[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28744-28747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11567]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2013-0223; FRL-9813-8]
Approval and Promulgation of Implementation Plans; Georgia; State
Implementation Plan Miscellaneous Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve changes to the
Georgia State Implementation Plan (SIP) submitted by the Georgia
Environmental Protection Division to EPA in four separate SIP
submittals dated September 15, 2008, August 30, 2010 (two submittals),
and December 15, 2011. In the portions of the submittals being approved
today, the SIP revisions update the Georgia SIP to reflect EPA's
current national ambient air quality standards (NAAQS) for sulfur
dioxide, nitrogen dioxide, ozone, lead, and particulate matter found in
the Code of Federal Regulations.
DATES: This direct final rule is effective July 15, 2013 without
further notice, unless EPA receives adverse comment by June 17, 2013.
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 No. EPA-R04-
OAR-2013-0223, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (404) 562-9019.
4. Mail: EPA-R04-OAR-2013-0223, 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: 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 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2013-0223. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 www.regulations.gov or
email, information that you consider to be CBI or otherwise protected.
The 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 email
comment directly to EPA without going through www.regulations.gov, your
email 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
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
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 www.regulations.gov or
in hard copy at the 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 to
4:30, excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Georgia
SIP, contact Mr. Richard Wong, 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. Mr. Wong's telephone number is (404) 562-
8726; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the State's Submittal
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Sections 108 and 109 of the Clean Air Act (CAA or Act) govern the
establishment, review, and revision, as appropriate, of the NAAQS to
protect public health and welfare. The CAA requires periodic review of
the air quality criteria--the science upon which the standards are
based--and the standards themselves. EPA's regulatory provisions that
govern the NAAQS are found at 40 CFR Part 50--National Primary and
Secondary Ambient Air Quality Standards. In this rulemaking, EPA is
proposing to approve portions of Georgia's September 15, 2008, August
30, 2010 (two submittals), and December 15, 2011, submissions amending
the State's rules identifying the current NAAQS table for sulfur
dioxide, nitrogen dioxide, ozone, lead and particulate matter that are
found at Rule 391-3-1-.02(4)b, c, e, f, and g. The SIP submissions
amending Georgia's rules to incorporate the NAAQS can be found in the
Docket for this proposed rulemaking at www.regulations.gov and are
summarized below. The remainder
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of Georgia's September 15, 2008,\1\ August 30, 2010 (two submittals),
and December 15, 2011, SIP revisions are being considered in a separate
rulemaking.
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\1\ On September 15, 2008, Georgia submitted to EPA a SIP for
miscellaneous revisions/Title V programs. EPA took action on a
portion of Georgia's September 15, 2008, regarding the RACT (y),
(ii), (kkk) and published in the Federal Register on September 28,
2012 (77 FR 59554). Action on the remaining portions of the
September 15, 2008, submittal is still under consideration and will
be addressed in a separate action.
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II. Analysis of the State's Submittal
a. Sulfur Dioxide
On June 22, 2010, EPA revised the primary NAAQS for the 1-hour
sulfur dioxide to 75 parts per billion (ppb). See 75 FR 35520.
Accordingly, in a December 15, 2011, SIP submission, Georgia updated
state rule 391-3-1-.02(4)(b) ``Sulfur Dioxide'' to be consistent with
the NAAQS that were promulgated in 2010. EPA has reviewed this revision
to Georgia's rule for sulfur dioxide and has made the determination
that this change is consistent with federal regulations; thus, EPA is
approving this change to Georgia's SIP.
b. Nitrogen Dioxide
On October 8, 1996, EPA revised the primary and secondary NAAQS for
the annual nitrogen dioxide to 53 ppb. See 61 FR 52852. On February 9,
2010, EPA revised the primary NAAQS for the 1-hour nitrogen dioxide to
100 ppb. See 75 FR 6474. Accordingly, in a December 15, 2011, SIP
submission, Georgia updated state rule 391-3-1-.02(4)(g) ``Nitrogen
Dioxide'' to be consistent with the NAAQS that were promulgated in 1996
and 2010 for the primary and secondary annual and primary 1-hour,
respectively. EPA has reviewed the changes to Georgia's rule for
nitrogen dioxide and has made the determination that the changes are
consistent with federal regulations; thus, EPA is approving the changes
to Georgia's SIP.
c. Ozone
On March 27, 2008, EPA revised the primary and secondary NAAQS for
the 8-hour ozone to 75 ppb to provide increased protection of public
health and welfare, respectively. See 73 FR 16436. Accordingly, in a
August 30, 2010, SIP submission, Georgia updated state rule 391-3-
1-.02(4)(e) ``Ozone'' to update the definition for ozone to be
consistent with the 8-hour ozone NAAQS that were promulgated in 2008.
EPA has reviewed this revision to Georgia's rule for ozone and has made
the determination that this change is consistent with federal
regulations; thus, EPA is approving this change to Georgia's SIP.
d. Lead
On November 12, 2008, EPA revised the lead NAAQS from 1.5
micrograms per cubic meter ([micro]g/m\3\) to 0.15 [micro]g/m\3\ based
on a rolling 3-month average for both the primary and secondary
standards. See 73 FR 66964. Accordingly, in a August 30, 2010, SIP
submission, Georgia updated state rule 391-3-.02(4)(f) ``Lead'' to
update the definition for lead to be consistent with the NAAQS that
were promulgated in 2008. EPA has reviewed this revision to Georgia's
rule for lead and has made the determination that this change is
consistent with federal regulations; thus, EPA is approving this change
to Georgia's SIP.
e. Particulate Matter
On October 17, 2006, EPA retained the annual average NAAQS at 15
[mu]g/m\3\ but revised the 24-hour NAAQS to 35 [mu]g/m\3\, based again
on the 3-year average of the 98th percentile of 24-hour concentrations.
Under EPA regulations at 40 CFR part 50, the primary and secondary 2006
24-hour PM2.5 NAAQS are attained when the annual arithmetic
mean concentration, as determined in accordance with 40 CFR part 50,
Appendix N, is less than or equal to 35 [micro]g/m\3\ at all relevant
monitoring sites in the subject area over a 3-year period. See 71 FR
61144. EPA has previously approved Georgia's retainment of the annual
average NAAQS at 15 [mu]g/m\3\. See 75 FR 6309, February 9, 2010.
Accordingly, in a September 15, 2008, and August 30, 2010, SIP
submissions, Georgia updated state rule 391-3-1-.02(4)(c) ``Particulate
Matter'' to update the definition for 24-hour and significant digits
for the annual PM2.5 NAAQS, respectively, to be consistent
with the NAAQS that were promulgated in 2006. EPA has reviewed this
revision to Georgia's rule for the 24-hour and annual PM2.5
NAAQS and has made the determination that this change is consistent
with federal regulations; thus, EPA is approving this change to
Georgia's SIP.
Additionally, on October 17, 2006, EPA revoked the PM10
annual NAAQS of 50 [mu]g/m\3\, while keeping in place the 24-hour
PM10 NAAQS of 150 [mu]g/m\3\. See 71 FR 61144. Accordingly,
in a August 30, 2010, SIP submission, Georgia updated state rule 391-3-
1-.02(4)(c) ``Particulate Matter'' to update the definition for the
PM10 NAAQS to be consistent with the NAAQS that were
promulgated in 2006. EPA has reviewed this revision to Georgia's rule
for the 24-hour PM10 NAAQS and has made the determination
that this change is consistent with federal regulations; thus, EPA is
approving this change to Georgia's SIP.
III. Final Action
EPA is approving the aforementioned changes to the State of Georgia
SIP, because it is consistent with EPA's standards for sulfur dioxide,
nitrogen dioxide, ozone, lead and particulate matter. EPA is publishing
this rule without prior proposal because the Agency views this as a
noncontroversial submittal 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 revision should adverse comments be
filed. This rule will be effective July 15, 2013 without further notice
unless the Agency receives adverse comments by June 17, 2013.
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 July 15, 2013 and no
further action will be taken on the proposed rule.
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
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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 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 15, 2013. 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, Volatile organic compounds.
Dated: May 3, 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(c) is amended under Table 1, under Emission Standards
by revising the entry for ``391-3-1-.02(4)'' 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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391-3-1-.02(4)................ Ambient Air Standards. 9/13/2011 5/16/2013 [Insert
citation of
publication].
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[FR Doc. 2013-11567 Filed 5-15-13; 8:45 am]
BILLING CODE 6560-50-P