Approval and Promulgation of Air Quality Implementation Plans: Georgia; Update to Materials Incorporated by Reference

As Enacted ( Federal Register)

Cited authorities 8

Cited in

Federal Register: February 8, 2010 (Volume 75, Number 25)

Rules and Regulations

Page 6112-6120

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr08fe10-12

ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52

GA-200922; FRL-9097-5

Approval and Promulgation of Air Quality Implementation Plans;

Georgia: Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

Page 6113

ACTION: Final rule; administrative change.

SUMMARY: EPA is publishing this action to provide the public with notice of the update to the Georgia State Implementation Plan (SIP) compilation. In particular, materials submitted by Georgia that are incorporated by reference (IBR) into the Georgia SIP are being updated to reflect EPA-approved revisions to Georgia's SIP that have occurred since the last update. In this action EPA is also notifying the public of the correction of certain typographical errors.

DATES: This action is effective February 8, 2010.

ADDRESSES: SIP materials which are incorporated by reference into 40

CFR part 52 are available for inspection at the following locations:

Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,

Atlanta, GA 30303; the Air and Radiation Docket and Information Center,

EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West

Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the

National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/ cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Ms. Stacy Harder at the above Region 4 address or at (404) 562-9042.

SUPPLEMENTARY INFORMATION: Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.

Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the SIP to EPA. Once these control measures and strategies are approved by EPA, after notice and comment, they are incorporated into the federally approved SIP and are identified in part 52 ``Approval and Promulgation of Implementation Plans,'' Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is ``incorporated by reference.'' This means that

EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP.

The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the

NAAQS and to take enforcement action if necessary.

The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state.

Therefore, EPA from time to time must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On

May 22, 1997, (62 FR 27968), EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials submitted by states in their EPA-approved SIP revisions.

These changes revised the format for the identification of the SIP in 40 CFR part 52, stream-lined the mechanisms for announcing EPA approval of revisions to a SIP, and stream-lined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain ``SIP

Compilations'' that contain the federally-approved regulations and source specific permits submitted by each state agency. These SIP

Compilations are contained in 3-ring binders and are updated primarily on an annual basis. Under the revised procedures, EPA is to periodically publish an informational document in the rules section of the Federal Register when updates are made to a SIP Compilation for a particular state. EPA's 1997 revised procedures were formally applied to Georgia on May 21, 1999 (64 FR 27699).

This action represents EPA's publication of the Georgia SIP

Compilation update, appearing in 40 CFR part 52. In addition, notice is provided of the following typographical corrections to Table (c), (d), and (e) of paragraph 52.570, as described below: 1. Correcting typographical errors listed in paragraph 52.570(c), (d), and (e), as described below: a. Revising paragraph 52.570(d) by removing all periods after the Federal Register notice citations in the ``EPA Approval Date'' column. b. Revising the format of the date in the ``State submittal date/effective date'' column for ``Murray County 8-Hour Ozone

Maintenance Plan'' in paragraph 52.570(e) to read as ``6/15/07.'' c. Revising paragraph 52.570(c) by removing the state effective date and EPA approval date for 391-3-1-.02, ``Provisions'' and merging these cells to re-format ``Provisions'' as a header. d. Revising paragraph 52.570(c), by correcting the state citation for ``391-3-1.02(2),'' to read as ``391-3-1-.02(2).'' e. Revising paragraph 52.570(c) by removing the state effective date and EPA approval date for 391-3-1-.02(2), ``Emission

Standards'' and merging these cells to re-format ``Emission

Standards'' as a header. f. Revising paragraph 52.570(c) by correcting entries for 391-3- 1-.02(2)(3) through 391-3-1-.02(2)(7) and 391-3-1-.02(2)(11) to read as ``391-3-1-.02(3),'' ``391-3-1-.02(4),'' ``391-3-1-.02(5),''

``391-3-1-.02(6),'' ``391-3-1-.02(7),'' and ``391-3-1-.02(11).'' g. Revising paragraph 52.570(e) by entering ``Atlanta

Metropolitan Area'' in the ``Applicable geographic or nonattainment area'' column for entries 2 through 11. h. Revising paragraph 52.570(e) by entering ``6/17/96'' in the

``State Submittal date/effective date'' column for entries 2 through 11. i. Revising paragraph 52.570(e) by entering ``4/26/99'' in the

``EPA approval date'' column for entries 2 through 11. j. Revising paragraph 52.570(e) by removing the entry for

``Alternative Fuel Refueling Station/Park and Ride Transportation

Center, Project DO-AR-211 is removed.'' k. Revising paragraph 52.570(e) by revising the ``EPA approval date'' for entry ``24. Alternative Fuel Refueling Station/Park and

Ride Transportation Center, Project DO-AR-211 is removed,'' to read as ``11/28/06, 71 FR 68743.'' 2. Revising the date format listed in paragraphs 52.570(c), (d) and (e); specifically the date format in the ``state effective date,'' and ``EPA approval date,'' columns for consistency. Dates are revised to be numerical month/day/year without additional zeros.

EPA has determined that today's action falls under the ``good cause'' exemption in the section 553(b)(3)(B) of the Administrative

Procedure Act (APA) which, upon finding ``good cause,'' authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). Today's administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs and corrects typographical errors appearing the Federal

Register. Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' Public comment for this administrative action is

``unnecessary'' and ``contrary to the public interest'' since the codification (and typographical corrections) only reflect existing law.

Immediate notice of this action in the Federal Register

Page 6114

benefits the public by providing the public notice of the updated

Georgia SIP Compilation and notice of typographical corrections to the

Georgia ``Identification of Plan'' portion of the Federal Register.

Statutory and Executive Order Reviews

A. General Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this administrative action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget.

This action is not subject to Executive Order 13211, ``Actions

Concerning Regulations That Significantly Affect Energy Supply,

Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the

Agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the APA or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This administrative action also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This administrative action also is not subject to Executive

Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This administrative action does not involve technical standards; thus the requirements of section 12(d) of the

National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This administrative action also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This administrative action does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

EPA's compliance with these Statutes and Executive Orders for the underlying rules are discussed in previous actions taken on the State's rules.

B. Submission to Congress and the Comptroller General

The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's administrative action simply codifies (and corrects) provisions which are already in effect as a matter of law in Federal and approved state programs. 5 U.S.C. 808(2). These announced actions were effective when

EPA approved them through previous rulemaking actions. 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 this action in the

Federal Register. This update to Georgia's SIP Compilation and correction of typographical errors is not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

EPA has also determined that the provisions of section 307(b)(1) of the Clean Air Act pertaining to petitions for judicial review are not applicable to this action. This action is simply an announcement of prior rulemakings that have previously undergone notice and comment rulemaking. Prior EPA rulemaking actions for each individual component of the Georgia SIP compilation previously afforded interested parties the opportunity to file a petition for judicial review in the United

States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action.

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: December 15, 2009.

J. Scott Gordon,

Acting Regional Administrator, Region 4. 0 40 CFR part 52 is amended as follows:

PART 52--[AMENDED] 0 1. The authority for 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 is amended by revising paragraphs (b), (c), (d), and

(e) to read as follows:

Sec. 52.570 Identification of plan.

* * * * *

(b) Incorporation by reference.

(1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 1, 2009, for Georgia was approved for incorporation by reference by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register.

Entries in paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2009, for Georgia will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 4 certifies that the rules/regulations provided by

EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State

Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.

(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street, SW.,

Atlanta, GA 30303, the Air and Radiation Docket and Information Center,

EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West

Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the

Page 6115

6030, or go to: http://www.archives.gov/federal-register/cfr/ibr- locations.html.

EPA Approved Georgia Regulations

State

State citation

Title/subject

effective

EPA approval date

Explanation date

391-3-1-.01...................... Definitions.........

6/8/08 6/11/09, 74 FR 27713 ...................

391-3-1-.02......................

Provisions

391-3-1-.02(1)................... General Requirements

3/20/79 9/18/79, 44 FR 54047 ...................

391-3-1-.02(2)...................

Emission Standards

391-3-1-.02(2)(a)................ General Provisions..

6/8/08 6/11/09, 74 FR 27713 Except for paragraph 391-3-1-

.02(2)(a)1.

391-3-1-.02(2)(b)................ Visible Emissions...

1/17/79 9/18/79, 44 FR 54047 ...................

391-3-1-.02(2)(c)................ Incinerators........

6/15/98 12/2/99, 64 FR 67491 ...................

391-3-1-.02(2)(d)................ Fuel-burning

1/17/79 9/18/79, 44 FR 54047 ...................

Equipment.

391-3-1-.02(2)(e)................ Particulate Emission

1/17/79 9/18/79, 44 FR 54047 ................... from Manufacturing

Processes.

391-3-1-.02(2)(f)................ Normal

1/17/79 9/18/79, 44 FR 54047 ...................

Superphosphate

Manufacturing

Facilities.

391-3-1-.02(2)(g)................ Sulfur Dioxide......

7/17/02 7/9/03, 68 FR 40789

...................

391-3-1-.02(2)(h)................ Portland Cement

1/17/79 9/18/79, 44 FR 54047 ...................

Plants.

391-3-1-.02(2)(i)................ Nitric Acid Plants..

1/17/79 9/18/79, 44 FR 54047 ...................

391-3-1-.02(2)(j)................ Sulfuric Acid Plants

1/17/79 9/18/79, 44 FR 54047 ...................

391-3-1-.02(2)(k)................ Particulate Emission

1/17/79 9/18/79, 44 FR 54047 ................... from Asphaltic

Concrete Hot Mix

Plants.

391-3-1-.02(2)(l)................ Conical Burners.....

1/17/79 9/18/79, 44 FR 54047 ...................

391-3-1-.02(2)(m)................ Repealed............

6/30/75 10/3/75, 40 FR 45818 ...................

391-3-1-.02(2)(n)................ Fugitive Dust.......

1/17/79 9/18/79, 44 FR 54047 ...................

391-3-1-.02(2)(o)................ Cupola Furnaces for

1/27/72 5/31/72, 37 FR 10842 ...................

Metallurgical

Melting.

391-3-1-.02(2)(p)................ Particulate

12/16/75 8/20/76, 41 FR 35184 ...................

Emissions from

Kaolin and Fuller's

Earth Processes.

391-3-1-.02(2)(q)................ Particulate

1/27/72 5/31/72, 37 FR 10842 ...................

Emissions from

Cotton Gins.

391-3-1-.02(2)(r)................ Particulate

1/27/72 5/31/72, 37 FR 10842 ...................

Emissions from

Granular and Mixed

Fertilizer

Manufacturing Units.

391-3-1-.02(2)(t)................ VOC Emissions from

12/20/94 2/2/96, 61 FR 3817

...................

Automobile and

Light Duty Truck

Manufacturing.

391-3-1-.02(2)(u)................ VOC Emissions from