Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45609 

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). 

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 September 29, 

2015. 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 CAA section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: July 1, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority for citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart ZZ—Wyoming 

■ 2. In § 52.2620, the table titled ‘‘State 

of Wyoming Regulations’’ in paragraph 

(c)(1) is amended under Chapter 2 by 

revising the entry for section 4 to read 

as follows: 

§ 52.2620 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State adopted and effective 

date 

EPA approval date and citation 1 Explanations 

*******

Chapter 2 

Section 4 ................. Ambient standards for sulfur 

oxides.

10/5/2012, 12/19/2012 ........ 7/31/15, [insert Federal 

Register citation].

* * * * * * * 

1 In order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this column for that particular provision. 

* * * * * 

[FR Doc. 2015–18515 Filed 7–30–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0413; FRL–9931–65– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Georgia: 

Revisions to Definitions and Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve portions of State 

Implementation Plan (SIP) revisions 

submitted by the State of Georgia, 

through the Georgia Department of 

Natural Resources’ Environmental 

Protection Division (GA EPD), on 

August 30, 2010, December 15, 2011, 

and November 12, 2014. The SIP 

submittals include changes to GA EPD’s 

air quality rules that, among other 

things, modify definitions and modify 

the ambient air standards for fine 

particulate matter. The portions of the 

SIP revisions that EPA is approving are 

consistent with the requirements of the 

Clean Air Act (CAA). 

DATES: This direct final rule is effective 

September 29, 2015 without further 

notice, unless EPA receives adverse 

comment by August 31, 2015. 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–2015–0413, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015– 

0413,’’ Air Regulatory Management 

Section (formerly Regulatory 

Development Section), Air Planning and 

Implementation Branch (formerly 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: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 


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45610 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 

1Following EPA’s approval of Rule 391–3–1– 

.03(13) into the SIP, the State modified provision 

391–3–1–.03(13)(c) and submitted that change to 

EPA as a SIP revision on March 5, 2007. EPA 

disapproved that change on December 30, 2008. See 

73 FR 79653. Georgia subsequently reverted to the 

original language in 391–3–1–.03(13)(c) and 

submitted that original language to EPA for 

approval in its August 30, 2010, SIP revision. 

Because the version of 391–3–1–.03(13)(c) 

incorporated into the SIP did not change to reflect 

the State’s proposed 2007 modification, there is 

currently no modification for EPA to act on. 

2Additionally, GA EPD submitted a change to 

Rule 391–3–1–.01(llll) (and changes to several other 

rules) to EPA in an October 31, 2006, submittal 

(available at Docket ID: EPA–R04–OAR–2006– 

0649–201059). However, GA EPD did not request 

that EPA act to approve many of these changes into 

the SIP, including the change to Rule 391–3–1– 

.01(llll), in the submittal cover letter. Therefore, 

EPA does not consider the changes in the October 

31, 2006, submittal that were not identified by the 

State for approval into the SIP to be part of an 

official SIP revision package. EPA has acted only on 

the rule changes in the October 31, 2006, submittal 

that Georgia requested for inclusion into the SIP. 

See 74 FR 62249 and 75 FR 71018 (November 27, 

2009; November 22, 2010). 

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 No. ‘‘EPA–R04–OAR–2015– 

0413.’’ 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 

may not be 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 Regulatory 

Management Section, Air Planning and 

Implementation 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: D. 

Brad Akers, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. Akers 

can be reached by phone at (404) 562– 

9089 or via electronic mail at 

akers.brad@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 30, 2010, December 15, 

2011, and November 12, 2014, GA EPD 

submitted SIP revisions to EPA for 

review and approval into the Georgia 

SIP that contain changes to a number of 

Georgia’s air quality rules at rule 

chapter 391–3–1. The changes that EPA 

is approving into the SIP today modify 

portions of Rule 391–3–1–.01— 

‘‘Definitions,’’ and Rule 391–3–1– 

.02(4)—‘‘Ambient Air Standards.’’ The 

changes requested by Georgia in the 

three SIP revisions are discussed below. 

EPA is not acting on the changes to 

the following rule sections proposed by 

Georgia because the rule sections are not 

incorporated into the SIP: Rule 391–3– 

1–.02(8)(b)—‘‘New Source Performance 

Standards’’ (August 30, 2010, and 

November 12, 2014, submittals); Rule 

391–3–1–.02(9)(b)—‘‘Emission 

Standards for Hazardous Air Pollutants’’ 

(August 30, 2010, December 15, 2011, 

and November 12, 2014, submittals); 

Rule 391–3–1–.03(9)—‘‘Permit Fees’’ 

(August 30, 2010, and December 15, 

2011, submittals); Rule 391–3–1– 

.02(2)(www)—‘‘Sewage Sludge 

Incineration Units Constructed On or 

Before October 14, 2010’’ (November 12, 

2014, submittal); and Rule 391–3–1– 

.03(10)—‘‘Title V Operating Permits’’ 

(November 12, 2014, submittal). EPA is 

not acting on changes to Rule 391–3–1– 

.02(2)(uuu)—‘‘SO2 Emissions from 

Electric Utility Steam Generating 

Units,’’ included in the December 15, 

2011, submittal because the rule is not 

part of the SIP and the State’s prior 

request to incorporate the rule into the 

SIP was withdrawn from EPA 

consideration by the State in a letter 

dated December 9, 2014. At this time, 

the Agency is not acting on changes to 

Rule 391–3–1–.01(cccc)—‘‘Synthetic 

Minor Permits’’ or related changes to 

Rule 391–3–1–.03(11)—‘‘Permit by 

Rule,’’ in the December 15, 2011, 

submittal or changes to Rule 391–3–1– 

.03(8) in the December 15, 2011, 

submittal because those revisions will 

be addressed in a separate action. 

Changes to Rule 391–3–1–.02(4)— 

‘‘Ambient Air Standards,’’ from the 

August 30, 2010, and December 15, 

2011, submittals were previously 

approved, and therefore, are not before 

the EPA for consideration in today’s 

action. See 78 FR 28744 (May 16, 2013). 

EPA is also not acting on changes to 

Rule 391–3–1–.02(7)—‘‘Prevention of 

Significant Deterioration’’ in the 

December 15, 2011, or November 12, 

2014, submittals at this time because 

these changes will be addressed in a 

separate action. The Agency is not 

acting on changes to Rule 391–3–1– 

.02(7) from two August 30, 2010, 

submittals because the changes were 

previously submitted to EPA in an 

October 31, 2006, submittal and 

approved into the SIP. See 75 FR 71018 

(November 22, 2010). Finally, EPA is 

not taking action on changes to Rule 

391–3–1–.03(13)(c)—‘‘Quantification of 

Emission Reduction Credits,’’ included 

in one August 30, 2010, submittal, 

because the version of the rule in the 

SIP already contains the requested 

language.1

II. Analysis of Georgia’s Submittals 

A. Rule 391–3–1–.01—‘‘Definitions’’ 

1. Rule 391–3–1–.01(llll)—‘‘Volatile 

Organic Compound’’ 

Georgia is amending its definition of 

volatile organic compound (VOC) at 

Rule 391–3–.01(llll) 2 by adding eight 

additional compounds to the list of 


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Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45611 

3The eight compounds are: propylene carbonate; 

dimethyl carbonate; HCF2OCF2H (HFE–134); 

HCF2OCF2OCF2H (HFE–236cal2); 

HCF2OCF2CF2OCF2H (HFE–338pcc13); 

HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or HGalden ZT 130 (or 150 or 180)); trans-1-chloro3,3,3-trifluoroprop-1-ene; and 2,3,3,3- 

tetrafluoropropene. These compounds are excluded 

from the Federal definition of VOC at 40 CFR 

51.100(s). 

compounds excluded from the 

definition of VOC and by excluding one 

compound from VOC emissions 

limitations or VOC content 

requirements (this compound remains a 

‘‘VOC’’ for recordkeeping, emissions 

inventories, and modeling purposes). 

GA EPD is revising its definition of VOC 

to reflect modifications to the Federal 

definition at 40 CFR 51.100(s) made by 

EPA on February 20, 2009 (74 FR 3437) 

(reflected in the August 30, 2010, 

submittal) and on November 29, 2004 

(69 FR 69298), February 12, 2013 (78 FR 

9823), August 28, 2013 (78 FR 53029), 

and October 22, 2013 (78 FR 62451) 

(reflected in the November 12, 2014, 

submittal). 

EPA’s policy is that compounds of 

carbon with a negligible level of 

reactivity need not be regulated to 

reduce ozone. See 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 excludes these compounds in its 

definition of VOC at 40 CFR 51.100(s). 

The chemicals on this list are often 

called ‘‘negligibly reactive.’’ EPA may 

periodically add compounds to or delete 

compounds from the list of negligibly 

reactive compounds in 40 CFR 

51.100(s). 

The changes approved to the SIP 

today update the definition of VOC at 

Rule 391–3–1–.01(llll) for consistency 

with the definition of VOC at 40 CFR 

51.100(s) by: (1) Adding eight additional 

compounds to the list of compounds 

excluded from the definition of VOC; 3

and (2) adding the following paragraph 

to clarify the status of t-butyl acetate— 

‘‘[t]he following compound(s) are VOC 

for purposes of all recordkeeping, 

emissions reporting, photochemical 

dispersion modeling and inventory 

requirements which apply to VOC and 

shall be uniquely identified in emission 

reports, but are not VOC for purposes of 

VOC emissions limitations or VOC 

content requirements: t-butyl acetate.’’ 

EPA is approving these changes to 

Rule 391–3–1–.01(llll) into the SIP to 

maintain consistency with the Federal 

definition of VOC at 40 CFR 51.100(s). 

These rule changes became state 

effective on July 20, 2009, and October 

14, 2014. 

2. 391–3–1–.01(nnnn)—‘‘Procedures for 

Testing and Monitoring Sources of Air 

Pollutants’’ 

In the November 12, 2014, submittal, 

Georgia is amending the definition of 

‘‘Procedures for Testing and Monitoring 

Sources of Air Pollutants’’ at Rule 391– 

3–1–.01(nnnn) to reference the February 

7, 2014, version of the Georgia 

Department of Natural Resources 

document entitled ‘‘Procedures for 

Testing and Monitoring Sources of Air 

Pollutants.’’ The purpose of that 

document is to identify the procedures 

used for testing and monitoring the air 

pollutant sources. The August 30, 2010, 

submittal revised the date of the 

document to reflect then-current version 

of the document, dated March 1, 2009; 

and the December 15, 2011, submittal 

revised the date to the then-current 

version, dated February 1, 2011. 

However, the more current November 

12, 2014, SIP submittal revised the date 

to reflect the February 7, 2014, version 

of the document, and this revision 

supersedes the revisions submitted on 

August 30, 2010, and December 15, 

2011. This change to the SIP is 

approvable because it merely updates 

the date of the ‘‘Procedures for Testing 

and Monitoring Sources of Air 

Pollutants’’ document referenced in the 

SIP-approved version of Rule 391–3–1– 

.01(nnnn). The revision to this rule in 

the November 12, 2014, SIP revision 

became state effective on October 14, 

2014. 

B. Rule 391–3–1–.02(4)—‘‘Ambient Air 

Standards’’ 

Georgia is amending Rule 391–3–1– 

.02(4)(c)2.(ii), relating to the ambient air 

standards for fine particulate matter 

(PM2.5), to reflect the 2012 annual 

national ambient air quality standards 

(NAAQS) for this pollutant, set at 12.0 

micrograms per cubic meter on 

December 14, 2012. See 78 FR 3086 

(January 15, 2013). EPA is approving 

this revision to the Georgia SIP to 

maintain consistency with the PM2.5

NAAQS at the time that the submission 

was provided to EPA. Georgia’s rule 

revision became state effective on 

October 14, 2014. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporate 

by reference of the revised definition of 

‘‘Volatile Organic Compound’’ at Rule 

391–3–1–.01(llll) (state effective on July 

20, 2009, and October 14, 2014), the 

revised definition of ‘‘Procedures for 

Testing and Monitoring Sources of Air 

Pollutants’’ at Rule 391–3–1–.01(nnnn) 

(state effective on October 14, 2014), 

and the revisions to the PM2.5 ambient 

air standard at Rule 391–3–1– 

.02(4)(c)2.(ii) (state effective on October 

14, 2014). EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

IV. Final Action 

EPA is taking direct final action to 

approve the changes to the Georgia SIP 

specifically identified in section II, 

above, because these changes are 

consistent with the CAA. 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 changes should adverse 

comments be filed. This rule will be 

effective September 29, 2015 without 

further notice unless the Agency 

receives adverse comments by August 

31, 2015. 

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 September 29, 

2015 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. 

V. 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. Accordingly, this action 

merely approves state law as meeting 


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45612 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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). 

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 September 29, 2015. 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, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Volatile organic 

compounds. 

Dated: July 22, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart L—Georgia 

■ 2. Section 52.570(c) is amended by 

revising the entries for ‘‘391–3–1–.01’’ 

and ‘‘391–3–1–.02(4)’’ to read as 

follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

391–3–1–.01 ........... Definitions .................................... 10/14/2014 7/31/2015, [Insert citation of publication].

* * * * * * * 

391–3–1–.02(4) ...... Ambient Air Standards ................ 10/14/2014 7/31/2015, [Insert citation of publication].

* * * * * * * 

* * * * * 

[FR Doc. 2015–18758 Filed 7–30–15; 8:45 am] 

BILLING CODE 6560–50–P 


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Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45613 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0411; FRL–9931–56– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; 2011 Base Year Emissions 

Inventory for the Marshall, West 

Virginia Nonattainment Area for the 

2010 1-Hour Sulfur Dioxide National 

Ambient Air Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve the 2011 base year 

emissions inventory submitted by the 

State of West Virginia for the 2010 

1-hour sulfur dioxide (SO2) National 

Ambient Air Quality Standard 

(NAAQS). The emissions inventory was 

submitted to meet one of the 

nonattainment requirements for the 

Marshall, West Virginia nonattainment 

area (Marshall Area or Area) for the 

2010 1-hour SO2 NAAQS. EPA is 

approving the 2011 base year emissions 

inventory for the 2010 1-hour SO2

NAAQS for the Marshall Area in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on 

September 29, 2015 without further 

notice, unless EPA receives adverse 

written comment by August 31, 2015. 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– 

R03–OAR–2015–0411 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2015–0411, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2015– 

0411. 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. 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. 

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 during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal is available 

at the West Virginia Department of 

Environmental Protection, Division of 

Air Quality, 601 57th Street SE., 

Charleston, West Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Summary of West Virginia’s Submittal 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

In June 2010, EPA promulgated a new 

1-hour primary SO2 NAAQS of 75 parts 

per billion (ppb), which is met at an 

ambient air quality monitoring site 

when the 3-year average of the annual 

99th percentile of 1-hour daily 

maximum concentrations does not 

exceed 75 ppb, as determined in 

accordance with Appendix T of 40 CFR 

part 50. See 40 CFR 50.17(a)–(b). On 

August 5, 2013, the EPA designated 29 

areas of the country, including the 

Marshall Area, as nonattainment for the 

2010 SO2 NAAQS (77 FR 47191). The 

Marshall Area is comprised of Clay, 

Franklin, and Washington Tax Districts 

in Marshall County, West Virginia. 

An area designated as nonattainment 

for the 2010 1-hour SO2 NAAQS is 

required to submit a nonattainment SIP 

to EPA meeting the requirements of 

subparts 1 and 5 of part D, of Title I of 

the CAA, providing for attainment of the 

NAAQS by the applicable statutory 

attainment date. See CAA sections 172 

and 191–192. These SIPs are required to 

provide for future attainment of the 

2010 1-hour SO2 NAAQS as 

expeditiously as practicable, but no later 

than 5 years from the effective date of 

designation as nonattainment. One of 

the requirements for states with an SO2

nonattainment area is the submission of 

an emissions inventory. Section 

172(c)(3) requires the submission of a 

comprehensive, accurate, current 

accounting of actual emissions from all 

sources of the relevant pollutant in the 

nonattainment area. 

II. Summary of West Virginia’s 

Submittal 

On May 6, 2015, the West Virginia 

Department of Environmental Protection 

(WVDEP) submitted the 2011 base year 

emissions inventory for the Marshall 

Area for the 2010 1-hour SO2 NAAQS to 

meet the requirements of CAA section 

172(c)(3). The base year inventory 

includes actual annual emissions of SO2

that cover the general source categories 

of stationary point sources, stationary 

nonpoint sources, nonroad mobile 

sources, and onroad mobile sources. For 

the purpose of the base year inventory, 

emissions from the entire county were 

submitted. WVDEP used emissions from 

EPA’s 2011 National Emissions 

Inventory (NEI) version 2 for the base 


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