[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16783-16785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06076]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0448; FRL-9791-1]
Approval and Promulgation of Implementation Plans; Georgia;
Control Techniques Guidelines and Reasonably Available Control
Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: On September 28, 2012, EPA published a final rule in the
Federal Register approving Georgia State Implementation Plan (SIP)
revisions, submitted through the Georgia Environmental Protection
Division (GA EPD), related to reasonably available control technology
(RACT) requirements. This correcting amendment corrects errors in the
non-regulatory Code of Federal Regulations (CFR) language portion of
the September 28, 2012, final approval. Specifically, this correction
pertains to negative declarations made by GA EPD in its October 21,
2009, SIP submittal for certain source categories for which EPA has
issued control technique guidelines (CTG). EPA's September 28, 2012,
final rulemaking addressing Georgia's RACT revisions, approved the
negative declarations; however, they were inadvertently omitted from
the actual CFR non-regulatory language at the end of the final action.
DATES: Effective on March 19, 2013.
FOR FURTHER INFORMATION CONTACT: Jane Spann, 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. Jane Spann may be reached by
phone at (404) 562-9029 or by electronic mail address
[email protected].
SUPPLEMENTARY INFORMATION: This action corrects an inadvertent omission
in EPA's September 28, 2012, final action approving Georgia's RACT
submittals. On October 21, 2009, Georgia submitted a SIP revision
containing, among other things, the Atlanta Area RACT SIP. In this RACT
submittal Georgia lists CTG source categories for which Georgia has
rules or has made negative declarations.\1\ On July 31, 2012 (77 FR
45307), EPA proposed approval of Georgia's October 21, 2009, SIP
revision, including the negative declarations included therein. In
EPA's September 28, 2012, final action (77 FR 59554), EPA approved
Georgia's October 21, 2009, submission, including the list of Georgia
rules and negative declarations. Towards the end of the September 28,
2012, final action, EPA inadvertently omitted the list of negative
declarations in the CFR non-regulatory language. Today's correcting
amendment will correct the CFR non-regulatory language to include the
following information. Georgia made negative declarations in its
October 21, 2009, SIP submittal related to the following CTG source
categories:
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\1\ If no major sources of volatile organic compounds (VOC) or
nitrous oxides emissions (each pollutant should be considered
separately) in a particular source category exist in an applicable
nonattainment area, a state may submit a negative declaration for
that category.
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1. Control of Volatile Organic Compound (VOC) Emissions from
Reactor Processes and Distillation Operations in Synthetic Organic
Chemical Manufacturing Industry (SOCMI) EPA-450/4-91-031, August 1993.
2. Control of VOC Emissions from Equipment Leaks from Natural Gas/
Gasoline Processing Plants EPA-450/3-83-007, December 1983.
3. Control of VOC Leaks from Synthetic Organic Chemical Polymer and
Resin Manufacturing Equipment EPA-450/3-83-006, March 1984.
4. Control of VOC Emissions from Air Oxidation Processes in SOCMI,
EPA-450/3-84-015, December 1984.
EPA has determined that today's correcting action falls under the
``good cause'' exemption in section 553(b)(3)(B) of the Administrative
Procedure Act (APA) which, upon finding ``good cause,'' authorizes
agencies to dispense with public participation where public notice and
comment procedures are impracticable, unnecessary, or contrary to the
public interest. Public notice and comment for this action is
unnecessary because today's action simply makes a correction to a
previous inadvertent omission in the non-regulatory text of the CFR.
EPA previously provided for public notice and comment on the
substantive SIP revision approval. In addition, EPA does not believe
the public would be interested in commenting on the correction prior to
this action being finalized, since this correction action does not
change the conclusion of EPA's analysis or action addressing approval
of the Georgia RACT rules.
EPA also finds that there is good cause under APA section 553(d)(3)
for this correction to become effective on the date of publication of
this action. Section 553(d)(3) of the APA allows an effective date less
than 30 days after publication ``as otherwise provided by the agency
for good cause found and published with the rule.'' 5 U.S.C. 553(d)(3).
The purpose of the 30-day waiting period prescribed in APA section
553(d)(3) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's action simply corrects an inadvertent omission
in the CFR of a small portion of a SIP revision that EPA previously
substantively approved. For these
[[Page 16784]]
reasons, EPA finds good cause under APA section 553(d)(3) for this
correction to become effective on the date of publication of this
action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely explicitly lists the CTG source categories for which Georgia
made a negative declaration, is consistent with the substantive
revisions to the Georgia SIP described in the final approval of the
Georgia RACT SIP revisions and imposes no additional requirements
beyond those imposed by state law. Accordingly, the Administrator
certifies that this rule will not have a significant economic impact on
a substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule merely corrects an
inadvertent omission for the non-regulatory text of EPA's September 28,
2012, final rule addressing the approval of the Georgia's RACT SIP, and
does not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
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). This rule also does not have Federalism
implications because it does not 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 rule merely corrects an inadvertent
omission for the non-regulatory text of EPA's September 28, 2012, final
rule addressing the approval of the Georgia RACT SIP, and does not
alter the relationship or the distribution of power and
responsibilities established in the CAA. This rule also is not subject
to Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because
it is not economically significant. In addition, this rule 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 rule also does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. section 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
rule 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).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 7, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 52.570(e) is amended by adding new entries 38 through 41 to
the table in numerical order to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Georgia Non-Regulatory Provisions
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Applicable State
Name of nonregulatory SIP geographic or submittal date/ EPA approval Explanation
provision nonattainment area effective date date
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* * * * * * *
38. Negative Declaration for Atlanta 1997 8- 10/21/2009 09/28/2013 ...........................
Control of VOC Emissions from Hour Ozone
Reactor Processes and Nonattainment
Distillation Operations in Area.
Synthetic Organic Chemical
Manufacturing Industry (SOCMI)
EPA-450/4-91-031, August 1993.
39. Negative Declaration for Atlanta 1997 8- 10/21/2009 09/28/2013 ...........................
Control of VOC Emissions from Hour Ozone
Equipment Leaks from Natural Nonattainment
Gas/Gasoline Processing Plants Area.
EPA-450/3-83-007, December
1983.
40. Negative Declaration for Atlanta 1997 8- 10/21/2009 09/28/2013 ...........................
Control of VOC Leaks from Hour Ozone
Synthetic Organic Chemical Nonattainment
Polymer and Resin Area.
Manufacturing Equipment EPA-
450/3-83-006, March 1984.
[[Page 16785]]
41. Negative Declaration for Atlanta 1997 8- 10/21/2009 09/28/2013 ...........................
Control of VOC Emissions from Hour Ozone
Air Oxidation Processes in Nonattainment
Synthetic Organic Chemical Area.
Manufacturing Industry
(SOCMI), EPA-450/3-84-015,
December 1984.
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[FR Doc. 2013-06076 Filed 3-18-13; 8:45 am]
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