[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Rules and Regulations]
[Pages 6309-6314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2706]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0113-200709(a); FRL-9098-5]
Approval and Promulgation of Implementation Plans Georgia: State
Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA)
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve revisions to the
Georgia State Implementation Plan (SIP), submitted by the Georgia
Environmental Protection Division (GA EPD) on September 26, 2006, with
a clarifying revision submitted on November 6, 2006. The revisions
include multiple modifications to Georgia's Air Quality Rules found at
Chapter 391-3-1. These revisions are part of Georgia's strategy to meet
the national ambient air quality standards (NAAQS). The revisions
include, but are not limited to, changes to Chapters such as
``Definitions;'' ``Emissions Limitations and Standards;'' ``Open
Burning;'' ``Exemptions;'' ``Permits;'' and ``Regulatory Exceptions.''
EPA is approving Georgia's SIP revisions pursuant to section 110 of the
Clean Air Act (CAA).
EPA is not acting on revisions to rules 391-3-1-.01(qqqq), 391-3-
1-.02(2)(zz), 391-3-1-.02(2)(mmm), 391-3-1-.02(6)(a), 391-3-
1-.03(6)(g), and 391-3-1-.03(6)(i) at this time. EPA is also not acting
on revisions to rule 391-3-1-02(2)(ooo), as Georgia has submitted a
revised version of the rule. Additionally, we are not acting on several
revisions to the September 26, 2006, SIP submittal, that are not part
of the federally approved SIP.
DATES: This direct final rule is effective April 12, 2010 without
further notice, unless EPA receives adverse comment by March 11, 2010.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2007-0113,'' by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2007-0113,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2007-0113.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center home page at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
[[Page 6310]]
information is not publicly available, i.e., CBI 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 in http://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, 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: Stacy Harder, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9042. Ms. Harder can also be reached via electronic mail at
harder.stacy@epa.gov.
Table of Contents
I. Background
II. Summary of Action
III. Final Action
IV. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION:
I. Background
On September 26, 2006, with a clarifying revision submitted on
November 6, 2006, GA EPD submitted proposed SIP revisions to EPA for
review and approval into the Georgia SIP. The revisions include the
following changes made by the State of Georgia to its Air Quality
Rules, found at Chapter 391-3-1. The changes that were made to update
Georgia's regulations include, but are not limited to, ``Definitions;''
``Emissions Limitations and Standards;'' ``Open Burning;''
``Exemptions;'' ``Permits;'' and ``Regulatory Exceptions.'' The changes
are discussed below.
EPA is not acting on revisions to rules 391-3-1-.01(qqqq), 391-3-
1-.02(2)(zz), 391-3-1-.02(2)(mmm), 391-3-1-.02(6)(a), 391-3-
1-.03(6)(g), and 391-3-1-.03(6)(i) at this time. EPA is also not acting
on revisions to rule 391-3-1-02(2)(ooo), as Georgia has submitted a
revised version of the rule. Additionally, we are not acting on
revisions to rules 391-3-1-.02(ppp), 391-3-1-.02(8)(a), 391-3-1-.02(9),
391-3-1-.03(9), 391-3-1-.03(10)(b)2, 391-3-1-.03(10)(e)(6), and 391-3-
1-.03(10)(g)2, as they are not part of the federally approved SIP.
II. Summary of Action
Rule 391-3-1-.01 ``Definitions''
1. 391-3-1-.01(llll) ``Volatile Organic Compound''
Georgia is amending its definition of volatile organic compounds
(VOC) by inserting five additional compounds in the list of compounds
excluded from the definition of VOC. GA EPD is taking an action that
was similarly approved by the EPA on November 29, 2004 (69 FR 69298).
The revision adds the five compounds to the list of those excluded from
the definition of VOC, on the basis that they make a negligible
contribution to ozone formation.
EPA's policy is that compounds of carbon with a negligible level of
reactivity need not be regulated to reduce ozone (42 FR 35314, July 8,
1977). EPA determines whether a given carbon compound has
``negligible'' reactivity by comparing the compound's reactivity to the
reactivity of ethane. EPA lists these compounds in its regulations at
40 CFR 51.100(s), and excludes them from the definition of VOC. The
chemicals on this list are often called ``negligibly reactive.'' EPA
may periodically revise the list of negligibly reactive compounds to
add compounds to or delete them from the list.
The revision updates Georgia's definition of VOC, to be consistent
with the Federal definition of VOC, by adding: 1,1,1,2,2,3,3-
heptafluoro-3-methoxy-propane (n-
C3F7OCH3) (known as HFE-7000); 3-
ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluro-2-(trifluoromethyl) hexane
(known as HFE-7500); 1,1,1,2,3,3,3-heptafluoropropane (known as HFC-
227ea); methyl formate (HCOOOCH3); and t-butyl acetate to
its list of compounds excluded from the definition of VOC. We are
approving this rule to maintain consistency with the Federal definition
of VOC, pursuant to Section 110 of the CAA. This rule change became
State effective on July 20, 2005.
2. 391-3-1-.01(nnnn) ``Procedures for Testing and Monitoring Sources of
Air Pollutants''
Georgia is amending the effective date to the definition of
``Procedures for Testing and Monitoring Sources of Air Pollutants'' to
reflect the current version, dated January 1, 2006. The purpose of the
document is to identify those procedures used for the purposes of
testing and monitoring air pollutant sources. This revision is
approvable because it merely updates a definition in the
``Definitions'' section of Georgia's rule, and is consistent with
Section 110 of the CAA. This revision became State effective on July
13, 2006.
Rule 391-3-1-.02 ``Provisions''
1. 391-3-1-.02(2) ``Emission Standards''
a. 391-3-1-.02(2)(d) ``Fuel-Burning Equipment''
Georgia is amending subparagraphs 1(ii) and 2(ii), relating to
``Fuel Burning Equipment,'' to correct the existing rule. The revision
clarifies the existing rule language regarding applicability for boiler
sizes. The language previously read ``for equipment equal to or greater
than 10 million BTU heat input per hour, or equal to or less than 2,000
million BTU heat input per hour * * *'' The intent of the rule is for
the limit in subparagraph (2)(d)1(ii) to apply to equipment with both a
heat input of greater than or equal to 10 Million British thermal units
per hour (MMBtu/hr) and less than or equal to 2,000 MMBtu/hr
constructed on or before January 1, 1972. Similarly, subparagraph
2(d)2(ii) will be limited to apply to boiler sizes equal to or greater
than 10 MMBtu/hr, and (rather than or) equal to or less than 250 MMBtu/
hr, constructed after January 1, 1972. EPA is approving this revision
to correct an inadvertent error by revising the language in this
subparagraph, consistent with Section 110 of the CAA. The revision
became State effective on July 20, 2005.
b. 391-3-1-.02(2)(tt) ``VOC Emissions From Major Sources''
Georgia is amending paragraph (2), titled ``Emission Limitations
and Standards,'' subparagraph (tt), relating to ``VOC Emissions from
Major Sources,'' by adding new subparagraphs (tt)6 and (tt)7, relating
to Reasonable Available Control Technology (RACT) demonstrations.
The revised rule requires Georgia to issue a public notice to allow
the public an opportunity for comment, for any RACT demonstration
approved pursuant to this subsection of Georgia's regulation, relating
to VOC emission from major sources. The revision will also require GA
EPD to submit all approved RACT determinations to EPA as a SIP
revision. EPA is approving this revision to be consistent with Section
110 of the CAA, as it allows the public an opportunity to comment on,
and requires EPA approval of, any RACT demonstration or revision to a
RACT demonstration. This revision became State effective January 9,
2005.
[[Page 6311]]
c. 391-3-1-.02(2)(yy) ``Emissions of Nitrogen Oxides From Major
Sources''
Georgia is amending paragraph (2), titled ``Emission Limitations
and Standards,'' subparagraph (yy), relating to ``Emissions of Nitrogen
Oxides from Major Sources,'' by adding new subparagraphs (yy)7 and
(yy)8.
The revised rule requires Georgia to issue public notice and
provide an opportunity for public comment for RACT determinations
approved pursuant to this subsection of Georgia's regulation, relating
to nitrogen oxides (NOX) emissions from major sources. The
revision also states that Georgia will submit any modifications or
changes to the approved RACT demonstrations to EPA as a revision to the
SIP. EPA is approving this revision to be consistent with Section 110
of the CAA, as it allows the public an opportunity to comment on, and
requires EPA approval of, any RACT demonstration or revision to a RACT
demonstration. This revision became State effective on January 9, 2005.
d. 391-3-1-.02(2)(rrr) ``NOX Emissions from Small Fuel-
Burning Equipment''
Georgia is adding a new rule (rrr), titled ``NOX
Emissions from Small Fuel-Burning Equipment'' to Chapter 391-3-1-.02(2)
``Emission Limitations and Standards.'' This new rule establishes new
RACT requirements for sources emitting NOX emissions in
excess of one ton per year (tpy), or 25 tpy in the Atlanta 1-hour ozone
nonattainment area (or ``Atlanta Area''). This was a result of the
January 1, 2004, reclassification (68 FR 55469, September 26, 2003) of
the Atlanta 1-hour ozone nonattainment area from ``serious'' to
``severe.'' Subparagraph 1 explains the requirements for performing an
annual tune-up and documentation of the maintenance records. It also
requires that only natural gas be used during the months of May through
September. An affected unit is exempt from the requirements of
subparagraph 1, provided the owner or operator submits the
documentation specified in the facility's permit confirming the unit
will not be operated during the months of May through September. The
Atlanta Area is currently nonattainment for the 1997 8-hour ozone
standard, therefore, these requirements continue to apply to the
Atlanta Area in accordance with anti backsliding provisions set forth
in the CAA. EPA is approving these revisions consistent with Section
110 of the CAA. These revisions became State effective on January 9,
2005, and March 27, 2006.
2. 391-3-1-.02(4) ``Ambient Air Standards''
Georgia is amending subparagraph (4)(b)4, relating to sulfur
dioxide, to correct an error in the standard condition for temperature.
The revision changes the standard condition in subparagraph 4 to read
as 25 degrees Celsius, rather than 26 degrees. This revision became
State effective on July 20, 2005. Georgia is also amending paragraph
(4), subparagraphs (4)(c) and (e), relating to particulate matter and
ozone, respectively. The revisions remove the outdated air quality
standards, and update the rules to reflect the 1997 NAAQS for these
pollutants. (July 18, 1997, 62 FR 38652). The 1997 standard was set at
50 micrograms per cubic meter ([micro]g/m\3\) for PM10. The
1997 standards for 24-hour PM2.5 and annual PM2.5
were set at 65 [micro]g/m\3\ and 15 [micro]g/m\3\, respectively. This
revision is being approved to maintain consistency with the current
NAAQS under Section 110 of the CAA at the time the submission was
provided to EPA. This revision became State effective on January 9,
2005.
3. Rule 391-3-1-.02(5) ``Open Burning''
Georgia is amending paragraph (5) relating to ``Open Burning.'' The
revision deletes the definition of ``slash burning,'' and revises the
definition of ``prescribed burning'' to be consistent with the Georgia
Prescribed Burning Act. What was previously considered ``slash
burning'' is now included in the definition for ``prescribed burning.''
Georgia is also revising subparagraph (b)2 to add the counties of Bibb,
Catoosa, Columbia, Crawford, Houston, Peach, Richmond, Twiggs, and
Walker to those that have open burning restrictions. Additionally,
Georgia is adding language to subparagraph (5)(e), to require Federal
facilities not mandated to obtain burn permits from the Georgia
Forestry Commission, to institute measures to ensure prescribed burning
is not conducted during the months of May through September. EPA is
approving these revisions to clarify language, as well as to be
consistent with the counties that are part of the current 1997 8-hour
ozone nonattainment area, pursuant to Section 110 of the CAA. This
revision became State effective on July 13, 2006.
Rule 391-3-1-.03 ``Permits''
1. 391-3-1-.03(6) ``Exemptions''
a. 391-3-1-.03(6)(b) ``Combustion Equipment''
Georgia is revising subparagraph (6)(b)8 to correct a typographical
error in the combustion equipment exemption for air curtain
incinerators used for land clearing at a construction site, which
became State effective on April 19, 2006. Georgia is also revising
subparagraph (6)(b)11, to clarify language relating to emergency
generators used for peaking power. EPA is approving this revision, to
clarify language, under Section 110 of the CAA. This rule became State
effective on July 13, 2006.
The State is also changing the permit exemption requirements in
subparagraph (6)(b)11 for stationary engines used for emergency
generation, located within 45 north Georgia counties, such that only
engines with a rated capacity of less than 100 kilowatts shall be
exempt, rather than the previous exemption at 300 kilowatts and below.
This rule became State effective on March 27, 2006.
Additionally, Georgia is revising paragraph (6), subparagraph
(b)11(v)(I). The revision modifies the definition of ``emergency
generator'' which states the generator may provide back-up power when
power from the local utility is interrupted, and which operates for
less than 500 hours-per-year, by adding the counties of Banks, Barrow,
Bartow, Butts, Carroll, Chattanooga, Cherokee, Clarke, Clayton, Cobb,
Coweta, Dawson, Dekalb, Douglas, Fayette, Floyd, Forsyth, Fulton,
Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, Jones,
Lamar, Lumpkin, Madison, Meriwether, Monroe, Morgan, Newton, Oconee,
Paulding, Pickens, Pike, Polk, Putnam, Rockdale, Spalding, Troup,
Upson, and Walton, where such generators may only operate less than 200
hours-per-year. The additional counties are part of the current 1997 8-
hour ozone nonattainment area. Therefore, this revision is being
approved, consistent with maintenance of the NAAQS, under Section 110
of the CAA. This rule became State effective on March 27, 2006.
Finally, Georgia is adding new subparagraphs (6)(b)14 and (6)(b)15.
These paragraphs exempt temporary stationary sources that install
boilers and electric generators to replace the source's primary boiler
or generator during periods of maintenance or repair, from obtaining a
permit for the temporary equipment. Actual and potential emissions of
the temporary sources must not exceed that of the main source, and
temporary fuel-burning equipment may not remain at a location for
longer than 180 consecutive days. EPA is approving the revised permit
exemptions as actual and potential emissions of the temporary source
may not exceed that of the main source, consistent with Section 110(l)
of
[[Page 6312]]
the CAA. This revision became State effective on April 19, 2006.
b. 391-3-1-.03(6)(j) ``Construction Permit Exemption for Pollution
Control Projects''
Georgia is adding a new subparagraph (j) relating to
``Exemptions.'' The revision adds an exemption for pollution control
projects from the requirement to obtain a construction permit, under GA
EPD's minor new source permitting regulations. This rule applies to
minor sources only, and limits any emissions increases from the
pollution control project to below the major source threshold for all
pollutants. A project subject to major new source review permitting
does not qualify for this exemption. EPA is approving the revised
permit exemption, as emissions may not exceed the limits set for major
sources, and is consistent with Section 110 of the CAA. This revision
became State effective on July 13, 2006.
2. 391-3-1-.03(11) ``Permit by Rule''
a. 391-3-1-.03(11)(b)3(i) ``Permit by Rule Standards''
Georgia is revising subparagraph (b)3(i) to clarify the language
for the specific equipment covered by the permit-by-rule for on-site
power generation. Specifically, the language ``fuel-burning equipment''
is being replaced by ``internal combustion engines,'' to best describe
the equipment. This rule revision is being approved to more clearly
define the equipment named in this subparagraph, and is consistent with
Section 110 of the CAA. The rule became State effective on July 20,
2005.
b. 391-3-1-.03(11)(b)5(i) ``Permit by Rule Standards''
Georgia is amending subparagraph (b)5(i) to clarify the specific
equipment covered by permit-by-rule for hot mix asphalt plants.
Specifically, the language ``with external combustion fuel-burning
equipment rated as less than or equal to 100 million BtU per hour'' is
replaced by ``hot mix asphalt facilities,'' to best describe the
facilities. This rule revision is being approved to more clearly define
the equipment named in this subparagraph, and is consistent with
Section 110 of the CAA. The revision became State effective on July 20,
2005.
Rule 391-3-1-.05 ``Regulatory Exceptions''
Georgia is repealing Rule 391-3-1-.05 ``Regulatory Exceptions'' on
the basis that it is unnecessary and non-mandatory. The basis of the
rule was to allow the Director of GA EPD to grant exceptions to
particular requirements of any rule or regulation. In order for a
regulatory exception to be granted, it must first be submitted to EPA,
and approved as a SIP revision. Therefore, this rule is repealed in its
entirety. The repeal of this revision is being approved, as any
regulatory exception must first be submitted to EPA for approval,
pursuant to Section 110 of the CAA. This revision became State
effective on July 13, 2006.
III. Final Action
EPA is taking direct final action to approve the aforementioned
revisions, specifically, Air Quality Rules Chapter 391-3-1, into the
Georgia SIP. The revision was submitted by GA EPD on September 26,
2006, with a clarifying revision submitted on November 6, 2006. These
revisions meet CAA requirements and are consistent with EPA policy and
regulations.
EPA is publishing this rule without prior proposal because the
Agency views these as noncontroversial submittals and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revisions should
adverse comments be filed. This rule will be effective April 12, 2010
without further notice unless the Agency receives adverse comments by
March 11, 2010.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on April 12, 2010 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
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. 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. Accordingly, 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 Order
12866 (58 FR 51735, October 4, 1993);
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).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not 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
[[Page 6313]]
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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 12, 2010. 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. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the proposed
rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. 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, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 11, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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 Sec. 52.570(c) is amended by
0
a. Revising the entries for ``391-3-1-.01, and ``391-3-1-.02(2)(d),''
``391-3-1-.02(2)(tt),'' ``391-3-1-.02(2)(yy),'' ``391-3-
1-.02(2)(rrr),'' ``391-3-1-.02(4),'' ``391-3-1-.02(5),'' and ``391-3-
1-.03;''
0
b. Removing the entry for ``391-3-1-.05,'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01.................. Definitions.......... 7/13/06 2/9/09 [Insert .................
citation of
publication].
* * * * * * *
391-3-1-.02(2)(d)............ Fuel-burning Equipment 7/20/05 2/9/09 [Insert .................
citation of
publication].
* * * * * * *
391-3-1-.02(2)(tt)........... VOC Emissions from 1/9/05 2/9/09 [Insert .................
Major Sources. citation of
publication].
* * * * * * *
391-3-1-.02(2)(yy)........... Emissions of Nitrogen 1/9/05 2/9/09 [Insert .................
Oxides from Major citation of
Sources. publication].
* * * * * * *
391-3-1-.02(2)(rrr).......... NOX Emissions from 3/27/06 2/9/09 [Insert .................
Small Fuel-Burning citation of
Equipment. publication].
* * * * * * *
391-3-1-.02(4)............... Ambient Air Standards. 1/9/05 2/9/09 [Insert .................
citation of
publication].
391-3-1-.02(5)............... Open Burning.......... 7/13/06 2/9/09 [Insert .................
citation of
publication].
* * * * * * *
391-3-1-.03.................. Permits............... 7/13/06 2/9/09 [Insert .................
citation of
publication].
* * * * * * *
391-3-1-.05.................. Repealed.............. 7/13/06 2/9/09 [Insert .................
citation of
publication].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 6314]]
* * * * *
[FR Doc. 2010-2706 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P