-.01(kkk), ``Small Business Compliance Advisory Panel,'' 391-
3-1-.01(lll), ``Small business stationary source or facility,'' and 
391-3-1-.01(mmm), ``Small business stationary source technical and 
environmental office.''
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    See EPA's June 29, 2017 (82 FR 29418) \3\ direct final rule (DFR) 
and accompanying June 29, 2017 (82 FR 29469) notice of proposed 
rulemaking (NPRM) for further detail on the changes made in the 
September 19, 2006, submittal and EPA's rationale for approving the 
revision. Comments were due on July 31, 2017. EPA received adverse 
comments related to other portions of the DFR, but withdrew the entire 
DFR on August 22, 2017 (82 FR 39671). EPA received no comments on the 
changes made to Rule 391-3-1-.03(6), ``Exemptions.'' Therefore, EPA is 
finalizing approval of those changes in this action.
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    \3\ EPA published a DFR and accompanying NPRM to approve changes 
to Rule 391-3-1-.03(6) and other changes on June 29, 2017 (82 FR 
29418). EPA received adverse comments on the direct final rule--
though not on the portion of the rule approving changes to Rule 391-
3-1-.03(6)--and published a document withdrawing the DFR on August 
22, 2017 (82 FR 39671). EPA is finalizing approval of the changes 
submitted to 391-3-1-.03(6) based on the June 29, 2017 (82 FR 29469) 
NPRM.
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    See also EPA's July 10, 2019 (84 FR 32851) NPRM \4\ for further 
detail on the changes made in the July 31, 2018, submittal and EPA's 
rationale for approving the revision. Comments were due on August 9, 
2019, and EPA received no significant, adverse comments on the NPRM. 
EPA is approving these SIP revisions because they are consistent with 
the CAA.
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    \4\ EPA posted a memorandum of record in the Docket 
Identification No EPA-R04-OAR-2018-0711, to provide non-substantive 
clarification for two inadvertent errors in the NPRM, related to 
characterizing the changes as non-attainment new source review 
related in the summary only and incorrectly listing the state-
effective date in the incorporation by reference section. The 
changes were correctly characterized in the remainder of the NPRM, 
and the submittal, with the correct effective date and changes 
noted, was available during the comment phase. Please see the 
memorandum for more information.
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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 air 
quality Rules 391-3-1-.01, ``Definitions,'' 391-3-1-.02(2)(c), 
``Incinerators,'' and 391-3-1-.03(11) ``Permits by Rule,'' State 
effective July 23, 2018, and Rule 391-3-1-.03(6), ``Exemptions,'' State 
effective August 9, 2012,\5\ which contain clarifying and 
administrative edits as described in the NPRMs. 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.\6\
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    \5\ In this action, EPA is approving changes to Rule 391-3-
1-.03(6), ``Exemptions'' with a State-effective date of July 13, 
2006. However, for purposes of the State-effective date included at 
40 CFR 52.570(c), this change to Georgia's rule is captured and 
superseded by EPA's April 9, 2013 (78 FR 21065) action, which 
approved changes to Rule 391-3-1-.03(6) with a State-effective date 
of August 9, 2012. EPA is therefore retaining the later State-
effective date for Rule 391-3-1-.03(6) at 40 CFR 52.570(c).
    \6\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the aforementioned changes to Georgia's SIP 
submitted on September 19, 2006, and August 2, 2018, that make 
revisions to Rule 391-3-1-.01, ``Definitions,'' Rule 391-3-1-.02(2)(c), 
``Incinerators,'' Rule 391-3-1-.03(6), ``Exemptions,'' and Rule 391-3-
1-.03(11) ``Permit by Rule.'' EPA views these changes as being 
consistent with the CAA.

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. These actions merely 
approve state law as meeting Federal requirements and does not impose 
additional requirements beyond those imposed by state law. For that 
reason, these actions:
     Are 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);
     Are not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or

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safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 
1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do 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 January 21, 2020. 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, Ozone, Volatile organic 
compounds.

    Dated: November 13, 2019.
Mary S. Walker,
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. Section 52.570(c) is amended by:
0
a. Revising the entry for ``391-3-1-.01'';
0
b. Revising the entry for ``391-3-1-.02(2)(c)'' under the heading 
``Emissions Standards''; and
0
c. Revising the entries for ``391-3-1-.03(6)'' and ``391-3-1-.03(11)'' 
under the heading ``Permits''.
    The revisions read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (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..............       7/23/2018  11/22/2019,         Except the first
                                                                      [Insert citation    paragraph, sections
                                                                      of publication].    (a)-(nn), (pp)-(ccc),
                                                                                          (eee)-(jjj), (nnn)-
                                                                                          (bbbb), (dddd)-(mmmm),
                                                                                          (rrrr)-(ssss),
                                                                                          approved on 12/4/2018
                                                                                          with a State-effective
                                                                                          date of 7/20/2017;
                                                                                          sections (ddd) and
                                                                                          (cccc) - approved on 2/
                                                                                          2/1996 with a State-
                                                                                          effective date of 11/
                                                                                          20/1994; (nnnn),
                                                                                          approved on 1/5/2017
                                                                                          with a State-effective
                                                                                          date of 8/14/2016; and
                                                                                          sections (oooo)-
                                                                                          (qqqq), which are not
                                                                                          in the SIP.
 
                                                  * * * * * * *
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                                               Emissions Standards
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                                                  * * * * * * *
391-3-1-.02(2)(c).......  Incinerators.............       7/23/2018  11/22/2019,         .......................
                                                                      [Insert citation
                                                                      of publication].
 
                                                  * * * * * * *
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                                                     Permits
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                                                  * * * * * * *
391-3-1-.03(6)..........  Exemptions...............        8/9/2012  4/9/2013, 78 FR     .......................
                                                                      21065.
 

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                                                  * * * * * * *
391-3-1-.03(11).........  Permit by Rule...........       7/23/2018  11/22/2019,         Except sections (a)-
                                                                      [Insert citation    (b)(5) and (b)(7)-
                                                                      of publication].    (b)(10), approved on 2/
                                                                                          9/2010 with a State-
                                                                                          effective date of 7/20/
                                                                                          2005; section (b)(6),
                                                                                          approved on 3/13/2000
                                                                                          with a State-effective
                                                                                          date of 12/25/1997;
                                                                                          and the phrase ``or
                                                                                          enforceable as a
                                                                                          practical matter'' in
                                                                                          section
                                                                                          .03(11)(b)11.(i),
                                                                                          which is not in the
                                                                                          SIP.
 
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[FR Doc. 2019-25286 Filed 11-21-19; 8:45 am]
 BILLING CODE 6560-50-P