Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45307 

Commonwealth of Virginia through 

VDEQ on April 4, 2008. We have made 

the determination that this action is 

consistent with section 110 of the CAA. 

EPA is soliciting public comments on 

the issues discussed in this document. 

These comments will be considered 

before taking final action. 

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 

CAA 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 proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed 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 proposed rule, 

pertaining to the PM2.5 2002 base year 

emissions inventory portion of the 

Virginia SIP, 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Nitrogen dioxide, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: July 18, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2012–18657 Filed 7–30–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0448; FRL–9707–7] 

Approval and Promulgation of Air 

Quality Implementation Plans: 

Georgia; Control Techniques 

Guidelines and Reasonably Available 

Control Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

three final and one draft State 

Implementation Plan (SIP) revisions 

submitted by the State of Georgia, 

through the Georgia Environmental 

Protection Division (GA EPD), to EPA 

on November 13, 1992, October 21, 

2009, March 19, 2012, and July 19, 2012 

(draft SIP revision). With regard only to 

the July 19, 2012, SIP submission, EPA 

is also proposing, in the alternative, to 

conditionally approve that revision 

which relates to certain control 

techniques guidelines (CTG) categories. 

Together, these four revisions establish 

reasonably available control technology 

(RACT) requirements for the major 

sources located in the Atlanta, Georgia 

1997 8-hour ozone nonattainment area 

(hereafter referred to as the ‘‘Atlanta 

Area’’) that either emit volatile organic 

compounds (VOC), nitrogen oxides 

(NOx), or both. Georgia’s SIP revisions 

include certain VOC source categories 

for which EPA has issued CTG. EPA has 

evaluated the proposed revisions to 

Georgia’s SIP, and has made the 

preliminary determination that they are 

consistent with statutory and regulatory 

requirements and EPA guidance. 

DATES: Comments must be received on 

or before August 30, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2012–0448 by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–RDS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2012–0448’’ 

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: Lynorae 

Benjamin, Chief, 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 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2012– 

0448.’’ 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 


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45308 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

1Effective July 20, 2012, EPA designated 15 

counties in the Atlanta metropolitan area as a 

marginal nonattainment area for the 2008 8-hour 

ozone NAAQS. Today’s proposed action regarding 

RACT is not related to requirements for the 2008 

8-hour ozone NAAQS. 

2On July 18, 1997, EPA promulgated a revised 8- 

hour ozone NAAQS of 0.08 parts per million—also 

referred to as the 1997 8-hour ozone NAAQS. On 

April 30, 2004, EPA designated areas as 

unclassifiable/attainment, nonattainment and 

unclassifiable for the 1997 8-hour ozone NAAQS. 

In addition, on April 30, 2004, as part of the 

framework to implement the 1997 8-hour ozone 

NAAQS, EPA promulgated an implementation rule 

in two phases (Phase I and II). The Phase I Rule 

(effective on June 15, 2004), provided the 

implementation requirements for designated areas 

under subpart 1 and subpart 2 of the CAA. See 69 

FR 23951. EPA’s Phase II Rule, finalized on 

November 29, 2005, addressed control and planning 

requirements as they applied to areas designated 

nonattainment for the 1997 8-hour ozone NAAQS 

such as RACT, RACM, reasonable further progress, 

modeling and attainment demonstrations, new 

source review, and the impact to reformulated gas 

for the 1997 8-hour ozone NAAQS transition. See 

70 FR 71612. 

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 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 to 4:30, 

excluding federal holidays. 

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. Ms. 

Spann may be reached by phone at (404) 

562–9029, or via electronic mail at 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of the State’s Submittals 

III. Effect of this Proposed Action 

IV. Proposed Action 

V. Statutory and Executive Order Reviews 

I. Background 

On April 30, 2004, EPA designated 

the Atlanta Area as a marginal 

nonattainment area with respect to the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS). See 69 FR 

23858. The Atlanta Area includes the 

following 20 counties: Barrow, Bartow, 

Carroll, Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding 

and Walton.1 For background purposes, 

portions of the Atlanta Area were 

designated as a severe nonattainment 

area for the 1-hour ozone NAAQS. The 

area was subsequently redesignated to 

attainment for the 1-hour ozone 

standard with a maintenance plan. The 

original Atlanta 1-hour severe ozone 

nonattainment area consisted of 13 

counties including Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, 

Paulding and Rockdale. See 56 FR 

56694 (November 6, 1991). As such, 

major sources in the 13-county 1-hour 

ozone nonattainment area were defined 

as those sources that emit 25 tpy or 

more of VOC or NOX. Therefore, the 

applicability of some of the rules being 

approved in today’s action is for 25 tpy 

and above for sources in the 13 county 

area that was severe for the 1-hour 

ozone NAAQS and moderate for the 

1997 8-hour ozone NAAQS; and 100 tpy 

and above in the remaining 7 counties 

that have only been classified as 

moderate for the 1997 8-hour ozone 

NAAQS. On March 6, 2008, EPA 

reclassified the Atlanta Area from a 

marginal ozone nonattainment area to a 

moderate ozone nonattainment area. As 

a result of this designation and 

subsequent reclassification to moderate, 

Georgia was required to amend its SIP 

for the Atlanta Area to satisfy the 

requirements for a moderate area under 

section 182 of the Clean Air Act (CAA 

or Act). 

A. Statutory Requirements 

Section 182(b)(2) of the CAA requires 

states to adopt RACT rules for all areas 

designated nonattainment for ozone and 

classified as moderate or above. The 

three parts of the section 182(b)(2) 

RACT requirements are: (1) RACT for 

sources covered by an existing CTG (i.e., 

a CTG issued prior to enactment of the 

1990 amendments to the CAA); (2) 

RACT for sources covered by a postenactment CTG; and (3) all major 

sources not covered by a CTG (i.e., nonCTG sources). Pursuant to 40 CFR 

51.165, a major source for a moderate 

ozone area is a source that emits 100 

tons per year (tpy) or more of VOC or 

NOX. 

A CTG is a guidance document issued 

by EPA which, as a result of CAA 

section 182(b)(2), triggers a 

responsibility for states to submit, as 

part of their SIPs, RACT rules for 

stationary sources of VOC that are 

covered by the CTG. EPA defines RACT 

as ‘‘the lowest emission limit that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 

technological and economic feasibility.’’ 

See 44 FR 53761, (September 17, 1979). 

Each CTG includes a ‘‘presumptive 

norm’’ or ‘‘presumptive RACT’’ that 

EPA believes satisfies the definition of 

RACT. 

If a state submits a RACT rule that is 

consistent with presumptive RACT, the 

state does not need to submit additional 

support to demonstrate that the rule 

meets the CAA’s RACT requirement. 

However, if the state decides to submit 

an alternative emission limit or level of 

control for a source or source category 

for which there is a presumptive RACT, 

the state must submit independent 

documentation as to why the rule meets 

the statutory RACT requirement. As 

mentioned above, section 182(b)(2) of 

the CAA addresses moderate and above 

areas for the 1-hour ozone standard. 

Further clarification of the RACT 

requirements for areas classified as 

moderate or above for the 1997 8-hour 

ozone NAAQS is provided in EPA’s 

regulations.2 See 40 CFR 51.912. 

The CTG established by EPA are 

guidance to the states and only provide 

recommendations. A state can develop 

its own strategy for what constitutes 

RACT for the various CTG categories, 

and EPA will review that strategy in the 

context of the SIP process and 

determine whether it meets the RACT 

requirements of the CAA and its 

implementing regulations. If no major 

sources of VOC or NOX 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. 

In addition, section 183(e) of the CAA 

directs EPA to: (1) List for regulation 


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3 Georgia met some of the Group I CTG 

requirements through SIP revisions submitted to 

EPA prior to November 13, 1992. 

those categories of products that 

account for at least 80 percent of the 

VOC emissions, on a reactivity-adjusted 

basis, from consumer and commercial 

products in ozone nonattainment areas; 

and (2) divide the list of categories to be 

regulated into four groups. EPA 

published the initial list, following the 

1990 CAA Amendments, in the Federal 

Register on March 23, 1995 (60 FR 

15264), and has revised the list several 

times. See 71 FR 28320 (May 16, 2006), 

70 FR 69759 (November 17, 2005), 64 

FR 13422 (March 18, 1999), 63 FR 48792 

(September 11, 1998). As authorized by 

CAA section 183(e)(3)(C), EPA chose to 

issue CTG in lieu of regulations for each 

listed product category. See 73 FR 

58481 (October 7, 2008) (Group IV 

CTG); 72 FR 57215 (October 9, 2007) 

(Group III CTG); and 71 FR 58745 

(October 5, 2006) (Group II CTG). 

B. Regulatory Schedule for 

Implementing CTG 

CTG categories that were established 

in 1978 ultimately were required to be 

adopted by the states by 1990 (see 

schedule below for details). CAA 

section 182(b)(2) provides that a CTG 

issued after 1990 must specify the date 

by which a state must submit a SIP 

revision in response to the CTG. States 

were required to have the pre-1990 CAA 

CTG categories and post-1990 CAA CTG 

categories for applicable areas addressed 

in their SIPs according to the following 

schedule: 

Group Federal Register published SIP due 

I ................ Pre-1990 CAA Amendment CTG. As of 

January 1978 the first 15 CTG categories were established. Ten additional 

CTG categories were issued in 1978 (1 

of those (vegetable oil) was rescinded).

Pre-CAA Amendment CTG. The first 25 CTG categories were due to be adopted by 

the states by 1980. EPA initially approved most of these rules into the state SIPs. 

Subsequently, EPA reviewed these state rules to see if they were technically adequate and if they met national standards for national consistency. Based on this review, EPA issued the RACT fix-ups in 1987 (See general preamble (57 FR 13498, 

April 16, 1992)). In 1988, EPA published a technical document to address technical 

inadequacies found in these state adopted rules and to address minimum standards of national consistency. States were required to adopt revised rules by 1990. 

Congress established CTG statutory requirements in the 1990 CAA Amendments. 

Outstanding CTG requirements were due in 1992 (CAA Section 182(b)(2)(C)). 

Post-1990 CAA Amendment CTG. The 

group of CTG established in 60 FR 

15264, March 23, 1995, were broken 

into subsets called ‘‘Group I, II, III and 

IV’’ (some of these CTG are updates of 

previously established CTG)).

September 15, 2006 (40 CFR 51.912, RACT SIPs due for the 1997 8-hour ozone 

NAAQS). 

II ............... 71 FR 58745, October 5, 2006 .................. October 5, 2007. 

III .............. 72 FR 57215, October 9, 2007 .................. October 9, 2008. 

IV .............. 73 FR 58481, October 7, 2008 .................. October 7, 2009. 

II. Analysis of the State’s Submittals 

On November 13, 1992, October 21, 

2009, and March 19, 2012, GA EPD 

submitted final SIP revisions to EPA for 

review and approval into the Georgia 

SIP. On July 19, 2012, GA EPD 

submitted a draft SIP revision to EPA for 

review and approval through parallel 

process. In the alternative to proposing 

approval of Georgia’s July 19, 2012, 

draft SIP revision, EPA is proposing to 

conditionally approve Georgia’s July 19, 

2012, SIP revisions. These four SIP 

revisions comprehensively address all 

of the remaining CTG related 

requirements for the Atlanta Area 3 and 

revise Georgia’s rules to address the 

VOC and NOX RACT provisions for 

major sources. 

Georgia’s SIP revisions include 

changes made by the State of Georgia to 

its Air Quality Rules, found at Chapter 

391–3–1, and include revisions to GA 

EPD’s VOC and NOX rules, including its 

VOC and NOX RACT requirements. 

Georgia’s VOC and NOX rules for the 

Atlanta Area are being approved, as they 

are consistent with the CAA, and EPA 

VOC and NOX RACT guidance 

including CTG guidance. A brief 

description of the rule changes that GA 

EPD submitted and that EPA is 

approving through this action is 

provided below. 

A. Summary of the November 13, 1992, 

SIP Submittal 

On November 13, 1992, the State of 

Georgia submitted a SIP revision to 

clarify compliance options and specify 

solids equivalent limits for certain CTG 

source categories in order to meet EPA 

requirements. This revision was 

originally submitted to address the 1- 

hour ozone nonattainment area 

requirements. EPA is now proposing to 

approve the revisions included as part 

of the November 13, 1992, SIP revision. 

A portion of the November 13, 1992, SIP 

revision was previously acted on in a 

Federal Register notice dated March 8, 

1995 (60 FR 12688). A portion of the 

November 13, 1992, SIP revision was 

withdrawn. Rule 391–3–1–.02(2)(tt) and 

Rule 391–3–1–.02(2)(yy) were originally 

submitted in the November 13, 1992, 

submittal but GA EPD submitted a 

December 22, 1997, letter and a 

subsequent February 27, 2012, letter 

clarifying that GA EPD withdrew Rule 

391–3–1–.02(2)(tt) and Rule 391–3–1– 

.02(2)(yy) from the November 13, 1992, 

submittal. The following remaining rule 

changes from the 1992 SIP revision, 

supplemented by the October 21, 2009, 

SIP revisions, are being approved in 

today’s rulemaking, and address the 

Group I CTG related to certain surface 

coating methods. See section B of this 

rulemaking for a summary of the 

October 21, 2009, SIP revisions. 

Specifically, Georgia’s Rule 391–3–1– 

.02(2)(u) addresses the control of VOC 

emissions from can coating operations 

located in the Atlanta Area; Rule 391– 

3–1–.02(2)(v) addresses the control of 

VOC emissions from coil coating 

operations located in the Atlanta Area; 

Rule 391–3–1–.02(2)(x) addresses the 

control of VOC emissions from fabric 

and vinyl coating operations located in 

the Atlanta Area; and Rule 391–3–1– 

.02(2)(aa) addresses the control of VOC 

emissions from wire coating operations 

located in the Atlanta Area. 

Additionally, there were five other 

rules, intended to address Group I CTG 

related to additional surface coating 

methods, flat wood paneling and 

graphic arts systems, included in the 

November 13, 1992, SIP revision. 

Specifically, Georgia’s Rule 391–3–1– 


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.02(2)(w) addresses the control of VOC 

emissions from paper coating operations 

located in the Atlanta Area; Rule 391– 

3–1–.02(2)(y) addresses the control of 

VOC emissions from metal furniture 

coating operations located in the Atlanta 

Area; Rule 391–3–1–.02(2)(z) addresses 

the control of VOC emissions from large 

appliance surface coating operations 

located in the Atlanta Area; Rule 391– 

3–1–.02(2)(jj) addresses the control of 

VOC emissions from flat wood paneling 

operations located in the Atlanta Area; 

and Rule 391–3–1–.02(2)(mm) addresses 

the control of VOC emissions from 

graphic arts systems operations located 

in the Atlanta Area. On March 19, 2012, 

Georgia updated rules 391–3–1– 

.02(2)(w), 391–3–1–.02(2)(y), 391–3–1– 

.02(2)(z), 391–3–1–.02(2)(jj), and 391–3– 

1–.02(2)(mm). Today, EPA is proposing 

to take action on the versions of these 

rules that were submitted in the March 

19, 2012, SIP revision. See Section C for 

a summary of the March 19, 2012, SIP 

revision. 

B. Summary of the October 21, 2009, 

SIP Submittals 

Georgia submitted three SIP revisions 

dated October 21, 2009. 

• ‘‘October 21, 2009, Submittal A’’ 

consists of the Atlanta Area Attainment 

Demonstration SIP, the Atlanta Area 

RACT SIP and the Atlanta Area 

Reasonable Further Progress SIP. 

Today’s action only addresses the 

Atlanta Area RACT SIP portion of 

October 21, 2009, Submittal A. The 

RACT SIP portion states ‘‘A majority of 

VOC provisions in Georgia Rule 391–3– 

1–.02(2) apply statewide based on 

county-specific VOC emission 

thresholds. The applicability of the VOC 

provisions that do not apply statewide 

have been extended to the additional 7 

counties that make up the metro Atlanta 

non-attainment area. In addition, these 

VOC provisions apply year-round. The 

applicable NOX rules already applied to 

the 7 additional counties and no change 

is being implemented at this time and 

they apply May 1 through September 

31.’’ The submittal then provides a 

comprehensive list of regulations that 

were originally submitted November 13, 

1992. 

• ‘‘October 21, 2009, Submittal B’’ 

includes rule revisions that apply to the 

Atlanta Area, with state effective dates 

of June 8, 2008. It includes changes to 

12 RACT rules including: (1) six VOC 

CTG RACT rules; (2) two VOC RACT 

rules; (3) two NOX RACT rules; (4) a 

rule for VOC emissions from major 

sources; and (5) a rule for NOX

emissions from major sources. 

• ‘‘October 21, 2009, Submittal C’’ 

includes rule revisions that apply to the 

Atlanta Area, with state effective dates 

of April 12, 2009. It includes changes to 

eight RACT rules including: (1) Four 

VOC CTG RACT rules; (2) two VOC 

RACT rules; and (3) two NOX RACT 

rules. This submittal revises seven of 

the rules contained in the ‘‘October 21, 

2009, Submittal B’’ SIP revision. 

As mentioned above in section II.A., 

of this rulemaking, the following rule 

changes from Georgia’s November 1992 

SIP revision, as supplemented by the 

October 21, 2009, SIP revisions, 

addressed Group I CTG: Rule 391–3–1– 

.02(2)(u), Rule 391–3–1–.02(2)(v), Rule 

391–3–1–.02(2)(w), Rule 391–3–1– 

.02(2)(x), Rule 391–3–1–.02(2)(y), Rule 

391–3–1–.02(2)(z), Rule 391–3–1– 

.02(2)(aa), Rule 391–3–1–.02(2)(jj) and 

Rule 391–3–1–.02(2)(mm). The October 

21, 2009, Submittal B SIP revision also 

included Rule 391–3–1–.02(2)(pp), Rule 

391–3–1–.02(2)(rr), Rule 391–3–1– 

.02(2)(ss), Rule 391–3–1–.02(2)(tt), Rule 

391–3–1–.02(2)(vv), Rule 391–3–1– 

.02(2)(yy), Rule 391–3–1–.02(2)(ccc), 

Rule 391–3–1–.02(2)(ddd), Rule 391–3– 

1–.02(2)(eee), Rule 391–3–1–.02(2)(hhh), 

Rule 391–3–1–.02(2)(lll) and Rule 391– 

3–1–.02(2)(rrr). The state effective date 

of these rule revisions was June 8, 2008. 

The October 21, 2009, Submittal C SIP 

revision subsequently revised Rule 391– 

3–1–.02(2)(vv), Rule 391–3–1– 

.02(2)(ccc), Rule 391–3–1–.02(2)(ddd), 

Rule 391–3–1–.02(2)(eee), Rule 391–3– 

1–.02(2)(hhh), Rule 391–3–1–.02(2)(lll) 

and Rule 391–3–1–.02(2)(rrr) with a 

state effective date of April 12, 2009. In 

addition, the October 21, 2009, 

Submittal C SIP revision revised Rule 

391–3–1–.02(2)(kkk). On March 19, 

2012, Georgia later updated Rule 391–3– 

1–.02(2)(w), Rule 391–3–1–.02(2)(y) and 

Rule 391–3–1–.02(2)(z) to incorporate 

the requirements of CAA Section 

182(b)(2)(A) for the Group III CTG. On 

March 19, 2012, Georgia also updated 

Rule 391–3–1–.02(2)(jj), Rule 391–3–1– 

.02(2)(mm) and Rule 391–3–1– 

.02(2)(ddd) to incorporate the 

requirements of CAA Section 

182(b)(2)(A) for the Group II CTG. 

Today, EPA is proposing to take action 

on the version of this rule that was 

submitted in the March 19, 2012, SIP 

revision. See section C of this 

rulemaking for a summary of the March 

19, 2012, SIP revision. 

C. Summary of the March 19, 2012, SIP 

Submittal 

Georgia’s March 19, 2012, SIP 

revision applies to the 20 county 

Atlanta Area. EPA is proposing to 

approve the March 19, 2012, SIP 

revision in its entirety. The rule 

additions and amendments included in 

the March 19, 2012, SIP revision are 

listed below and grouped by pertinent 

CTG: 

• Rule 391–3–1–.01 ‘‘Definitions’’ 

• Rule 391–3–1–.02(2)(a)6 ‘‘General 

Provisions, VOC Emission Standards, 

Exemptions, Area Designations, 

Compliance Schedules and Compliance 

Determinations’’ 

• Group II CTG (71 FR 58745, October 

5, 2006) 

—Rule 391–3–1–.02(2)(jj) ‘‘VOC 

Emissions from Surface Coating of 

Flat Wood Paneling’’ 

—Rule 391–3–1–.02(2)(mm) ‘‘VOC 

Emissions from Graphic Arts 

Systems’’ 

—Rule 391–3–1–.02(2)(ddd) ‘‘Volatile 

Organic Compound Emissions from 

Offset Lithography and Letterpress’’ 

—Rule 391–3–1–.02(2)(aaaa) ‘‘Industrial 

Cleaning Solvents’’ 

• Group III CTG (72 FR 57215, 

October 9, 2007) 

—Rule 391–3–1–.02(2)(w) ‘‘VOC 

Emissions from Paper Coating’’ 

—Rule 391–3–1–.02(2)(y) ‘‘VOC 

Emissions from Metal Furniture 

Coating’’ 

—Rule 391–3–1–.02(2)(z) ‘‘VOC 

Emissions from Large Appliance 

Surface Coating’’ 

• Group IV CTG (73 FR 58481, 

October 7, 2008) 

—Rule 391–3–1–.02(2)(t) ‘‘VOC 

Emissions from Automobile and 

Light-Duty Truck Manufacturing’’ 

—Rule 391–3–1–.02(2)(ii) ‘‘VOC 

Emissions from Surface Coating of 

Miscellaneous Metal Parts and 

Products’’ 

—Rule 391–3–1–.02(2)(vvv) ‘‘VOC 

Emissions from Surface Coating of 

Miscellaneous Plastic Parts and 

Products’’ 

—Rule 391–3–1–.02(2)(yyy) ‘‘VOC 

Emissions from the Use of 

Miscellaneous Industrial Adhesives’’ 

—Rule 391–3–1–.02(2)(zzz) ‘‘VOC 

Emissions from the Fiberglass Boat 

Manufacturing’’ including a negative 

declaration regarding the Pleasure 

Craft Coating Operations emission 

standard contained in the Group IV 

CTG 

For each of the above March 19, 2012, 

SIP revision CTG related rule additions 

or changes, the SIP revision contains: 

• New emission standards and/or 

work practice standards consistent with 

those in the new or revised CTG. Where 

existing emission limits were more 

stringent than the CTG, GA EPD 

maintained the existing provisions from 

the previous CTG. For Pleasure Craft 

Coating Operations, Georgia submitted a 

negative declaration, affirming that 

there are no sources applying coatings 

to pleasure craft in the Atlanta Area; 


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4On January 16, 2012, EPA was sued in federal 

court for failure to take action on certain Georgia 

SIP revisions, including certain revisions regarding 

RACT requirements for the Atlanta Area. EPA 

intends to take action on the pertinent RACT 

related submittals by September 14, 2012. 

• New and revised definitions 

consistent with those in the CTG; 

• A schedule for submitting permit 

applications, completing construction, 

and full compliance for any 

modifications necessary for a facility to 

comply with the new requirements; and 

• Modifications to the applicability 

requirements clarifying which standards 

remain in effect until January 1, 2015, 

which standards become applicable on 

January 1, 2015, and what requirements 

are applicable after January 1, 2015. 

D. Summary of the July 19, 2012, Draft 

SIP Submittal 

On July 19, 2012, GA EPD submitted 

a draft SIP revision, for parallel 

processing, to apply the appropriate 

thresholds and applicability for certain 

CTG categories and RACT requirements 

for the 7 counties that were not a part 

of the original 1-hour ozone 

nonattainment area for Atlanta. In order 

to ensure that EPA can timely 4 take 

final action on today’s proposed 

approval, EPA is proposing alternative 

actions with regard to the July 19, 2012, 

draft SIP revision. Because that revision 

was submitted in draft form, for parallel 

processing, EPA is today both proposing 

to approve the revision and 

alternatively, proposing to conditionally 

approve the revision based on Georgia’s 

commitment to provide EPA with a 

revision within one year of final action 

on the conditional approval. Should 

EPA timely receive from Georgia the 

final version of the draft July 19, 2012, 

SIP revision, EPA will take final action 

to approve that revision. If, however, 

Georgia is unable to timely provide EPA 

with the final SIP revision, EPA will 

take final action on the conditional 

approval being proposed today. In either 

situation, EPA intends to take final 

action on the RACT SIP revisions 

provided by Georgia for the Atlanta 

Area. 

Specifically, in the July 19, 2012, draft 

SIP revision, GA EPD revised Rule 391– 

3–1–.02(2)(a)(6) addressing the 

applicability thresholds for Barrow, 

Bartow, Carroll, Hall, Newton, Spalding 

and Walton Counties for the following 

CTG categories and RACT requirements: 

• Rule 391–3–1–.02(2)(u) VOC 

Emissions from Can Coating; 

• Rule 391–3–1–.02(2)(v) VOC 

Emissions from Coil Coating; 

• Rule 391–3–1–.02(2)(x) VOC 

Emissions from Fabric and Vinyl 

Coating; 

• Rule 391–3–1–.02(2)(aa) VOC 

Emissions from Wire Coating; 

• Rule 391–3–1–.02(2)(bb) Petroleum 

Liquid Storage; 

• Rule 391–3–1–.02(2)(cc) Bulk 

Gasoline Terminals; 

• Rule 391–3–1–.02(2)(dd) Cutback 

Asphalt; 

• Rule 391–3–1–.02(2)(ee) Petroleum 

Refinery; 

• Rule 391–3–1–.02(2)(ff) Solvent 

Metal Cleaning; 

• Rule 391–3–1–.02(2)(hh) Petroleum 

Refinery Equipment Leaks; 

• Rule 391–3–1–.02(2)(kk) VOC 

Emissions from Synthesized 

Pharmaceutical Manufacturing; 

• Rule 391–3–1–.02(2)(ll) VOC 

Emissions from the Manufacture of 

Pneumatic Rubber Tires; 

• Rule 391–3–1–.02(2)(nn) VOC 

Emissions from External Floating Roof 

Tanks; 

• Rule 391–3–1–.02(2)(qq) VOC 

Emissions from Large Petroleum Dry 

Cleaners; 

The July 19, 2012, draft SIP revision, 

also included a revision to Rule 391–3– 

1–.02(2)(kkk) VOC Emissions from 

Aerospace Manufacturing and Rework 

Facilities which addresses the 

applicability thresholds for Barrow, 

Bartow, Carroll, Hall, Newton, Spalding 

and Walton Counties. 

As mentioned above, on July 19, 2012, 

the State of Georgia, through GA EPD, 

submitted a request for parallel 

processing of a draft SIP revision that 

the State is taking through public 

comment. GA EPD requested parallel 

processing so that EPA could begin to 

take action on its draft SIP revision in 

advance of the State’s submission of the 

final SIP revision. Consistent with EPA 

regulations found at 40 CFR Part 51, 

Appendix V, section 2.3.1, for purposes 

of expediting review of a SIP submittal, 

parallel processing allows a state to 

submit a plan to EPA prior to actual 

adoption by the state. Generally, the 

state submits a copy of the proposed 

regulation or other revisions to EPA 

before conducting its public hearing. 

EPA reviews this proposed state action, 

and prepares a notice of proposed 

rulemaking. EPA’s notice of proposed 

rulemaking is published in the Federal 

Register during the same time frame 

that the state is holding its public 

process. The state and EPA then provide 

for concurrent public comment periods 

on both the state action and federal 

action. 

If the revision that is finally adopted 

and submitted by the State is changed 

in aspects other than those identified in 

the proposed rulemaking on the parallel 

process submission, EPA will evaluate 

those changes and if necessary and 

appropriate, issue another notice of 

proposed rulemaking. The final 

rulemaking action by EPA will occur 

only after the SIP revision has been 

adopted by the State and submitted 

formally to EPA for incorporation into 

the SIP. As stated above, the final 

rulemaking action by EPA will occur 

only after the SIP revision has been: (1) 

Adopted by Georgia, (2) submitted 

formally to EPA for incorporation into 

the SIP; and (3) evaluated by EPA, 

including any changes made by the 

State after the July 19, 2012, draft SIP 

revision is submitted to EPA. 

As explained earlier, in the 

alternative, EPA is also proposing 

conditional approval of Georgia’s July 

19, 2012, draft SIP revision, in order to 

ensure that EPA can take timely action 

to act on Georgia’s RACT related 

revisions for the Atlanta Area. On July 

19, 2012, Georgia submitted a 

commitment letter to provide EPA a SIP 

revision to address the appropriate 

thresholds and applicability for certain 

CTG categories and RACT requirements 

(listed above) for the 7 counties that are 

in the Atlanta Area but were not a part 

of the original 1-hour ozone 

nonattainment area for Atlanta. Georgia 

requested conditional approval of the 

CTG categories and RACT requirements 

until such time (within a year) that the 

State could submit a SIP revision to 

fully address these requirements. The 

State requested conditional approval in 

coordination with the July 19, 2012, 

draft SIP revision that the State has out 

for public comment, and requested 

conditional approval in the event that 

EPA had to take action on the CTG and 

RACT requirements for Georgia in 

advance of receipt of a final submission. 

A copy of Georgia’s commitment letter 

is provided in the docket at EPA–R04– 

OAR–2012–0448 for today’s proposed 

rulemaking. 

E. List of Rules Being Approved Into the 

SIP 

Below summarizes the specifics of 

each rule being proposed for approval in 

today’s action. 

a. Definitions and CTG Related Rules 

1. Rule 391–3–1–.01, ‘‘Definitions’’ 

Revisions to this rule were state 

effective June 8, 2008, and submitted to 

EPA on June 25, 2008, for SIP approval. 

EPA approved the June 25, 2008, 

revisions into the SIP on June 11, 2009 

(74 FR 27713). Subsequently, this rule 

was revised on March 7, 2012, to update 

the definition of Georgia Department of 

Natural Resources ‘‘Procedures for 

Testing and Monitoring Sources of Air 

Pollutants,’’ (PTM) to reference the most 


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5Under Section 107(d)(1)(C) of the CAA, each 

ozone area designated nonattainment for the 1-hour 

ozone NAAQS prior to the enactment of the 1990 

CAA Amendments, such as the Atlanta Area, was 

designated by operation of law upon the 1990 CAA 

Amendments. Under Section 181(a) of the CAA, 

each ozone area designated under section 107(d) 

was also classified by operation of law as 

‘‘marginal,’’ ‘‘moderate,’’ ‘‘serious,’’ ‘‘severe,’’ or 

‘‘extreme,’’ depending on the severity of the area’s 

air quality problem. The original Atlanta 1-hour 

severe ozone nonattainment area, (See 56 FR 56694, 

November 6, 1991), consisted of the 13 counties of 

Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding 

and Rockdale. When the Atlanta Area was 

designated nonattainment for the 1997 8-hour 

ozone NAAQS, the Area included the previous 1- 

hour area counties, and an additional seven 

counties to make the 20 county Atlanta Area. 

recent, October 11, 2011, version of the 

PTM. It was submitted for SIP approval 

on March 19, 2012, and EPA is 

proposing to approve into the SIP the 

March 19, 2012, version of Rule 391–3– 

1–.01, ‘‘Definitions.’’ 

2. Rule 391–3–1–.02(2)(a)6, ‘‘General 

Provisions, VOC Emission Standards, 

Exemptions, Area Designations, 

Compliance Schedules and Compliance 

Determinations’’ 

VOC emission standards are required 

for all CTG source category sources in 

the 20 county Atlanta Area. Revisions to 

this rule were state effective June 8, 

2008, and submitted to EPA on June 25, 

2008, for SIP approval. EPA approved 

the June 25, 2008, revisions into the SIP 

on June, 11, 2009 (74 FR 27713). 

Subsequently, on March 7, 2012, 

Georgia updated the applicability 

requirements regarding these sources. 

The March 7, 2012, changes were 

submitted to EPA on March 19, 2012, 

for SIP approval. These changes remove 

the reference to Rules 391–3–1–.02(2)(t), 

(w), (y), (z), (ii), (jj), and (mm) from the 

applicability provisions in 

subparagraphs 391–3–1–.02(2)(a)6(i)(I). 

Georgia updated its applicability 

requirements again and submitted a 

draft SIP revision on July 19, 2012. 

These changes expanded the 

applicability to the entire 20 county 

Atlanta Area for Rules 391–3–1– 

.02(2)(u), (v), (x), (aa), (bb), (cc), (dd), 

(ee), (ff), (hh), (kk), (ll), (nn) and (qq). 

EPA is proposing to approve into the 

SIP the March 19, 2012, version of Rule 

391–3–1–.02(2)(a)6, ‘‘General 

Provisions, VOC Emission Standards, 

Exemptions, Area Designations, 

Compliance Schedules and Compliance 

Determinations.’’ EPA is also proposing 

to approve Georgia’s rule changes 

submitted on July 19, 2012, for parallel 

processing. In the alternative to 

proposing approval of Georgia’s July 19, 

2012, draft SIP revision, EPA is 

proposing to conditionally approve 

Georgia’s July 19, 2012, SIP revisions. 

3. Rule 391–3–1–.02(2)(t) ‘‘VOC 

Emissions From Automobile and LightDuty Truck Manufacturing’’ 

In May 1977, EPA issued a CTG 

document (1977 CTG) for controlling 

VOC emissions from surface coating of 

automobiles and light-duty trucks. On 

October 7, 2008 (73 FR 58481), EPA 

updated the 1977 CTG, as part of Group 

IV CTG, addressing the control of VOC 

emissions from automobile and lightduty truck manufacturing. On January 3, 

1991, April 3, 1991, and September 30, 

1991, GA EPD corrected VOC RACT 

deficiencies for a number of rules 

including Rule 391–3–1–.02(2)(t) ‘‘VOC 

Emissions from Automobile and LightDuty Truck Manufacturing.’’ EPA 

approved these 1991 revisions into the 

SIP on October 13, 1992 (57 FR 46780). 

Subsequent revisions made to GA EPD’s 

VOC Emissions from Automobile and 

Light-Duty Truck Manufacturing rule 

were state effective on December 20, 

1994, and submitted to EPA for SIP 

approval. EPA approved this 1994 rule 

into the SIP on February 2, 1996. See 61 

FR 3817). 

Revisions to the rule were then made 

to address this CTG source category for 

the entire 20 county Atlanta Area and 

made state effective on March 7, 2012. 

GA EPD submitted the March 7, 2012, 

revisions to EPA on March 19, 2012. 

EPA has reviewed Georgia’s revised rule 

and preliminarily determined that 

Georgia’s rule is consistent with the 

Group IV CTG for VOC emissions from 

automobile and light-duty truck 

manufacturing. EPA is therefore 

proposing to approve Georgia’s rule, 

submitted on March 19, 2012, regarding 

VOC emissions from automobile and 

light-duty truck manufacturing. 

4. Rule 391–3–1–.02(2)(u) ‘‘VOC 

Emissions From Can Coating’’ 

In May 1977, EPA established a CTG 

addressing the control of VOC emissions 

from can coating operations. On January 

3, 1991, April 3, 1991, and September 

30, 1991, GA EPD corrected VOC RACT 

deficiencies for a number of rules 

including Rule 391–3–1–.02(2)(u) ‘‘VOC 

Emissions from Can Coating.’’ EPA 

approved these 1991 revisions into the 

SIP on October 13, 1992 (57 FR 46780). 

On November 13, 1992, GA EPD 

submitted a SIP revision to address this 

CTG source category for the 13 county 

Atlanta 1-hour ozone nonattainment 

area. Subsequently, through the October 

21, 2009, ‘‘Submittal A’’ SIP revision, 

and the draft July 19, 2012, SIP revision 

the applicability of these rules was 

extended to include the 20 county 

Atlanta Area.5 The July 19, 2012, SIP 

revision revised Rule 391–3–1– 

.02(2)(a)(6) ‘‘General Provisions, VOC 

Emission Standards, Exemptions, Area 

Designations, Compliance Schedules 

and Compliance Determinations’’ which 

affected the applicability for Rule 391– 

3–1–.02(2)(u) ‘‘VOC Emissions from Can 

Coating.’’ 

The purpose of Georgia’s rule is to 

control VOC emissions from can coating 

operations located in the Atlanta Area. 

GA EPD’s Rule 391–3–1–.02(2)(u) ‘‘VOC 

Emissions from Can Coating’’ was 

changed to clarify compliance options 

and to specify solids equivalent limits to 

be used as a compliance option. EPA 

has reviewed Georgia’s rule changes, 

submitted on November 13, 1992, and 

in the October 21, 2009, Submittal A SIP 

revision and has preliminarily 

determined that these changes are 

consistent with EPA RACT guidance 

and EPA’s CTG for Can Coatings, and 

these changes are therefore proposed for 

approval. EPA is also proposing to 

approve Georgia’s rule changes 

submitted on July 19, 2012, for parallel 

processing and in alternative, proposing 

conditional approval of Georgia’s July 

19, 2012, draft SIP revision. 

5. Rule 391–3–1–.02(2)(v) ‘‘VOC 

Emissions From Coil Coating’’ 

In May 1977, EPA established a CTG 

addressing the control of VOC emissions 

from coil coating operations. On January 

3, 1991, April 3, 1991, and September 

30, 1991, GA EPD corrected VOC RACT 

deficiencies for a number of rules 

including Rule 391–3–1–.02(2)(v) ‘‘VOC 

Emissions from Coil Coating.’’ EPA 

approved these 1991 revisions into the 

SIP on October 13, 1992 (57 FR 46780). 

On November 13, 1992, GA EPD 

submitted a SIP revision to address this 

CTG source category for the 13 county 

Atlanta 1-hour ozone nonattainment 

area. Subsequently, through the October 

21, 2009, Submittal A SIP revision, and 

the draft July 19, 2012, SIP revision the 

applicability of these rules was 

extended to include the current 20 

county 1997 8-hour Atlanta ozone 

nonattainment area. The July 19, 2012, 

SIP revision revised Rule 391–3–1– 

.02(2)(a)(6) ‘‘General Provisions, VOC 

Emission Standards, Exemptions, Area 

Designations, Compliance Schedules 

and Compliance Determinations’’ which 

affected the applicability for Rule 391– 

3–1–.02(2)(v) ‘‘VOC Emissions from Coil 

Coating.’’ 

The purpose of Georgia’s rule is to 

control VOC emissions from coil coating 

operations located in the Atlanta Area. 

It was changed to clarify compliance 

options and to specify solids equivalent 

limits to be used as a compliance 

option. EPA has reviewed Georgia’s rule 

changes, submitted on November 13, 


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1992, and in the October 21, 2009, 

Submittal A SIP revision and has 

preliminarily determined that these 

changes are consistent with EPA RACT 

guidance and EPA’s CTG for Coil 

Coatings, and these changes are 

therefore proposed for approval. EPA is 

also proposing to approve Georgia’s rule 

changes submitted on July 19, 2012, for 

parallel processing. In the alternative, 

EPA is proposing to conditionally 

approve of Georgia’s July 19, 2012, draft 

SIP revision. 

6. Rule 391–3–1–.02(2)(w) ‘‘VOC 

Emissions From Paper Coating’’ 

In May 1977, EPA established a CTG 

addressing the control of VOC emissions 

from paper coating operations. On 

October 9, 2007 (73 FR 57215), EPA 

updated the 1977 CTG, as part of Group 

III CTG, addressing the control of VOC 

emissions from paper, film and foil 

coating operations. On January 3, 1991, 

April 3, 1991, and September 30, 1991, 

GA EPD corrected VOC RACT 

deficiencies for a number of rules 

including Rule 391–3–1–.02(2)(w) ‘‘VOC 

Emissions from Paper Coating.’’ EPA 

approved these 1991 revisions into the 

SIP on October 13, 1992 (57 FR 46780). 

Subsequent changes to this rule became 

state effective on September 16, 1992, 

and were submitted to EPA for SIP 

approval on November 13, 1992. At the 

time it was submitted it applied to the 

13 counties in the 1-hour ozone 

nonattainment area. Through the 

October 21, 2009, Submittal A SIP 

revision, the applicability of these rules 

was extended to include the current 20 

county Atlanta Area. The Georgia rule 

was changed again on March 7, 2012, to 

be consistent with EPA Group III CTG 

established October 9, 2007 (72 FR 

57215), and submitted to EPA for SIP 

approval on March 19, 2012. 

The purpose of this rule is to control 

VOC emissions from paper coating 

operations located in the Atlanta Area. 

It was changed to clarify compliance 

options and to specify solids equivalent 

limits to be used as a compliance 

option. Please see pages A–22 through 

A–25 of the March 19, 2012, submittal 

for the specific changes made to this 

rule. The Georgia submittal can be 

found in the docket at ‘‘EPA–R04–OAR– 

2012–0448’’ for today’s rulemaking. 

EPA has reviewed Georgia’s rule 

changes, which became state effective 

on March 7, 2012, and has preliminarily 

determined that these changes are 

consistent with EPA RACT guidance 

and Group III CTG for VOC emissions 

for Paper, Film and Foil Coatings, and 

these changes are therefore proposed for 

approval. 

7. Rule 391–3–1–.02(2)(x) ‘‘VOC 

Emissions From Fabric and Vinyl 

Coating’’ 

In May 1977, EPA established a CTG 

addressing the control of VOC emissions 

from fabric and vinyl coating 

operations. On January 3, 1991, April 3, 

1991, and September 30, 1991, GA EPD 

corrected VOC RACT deficiencies for a 

number of rules including Rule 391–3– 

1–.02(2)(x) ‘‘VOC Emissions from Fabric 

and Vinyl Coating.’’ EPA approved 

these 1991 revisions into the SIP on 

October 13, 1992 (57 FR 46780). On 

November 13, 1992, GA EPD submitted 

a SIP revision to address this CTG 

source category for the 13 county 

Atlanta 1-hour ozone nonattainment 

area. Subsequently, through the October 

21, 2009, Submittal A SIP revision, and 

the draft July 19, 2012, SIP revision, the 

applicability of Georgia’s rule was 

extended to include the 20 county 

Atlanta Area. The July 19, 2012, SIP 

revision revised Rule 391–3–1– 

.02(2)(a)(6) ‘‘General Provisions, VOC 

Emission Standards, Exemptions, Area 

Designations, Compliance Schedules 

and Compliance Determinations’’ which 

affected the applicability for Rule 391– 

3–1–.02(2)(x) ‘‘VOC Emissions from 

Fabric and Vinyl Coating.’’ 

The purpose of this rule is to control 

VOC emissions from fabric and vinyl 

coating operations located in the Atlanta 

Area. It was changed to clarify 

compliance options and to specify 

solids equivalent limits to be used as a 

compliance option. EPA has reviewed 

Georgia’s rule changes, and has 

preliminarily determined that these 

changes, submitted on November 13, 

1992, and in the October 21, 2009, 

Submittal A SIP revision, are consistent 

with EPA RACT guidance and EPA’s 

CTG for fabric and vinyl coatings, and 

these changes are therefore proposed for 

approval. EPA is also proposing to 

approve Georgia’s rule changes 

submitted on July 19, 2012, for parallel 

processing and in the alternative, 

proposing conditional approval of 

Georgia’s July 19, 2012, draft SIP 

revision. 

8. Rule 391–3–1–.02(2)(y) ‘‘VOC 

Emissions From Metal Furniture 

Coating’’ 

In June 1978, EPA established a CTG 

addressing the control of VOC emissions 

from Metal Furniture Coating. On 

October 9, 2007 (73 FR 57215), EPA 

updated the 1978 CTG, as part of Group 

III CTG, addressing control of VOC 

emissions from metal furniture coating 

operations. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1–.02(2)(y) 

‘‘VOC Emissions from Metal Furniture 

Coating.’’ EPA approved these 1991 

revisions into the SIP on October 13, 

1992 (57 FR 46780). Subsequent 

revisions to this rule became state 

effective on September 16, 1992, and 

were submitted to EPA for SIP approval 

on November 13, 1992. At the time it 

was submitted it applied to the 13 

counties in the Atlanta 1-hour ozone 

nonattainment area. Through the 

October 21, 2009, Submittal A SIP 

revision, the applicability of these rules 

was extended to include the 20 county 

Atlanta Area. The Georgia rule was 

changed again on March 7, 2012, to be 

consistent with EPA Group III CTG 

established October 9, 2007, (72 FR 

57215) and submitted to EPA for SIP 

approval on March 19, 2012. 

The purpose of this rule is to control 

VOC emissions from metal furniture 

coating operations located in the Atlanta 

Area. It was revised to clarify 

compliance options and to specify 

solids equivalent limits to be used as a 

compliance option. Please see pages A– 

25 through A–30 of the March 19, 2012, 

submittal for the specific changes made 

to this rule. The Georgia submittal can 

be found in the docket at ‘‘EPA–R04– 

OAR–2012–0448’’ for today’s 

rulemaking. EPA has reviewed Georgia’s 

rule changes, submitted on March 19, 

2012, and has preliminarily determined 

that these changes are consistent with 

EPA RACT guidance and Group III CTG 

VOC emissions for metal furniture 

coatings, and these changes are 

therefore proposed for approval. 

9. Rule 391–3–1–.02(2)(z) ‘‘VOC 

Emissions From Large Appliance 

Surface Coating’’ 

In May 1977, EPA established a CTG 

addressing the control of VOC emissions 

from large appliance surface coating 

operations. On October 9, 2007 (73 FR 

57215), EPA updated the 1977 CTG, as 

part of Group III CTG, addressing the 

control of VOC emissions from large 

appliance surface coating operations. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1–.02(2)(z) 

‘‘VOC Emissions from Large Appliance 

Surface Coating.’’ EPA approved these 

1991 revisions into the SIP on October 

13, 1992 (57 FR 46780). Subsequent 

revisions to this rule became state 

effective on September 16, 1992, and 

were submitted to EPA for SIP approval 

on November 13, 1992. At the time it 

was submitted it applied to the 13 

counties in the Atlanta 1-hour ozone 

nonattainment area. Subsequently, 


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through the October 21, 2009, Submittal 

A, SIP revision, the applicability of 

these rules was extended to include the 

20 county Atlanta Area. The Georgia 

rule was revised again on March 7, 

2012, to be consistent with EPA Group 

III CTG established October 9, 2007, (see 

72 FR 57215) and submitted to EPA for 

SIP approval on March 19, 2012. EPA is 

now approving into the SIP the rule 

submitted to EPA on March 19, 2012. 

The purpose of this rule is to control 

VOC emissions from large appliance 

surface coating operations located in the 

Atlanta Area. It was changed to clarify 

compliance options and to specify 

solids equivalent limits to be used as a 

compliance option. Please see pages A– 

30 through A–35 of the March 19, 2012, 

submittal for the specific changes made 

to this rule. The Georgia submittal can 

be found in the docket at ‘‘EPA–R04– 

OAR–2012–0448’’ for today’s 

rulemaking. EPA has reviewed Georgia’s 

rule changes in the March 19, 2012, 

submittal and has preliminarily 

determined that these changes are 

consistent with EPA RACT guidance 

and Group III CTG for VOC emissions 

for large appliance coatings, and these 

changes are therefore proposed for 

approval. 

10. Rule 391–3–1–.02(2)(aa) ‘‘VOC 

Emissions From Wire Coating’’ 

In May 1977, EPA established a CTG 

addressing the control of VOC emissions 

from magnet wire coating operations. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1–.02(2)(aa) 

‘‘VOC Emissions from Wire Coating.’’ 

EPA approved these 1991 revisions into 

the SIP on October 13, 1992 (57 FR 

46780). On November 13, 1992, GA EPD 

submitted a SIP revision to address this 

CTG source category for the 13 county 

Atlanta 1-hour ozone nonattainment 

area. Subsequently, through the October 

21, 2009, Submittal A SIP revision, and 

the draft July 19, 2012, SIP revision, the 

applicability of these rules was 

extended to include the 20 county 

Atlanta Area. The July 19, 2012, SIP 

revision revised Rule 391–3–1– 

.02(2)(a)(6) ‘‘General Provisions, VOC 

Emission Standards, Exemptions, Area 

Designations, Compliance Schedules 

and Compliance Determinations’’ which 

affected the applicability for Rule 391– 

3–1–.02(2)(aa) ‘‘VOC Emissions from 

Wire Coating.’’ 

The purpose of Georgia’s rule is to 

control VOC emissions from wire 

coating operations located in the Atlanta 

Area. It was changed to clarify 

compliance options and to specify 

solids equivalent limits to be used as a 

compliance option. EPA has reviewed 

Georgia’s rule changes, submitted on 

November 13, 1992, and in the October 

21, 2009, Submittal A SIP revision and 

has preliminarily determined that these 

changes are consistent with EPA RACT 

guidance and EPA’s CTG for wire 

coatings, and these changes are 

therefore proposed for approval. EPA is 

also proposing to approve Georgia’s rule 

changes submitted on July 19, 2012, for 

parallel processing. In the alternative, 

EPA is proposing to conditionally 

approve of Georgia’s July 19, 2012, draft 

SIP revision. 

11. Rule 391–3–1–.02(2)(ii) ‘‘VOC 

Emissions From Surface Coating of 

Miscellaneous Metal Parts and 

Products’’ 

In June 1978, EPA issued a CTG 

document to address the control of VOC 

emissions from surface coating of 

Miscellaneous Metal Parts and Products. 

On October 7, 2008 (73 FR 58481), EPA 

updated the 1978 CTG, as part of Group 

IV CTG, addressing the control of VOC 

emissions from surface coating of 

miscellaneous metal parts and products. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1–.02(2)(ii) 

‘‘VOC Emissions from Surface Coating 

of Miscellaneous Metal Parts and 

Products.’’ EPA approved these 1991 

revisions into the SIP on October 13, 

1992 (57 FR 46780). On October 28, 

1999, GA EPD submitted to EPA a 

revision to Rule 391–3–1–.02(2)(ii) 

‘‘VOC Emissions from Surface Coating 

of Miscellaneous Metal Parts and 

Products’’ and EPA approved this rule 

on July 10, 2001 (66 FR 35906). On 

March 19, 2012, GA EPD submitted 

another SIP revision revising Rule 391– 

3–1–.02(2)(ii) ‘‘VOC Emissions from 

Surface Coating of Miscellaneous Metal 

Parts and Products,’’ to address this 

CTG source category for the entire 20 

county Atlanta Area. 

The purpose of Georgia’s rule is to 

control VOC emissions from surface 

coating of miscellaneous metal parts 

and products operations located in the 

Atlanta Area. It was changed to clarify 

compliance options and to specify 

solids equivalent limits to be used as a 

compliance option. The changes set 

emissions limits and solids equivalent 

for various coating scenarios. Please see 

pages A–35 through A–44 of the March 

19, 2012, submittal for the specific 

changes made to this rule. The Georgia 

submittal can be found in the docket at 

‘‘EPA–R04–OAR–2012–0448’’ for 

today’s rulemaking. EPA has reviewed 

Georgia’s rule changes, submitted on 

March 19, 2012, and has preliminarily 

determined that these changes are 

consistent with EPA RACT guidance 

and Group IV CTG for VOC emissions 

for surface coating of miscellaneous 

metal parts and products, and these 

changes are therefore proposed for 

approval. 

12. Rule 391–3–1–.02(2)(jj) ‘‘VOC 

Emissions From Surface Coating of Flat 

Wood Paneling’’ 

In June 1978, EPA issued a CTG 

document to address the control of VOC 

emissions from surface coating of flat 

wood paneling. On October 5, 2006 (71 

FR 58745), EPA updated the 1978 CTG, 

as part of Group II CTG, addressing the 

control of VOC emissions from surface 

coating of flat wood paneling 

operations. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1-.02(2)(jj) 

‘‘VOC Emissions from Surface Coating 

of Flat Wood Paneling.’’ EPA approved 

these 1991 revisions into the SIP on 

October 13, 1992 (57 FR 46780). GA 

EPD revised the rule again on 

September 16, 1992, and submitted it to 

EPA for SIP approval on November 13, 

1992. At the time it was submitted it 

applied to the 13 counties in the 1-hour 

ozone nonattainment area. 

Subsequently, through the October 21, 

2009, Submittal A, SIP revision, the 

applicability of these rules was 

extended to include the 20 county 

Atlanta Area. The Georgia rule was 

changed again on March 7, 2012, to be 

consistent with EPA Group II CTG 

established October 5, 2006 (71 FR 

58745), and was submitted to EPA for 

SIP approval on March 19, 2012. 

The purpose of Georgia’s rule is to 

control VOC emissions from surface 

coating of flat wood paneling operations 

located in the Atlanta Area. It was 

changed to more clearly specify 

compliance options that are already 

approved in this section. Specifically, 

subparagraphs (jjj)2.(i),(ii) and (iii) are 

changed to more clearly define the 

compliance options. Please see pages A– 

44 through A–47 of the March 19, 2012, 

submittal for the specific changes made 

to this rule. The Georgia submittal can 

be found in the docket at ‘‘EPA–R04– 

OAR–2012–0448’’ for today’s 

rulemaking. EPA has reviewed Georgia’s 

rule changes, submitted in the October 

21, 2009, Submittal A, and March 19, 

2012, SIP revisions and has 

preliminarily determined that these 

changes are consistent with EPA RACT 

guidance and Group II for VOC 

emissions for surface coating of flat 

wood paneling, and these revisions are 

therefore proposed for approval. 


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13. Rule 391–3–1–.02(2)(mm) ‘‘VOC 

Emissions From Graphic Arts Systems’’ 

In December 1978, EPA published a 

CTG for graphic arts (rotogravure 

printing and flexographic printing) that 

included flexible packaging printing. On 

October 5, 2006 (71 FR 58745), EPA 

updated the1978 CTG, as part of Group 

II CTG, addressing the control of VOC 

emissions from graphic arts systems 

consisting of packaging rotogravure, 

publication rotogravure or flexographic 

printing operations. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1– 

.02(2)(mm) ‘‘VOC Emissions from 

Graphic Arts Systems.’’ EPA approved 

these 1991 revisions into the SIP on 

October 13, 1992 (57 FR 46780). GA 

EPD revised its rule again on September 

16, 1992, and submitted the revisions to 

EPA for SIP approval on November 13, 

1992. At the time Georgia’s rule was 

submitted it applied to the 13 counties 

in the 1-hour ozone nonattainment area. 

Subsequently, through the October 21, 

2009, Submittal A SIP revision, the 

applicability of these rules was 

extended to include the 20 county 

Atlanta Area. The Georgia rule was 

changed again on March 7, 2012, to be 

consistent with EPA Group II CTG 

established October 5, 2006 (71 FR 

58745), and submitted to EPA for SIP 

approval on March 19, 2012. EPA is 

now proposing to approve into the SIP 

the rule submitted to EPA on March 19, 

2012. 

The purpose of Georgia’s rule is to 

control VOC emissions from graphic arts 

operations located in the Atlanta Area. 

It was changed to clarify compliance 

options and to specify solids equivalent 

limits to be used as a compliance 

option. The changes also allows for a 

compliance option to average a 24-hour 

weighted basis of VOC content, 

provided the average does not exceed 

the limits set in this section. Please see 

pages A–48 through A–52 of the March 

19, 2012, submittal for the specific 

changes made to this rule. The Georgia 

submittal can be found in the docket at 

‘‘EPA–R04–OAR–2012–0448’’ for 

today’s rulemaking. EPA has reviewed 

Georgia’s rule changes, submitted on 

March 19, 2012, and has preliminarily 

determined that these changes are 

consistent with EPA RACT guidance 

and Group II CTG for VOC emissions for 

graphic arts, and these changes are 

therefore proposed for approval. 

14. Rule 391–3–1–.02(2)(pp) ‘‘Bulk 

Gasoline Plants’’ 

In 1977, EPA established a CTG 

addressing the control of VOC emissions 

from bulk gasoline plants. On January 3, 

1991, April 3, 1991, and September 30, 

1991, GA EPD corrected VOC RACT 

deficiencies for a number of rules 

including Rule 391–3–1–.02(2)(pp) 

‘‘Bulk Gasoline Plants.’’ EPA approved 

these 1991 revisions into the SIP on 

October 13, 1992 (57 FR 46780). On 

December 31, 2004, GA EPD revised 

Rule 391–3–1–.02(2)(pp) ‘‘Bulk Gasoline 

Plants’’ again. EPA approved these 

revisions into the SIP on August 26, 

2005, (70 FR 50199). GA EPD revised its 

rule again on June 8, 2008, and 

submitted the revisions to EPA for SIP 

approval in the October 21, 2009, 

Submittal B SIP revision. EPA is now 

proposing to approve into the SIP the 

rule submitted to EPA on October 21, 

2009. 

The purpose of Rule 391–3–1– 

.02(2)(pp) ‘‘Bulk Gasoline Plants’’ is to 

comply with section 182 of the CAA, as 

it relates to the implementation of RACT 

for bulk gasoline plants. The 

amendment extends the requirement to 

all 20 counties in the Atlanta Area, by 

adding the counties of Barrow, Bartow, 

Carroll, Hall, Newton, Spalding, and 

Walton. The compliance date for the 

seven additional counties is June 1, 

2008, to coincide with the applicability 

of rule 391–3–1–.02(2)(rr) ‘‘Gasoline 

Dispensing Facility,’’ for these counties. 

Additionally, language has been added 

to subparagraphs 1.(i), (ii), and (iii), and 

a definition for ‘‘stationary storage tank’’ 

has been added to subparagraph 5.(v), to 

further clarify that the provisions in this 

section apply to stationary storage tanks. 

These changes, submitted on October 

21, 2009, are being proposed for 

approval, as they appear to be consistent 

with the federal requirements for RACT 

(Group I CTG) and the CAA. 

15. Rule 391–3–1–.02(2)(rr) ‘‘Gasoline 

Dispensing Facility’’ 

In 1975, EPA established a CTG 

addressing the control of VOC emissions 

from gasoline dispensing facilities. On 

January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1–.02(2)(rr) 

‘‘Gasoline Dispensing Facility.’’ EPA 

approved these 1991 revisions into the 

SIP on October 13, 1992 (57 FR 46780). 

On December 31, 2004, GA EPD revised 

Rule 391–3–1–.02(2)(rr) ‘‘Gasoline 

Dispensing Facility’’ again. EPA 

approved these revisions into the SIP on 

August 26, 2005 (70 FR 50199). GA EPD 

revised its rule again on June 8, 2008, 

and submitted the revisions to EPA for 

SIP approval in the October 21, 2009, 

Submittal B SIP revision. EPA is now 

proposing to approve into the SIP the 

rule submitted to EPA on October 21, 

2009. 

The purpose of Georgia’s rule is to 

comply with section 182 of the CAA, as 

it relates to the implementation of RACT 

for gasoline dispensing facilities. 

Subparagraph (rr)1.-14. of the rule was 

deleted in its entirety and replaced with 

a new subparagraph (rr)1.-16. to make 

the rule more clearly understandable. 

The installation and operation of Stage 

I Vapor Recovery control is equivalent 

to RACT for such plants. The revisions 

expand the requirements of this 

subparagraph to include the seven 

additional counties (Barrow, Bartow, 

Carroll, Hall, Newton, Spalding, and 

Walton) that were added to the Atlanta 

Area, with staggered compliance dates 

ranging from June 1, 2008, to May 1, 

2009, based on gallons per month of 

gasoline dispensed. Existing facilities in 

the counties of Catoosa, Richmond and 

Walker also have staggered compliance 

dates of May 1, 2006, or May 1, 2007, 

based on whether they dispense greater 

than, or less than or equal to, 50,000 

gallons of gasoline per month. Any 

newly constructed or reconstructed 

facilities would need to be in 

compliance with the requirements of the 

subparagraph upon startup of gasoline 

dispensing operations. 

The changes also establish the 

requirement that applicable gasoline 

dispensing facilities implement 

enhanced Stage I vapor recovery 

systems rather than Stage I vapor 

recovery systems. The revisions 

establish compliance dates for the 

upgrade of existing Stage I vapor control 

systems to enhanced vapor control 

systems. The amendment extends the 

requirement to all 20 counties in the 

Atlanta Area, by adding the counties of 

Barrow, Bartow, Carroll, Hall, Newton, 

Spalding, and Walton. The compliance 

date for existing facilities in the 

counties of Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, and 

Rockdale to be in compliance with the 

requirements of an approved enhanced 

Stage I gasoline vapor recovery system 

is May 1, 2012, and for the counties of 

Catoosa, Richmond and Walker is May 

1, 2023. Any newly constructed or 

reconstructed facilities would need to 

be in compliance with the enhanced 

Stage I requirements upon startup of 

gasoline dispensing operations. EPA has 

preliminarily determined that all of the 

changes and compliance dates in this 

rule revision submitted in the October 

21, 2009, Submittal B SIP revision meet 


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the requirements of RACT under the 

CAA and the Group I CTG for ‘‘Design 

Criteria for Stage I Vapor Control 

Systems—Gasoline Service Stations,’’ 

and are therefore proposed for approval. 

16. Rule 391–3–1–.02(2)(ss) ‘‘Gasoline 

Transport Vehicles and Vapor 

Collection Systems’’ 

In December 1978, EPA established a 

CTG addressing the control of VOC 

emissions from gasoline transport 

vehicles and vapor collection systems. 

On January 3, 1991, April 3, 1991, and 

September 30, 1991, GA EPD corrected 

VOC RACT deficiencies for a number of 

rules including Rule 391–3–1–.02(2)(ss) 

‘‘Gasoline Transport Vehicles and Vapor 

Collection Systems.’’ EPA approved 

these 1991 revisions into the SIP on 

October 13, 1992 (57 FR 46780). On 

December 31, 2004, GA EPD revised 

Rule 391–3–1–.02(2)(ss) ‘‘Gasoline 

Transport Vehicles and Vapor 

Collection Systems’’ again. EPA 

approved these revisions into the SIP on 

August 26, 2005, (70 FR 50199). GA EPD 

revised its rule again on June 8, 2008, 

and submitted the revisions to EPA for 

SIP approval in the October 21, 2009, 

Submittal B SIP revision. EPA is now 

proposing to approve into the SIP the 

rule submitted to EPA on October 21, 

2009. 

The purpose of this revision is to 

expand applicability to the seven 

additional counties (Barrow, Bartow, 

Carroll, Hall, Newton, Spalding, and 

Walton) that were added to the Atlanta 

Area. This will allow the rule 

requirements to cover gasoline transport 

vehicles that deliver gasoline to gasoline 

dispensing facilities in these counties. 

Additionally, several administrative 

revisions are made to the rule to clarify 

and consolidate the rule, including the 

addition of the term ‘‘vapor’’ to clarify 

that the control system is a vapor 

control system, and the addition of the 

definition of ‘‘gasoline.’’ These changes, 

submitted in the October 21, 2009, 

Submittal B SIP revision appear to meet 

the requirements of RACT under the 

CAA, and the Group I CTG for ‘‘Control 

of Volatile Organic Compound Leaks 

from Gasoline Tank Trucks and Vapor 

Collection Systems,’’ and are therefore 

proposed for approval. 

17. Rule 391–3–1–.02(2)(ddd) ‘‘Volatile 

Organic Compound Emissions From 

Offset Lithography and Letterpress’’ 

On October 5, 2006 (71 FR 58745), 

EPA established an offset lithography 

and letterpress CTG separate from the 

graphic arts CTG, as part of Group II 

CTG, addressing the control of VOC 

emissions from offset lithography and 

letterpress operations. 

On October 28, 1999, GA EPD 

submitted to EPA a revision to Rule 

391–3–1–.02(2)(ddd) ‘‘Volatile Organic 

Compound Emissions from Offset 

Lithography and Letterpress’’ and EPA 

approved this rule on July 10, 2001 (66 

FR 35906). GA EPD revised its rule 

again on June 8, 2008, and submitted it 

to EPA for SIP approval in the October 

21, 2009, Submittal B SIP revision. The 

October 21, 2009, Submittal B, SIP 

revision updated the list of counties to 

include Barrow County so the Georgia 

rule applies to the entire 20 county 

Atlanta Area and the revision 

established a compliance date of May 1, 

2009, for Barrow County. Subsequently, 

this rule was revised on April 12, 2009, 

and submitted to EPA for SIP approval 

in the October 21, 2009, Submittal C SIP 

revision. The October 21, Submittal C, 

SIP revision revised the compliance 

date to March 1, 2009. Subsequently, 

this rule was revised again on March 7, 

2012, to be consistent with EPA Group 

II CTG established, October 5, 2006 (71 

FR 58745), for the Atlanta Area and 

submitted to EPA for SIP approval on 

March 19, 2012. EPA is now proposing 

to approve into the SIP the rule 

submitted to EPA on March 19, 2012. 

18. Rule 391–3–1–.02(2)(eee) ‘‘Volatile 

Organic Compound Emissions From 

Expanded Polystyrene Products 

Manufacturing’’ 

In 1983, EPA established a CTG 

addressing the control of VOC emissions 

from expanded polystyrene products 

manufacturing. On October 28, 1999, 

GA EPD submitted to EPA a revision to 

Rule 391–3–1–.02(2)(eee) ‘‘Volatile 

Organic Compound Emissions from 

Expanded Polystyrene Products 

Manufacturing’’ and EPA approved this 

rule on July 10, 2001 (66 FR 35906). GA 

EPD revised the rule again on June 8, 

2008, and submitted it to EPA for SIP 

approval in the October 21, 2009, 

Submittal B SIP revision and then again 

on April 12, 2009, and submitted it to 

EPA for SIP approval in the October 21, 

2009, Submittal C SIP revision. 

The purpose of Georgia’s rule is to 

establish applicability and compliance 

dates associated with emission 

limitations from Expanded Polystyrene 

Products Manufacturing VOC emissions 

in the Atlanta Area. Rule 391–3–1– 

.02(2)(eee) ‘‘Volatile Organic Compound 

Emissions from Expanded Polystyrene 

Products Manufacturing’’ was amended 

in the October 21, 2009, Submittal B SIP 

revision to update the list of counties to 

include Barrow County so that the rule 

applies to the entire 20 county Atlanta 

Area and to provide Barrow County 

with a compliance date of May 1, 2009. 

This rule was subsequently revised and 

submitted in the October 21, 2009, 

Submittal C SIP revision to amend the 

compliance date for Barrow County to 

March 1, 2009. These revisions, 

submitted on October 21, 2009, appear 

to be consistent with the requirements 

of RACT under the CAA, and are 

therefore proposed for approval. 

19. Rule 391–3–1–.02(2)(hhh) ‘‘Wood 

Furniture Finishing and Cleaning 

Operations’’ 

In 1996, EPA established a CTG 

addressing the control of VOC emissions 

from wood furniture finishing and 

cleaning operations. On October 28, 

1999, GA EPD submitted to EPA a 

revision to Rule 391–3–1–.02(2)(hhh) 

‘‘Wood Furniture Finishing and 

Cleaning Operations’’ and EPA 

approved this rule on July 10, 2001 (66 

FR 35906). GA EPD revised the rule on 

June 8, 2008, and submitted it to EPA 

for SIP approval in the October 21, 

2009, Submittal B SIP revisions and 

then again on April 12, 2009, and 

submitted to EPA for SIP approval in 

the October 21, 2009, Submittal C SIP 

revision. 

The purpose of Georgia’s rule is to 

establish applicability and compliance 

dates associated with emission 

limitations from wood furniture 

finishing and cleaning operation VOC 

emissions in the Atlanta Area. Rule 

391–3–1–.02(2)(hhh) ‘‘Wood Furniture 

Finishing and Cleaning Operations’’ was 

amended in the October 21, 2009, 

Submittal B SIP revision to update the 

list of counties to include Barrow 

County so that the rule applies to the 

entire Atlanta Area and to provide 

Barrow County with a compliance date 

of May 1, 2009. This rule was 

subsequently revised and submitted in 

the October 21, 2009, Submittal C SIP 

revision to amend the compliance date 

for Barrow County to March 1, 2009. 

These revisions, submitted on October 

21, 2009, appear to be consistent with 

the requirements of RACT under the 

CAA, and are therefore proposed for 

approval. 

20. Rule 391–3–1–.02(2)(kkk) ‘‘VOC 

Emissions From Aerospace 

Manufacturing and Rework Facilities’’ 

In December 1997, EPA established a 

CTG addressing the control of VOC 

emissions from aerospace 

manufacturing and rework facilities. On 

October 28, 1999, GA EPD submitted to 

EPA a revision to Rule 391–3–1– 

.02(2)(kkk) ‘‘VOC Emissions from 

Aerospace Manufacturing and Rework 

Facilities’’ and EPA approved this rule 

on July 10, 2001 (66 FR 35906). In the 

October 21, 2009, Submittal C SIP 

revision, and the draft July 19, 2012, SIP 


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6Also see Rule 391–3–1–.02(2)(www) ‘‘VOC 

Emissions from Surface Coating of Pleasure Craft’’ 

for additional information. 

revision, GA EPD expanded the 

applicability of Rule 391–3–1– 

.02(2)(kkk) ‘‘VOC Emissions from 

Aerospace Manufacturing and Rework 

Facilities’’ to include all the counties in 

the Atlanta Area. 

The purpose of this rule is to limit 

VOC emissions from aerospace 

manufacturing and rework facilities that 

are located within or contribute to 

ozone levels in ozone nonattainment 

areas. The rules also limit VOC 

emissions from major sources (emitting 

greater than 100 tons per year of VOC 

emissions) located outside the ozone 

nonattainment area. The revisions 

amend the recordkeeping requirements 

for solvents to be consistent with 

Federal requirements found at 40 CFR 

63, subpart GG. Also the definition of 

‘‘cleaning solvent’’ is revised to include 

a definition of ‘‘no VOCs’’ (VOC content 

less than 1.0 weight percent), to make 

the definition more clear. A 

typographical error is also corrected. 

These revisions, submitted on October 

21, 2009, appear to be consistent with 

EPA’s CTG under the CAA, and are 

therefore proposed for approval. EPA is 

also proposing to approve Georgia’s rule 

changes submitted on July 19, 2012, for 

parallel processing. In the alternative, 

EPA is proposing to conditionally 

approval Georgia’s July 19, 2012, draft 

SIP revision. 

21. Rule 391–3–1–.02(2)(vvv) ‘‘VOC 

Emissions From Surface Coating of 

Miscellaneous Plastic Parts and 

Products’’ 6

In June 1978, EPA issued a CTG 

document addressing the control of 

VOC emissions from surface coating of 

Miscellaneous Metal Parts and Products. 

On October 7, 2008 (73 FR 58481), EPA 

updated the 1978 CTG, as part of Group 

IV CTG, addressing the control of VOC 

emissions from the surface coating of 

miscellaneous plastic parts and 

products. On March 19, 2012, GA EPD 

submitted a SIP revision addressing this 

CTG source category for the entire 20- 

county Atlanta Area. EPA has reviewed 

Georgia’s rule, which became state 

effective on March 7, 2012, and has 

preliminarily determined that Georgia’s 

rule is consistent with the Group IV 

CTG for VOC emission from the surface 

coating of miscellaneous plastic parts 

and products. EPA is therefore 

proposing to approve Georgia’s SIP 

revision submitted on March 19, 2012, 

regarding VOC emissions from source 

coating of miscellaneous plastic parts 

and products. 

22. Rule 391–3–1–.02(2)(www) ‘‘VOC 

Emissions From Surface Coating of 

Pleasure Craft’’ 

On October 7, 2008 (73 FR 58486) 

EPA published the Miscellaneous Metal 

and Plastic Part Coatings CTG (MMPPC 

CTG) as part of the Group IV CTG, 

addressing the control of VOC emissions 

from various metal and plastic part 

coatings. Members of the pleasure craft 

coatings industry contacted EPA 

requesting reconsideration of the 

pleasure craft VOC limits contained in 

EPA’s 2008 MMPPC CTG. In response, 

EPA issued a memorandum on June 1, 

2010, titled ‘‘Control Technique 

Guidelines for Miscellaneous Metal and 

Plastic Part Coatings—Industry Request 

for Reconsideration,’’ recommending 

that the pleasure craft industry work 

with State agencies during their RACT 

rule development process to assess what 

is reasonable for the specific sources 

regulated. EPA stated that states can use 

the recommendations from the MMPPC 

CTG to inform their own determinations 

as to what constitutes RACT for 

pleasure craft coating operations in their 

particular ozone nonattainment area. 

In its March 19, 2012, SIP revision, 

GA EPD provided a negative declaration 

for the surface coatings of pleasure craft, 

noting that there are no such sources 

located in Georgia. EPA has reviewed 

this negative declaration and has 

preliminarily determined that there are 

no sources the emit VOC emissions from 

surface coating of pleasure craft in the 

Atlanta Area. EPA is therefore 

proposing to approve Georgia’s negative 

declaration for surface coatings of 

pleasure craft submitted on March 19, 

2012. 

23. Rule 391–3–1–.02(2)(yyy) ‘‘VOC 

Emissions From the Use of 

Miscellaneous Industrial Adhesives’’ 

On October 7, 2008 (73 FR 58481), 

EPA established a CTG, as part of Group 

IV CTG, addressing the control of VOC 

emissions from the use of miscellaneous 

industrial adhesives. On March 19, 

2012, GA EPD submitted a SIP revision 

to address this CTG source category for 

the entire 20 county Atlanta Area. EPA 

has reviewed Georgia’s rule, which 

became state effective on March 7, 2012, 

and has preliminarily determined that 

Georgia’s rule is consistent with the 

Group IV CTG for VOC emissions from 

the use of miscellaneous industrial 

adhesives. EPA is therefore proposing to 

approve Georgia’s SIP revision 

submitted on March 19, 2012, regarding 

VOC emissions from the use of 

miscellaneous industrial adhesives. 

24. Rule 391–3–1–.02(2)(zzz) ‘‘VOC 

Emissions From the Fiberglass Boat 

Manufacturing’’ 

On October 7, 2008 (73 FR 58481), 

EPA established a CTG, as part of the 

Group IV CTG, addressing the control of 

VOC emissions from the fiberglass boat 

manufacturing industry. 

On March 19, 2012, GA EPD 

submitted a SIP revision to address this 

CTG source category for the entire 20 

county Atlanta Area. EPA has reviewed 

Georgia’s rule, which became state 

effective on March 7, 2012, and has 

preliminarily determined that Georgia’s 

rule is consistent with the Group IV 

CTG for VOC emissions from the 

fiberglass boat manufacturing. EPA is 

therefore proposing to approve Georgia’s 

SIP revision submitted on March 19, 

2012, regarding VOC emissions from the 

fiberglass boat manufacturing. 

25. Rule 391–3–1–.02(2)(aaaa) ’’ 

Industrial Cleaning Solvents’’ 

On October 5, 2006 (71 FR 58745), as 

part of the Group II CTG, EPA updated 

the portion of the 1977 Solvent Metal 

Cleaning CTG regarding the control of 

VOC emissions from the use of 

industrial cleaning solvents. 

On March 19, 2012, GA EPD 

submitted a SIP revision to address this 

CTG source category for the entire 20 

county Atlanta Area. EPA has reviewed 

Georgia’s rule, which became state 

effective on March 7, 2012, and 

preliminarily determined that Georgia’s 

rule is consistent with the Group IV 

CTG for industrial cleaning solvents. 

EPA is therefore proposing to approve 

Georgia’s SIP revision submitted on 

March 19, 2012, regarding industrial 

cleaning solvents. 

b. General RACT Rules 

Moderate and above ozone 

nonattainment areas are required to 

have regulations in place that require 

major VOC sources and NOx sources to 

meet RACT requirements. In 1993 the 

Atlanta 1-hour ozone nonattainment 

area was required to meet VOC major 

source RACT and NOx major source 

RACT for the thirteen counties in the 

Atlanta 1-hour ozone nonattainment 

area. The Atlanta Area was designated 

as a marginal nonattainment for the 

1997 8-hour ozone standard on June 15, 

2004, and was reclassified to moderate 

on March 6, 2008. The Area was then 

required to meet major source VOC 

RACT and major source NOX RACT for 

entire 20-county 1997 8-hour 

nonattainment area. The following are 

RACT rules for the 20-county Atlanta 

Area. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
45318 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

1. Rule 391–3–1–.02(2)(tt) ‘‘Volatile 

Organic Compound (VOC) Emissions 

From Major Sources’’ 

On November 13, 1992, GA EPD 

submitted to EPA a SIP revision that 

included Rule 391–3–1–.02(2)(tt) 

‘‘Volatile Organic Compound (VOC) 

Emissions From Major Sources.’’ 

Through a December 22, 1997, letter and 

a subsequent February 27, 2012, letter 

GA EPD withdrew Rule 391–3–1– 

.02(2)(tt) (and Rule 391–3–1–.02(2)(yy)) 

from the November 13, 1992, submittal. 

On October 28, 1999, GA EPD submitted 

to EPA a revision to Rule 391–3–1– 

.02(2)(tt) ‘‘Volatile Organic Compound 

(VOC) Emissions From Major Sources’’ 

and EPA approved this rule on July 10, 

2001 (66 FR 35906). GA EPD revised its 

rule again on June 8, 2008, and 

submitted it to EPA for SIP approval in 

the October 21, 2009, Submittal B SIP 

revision. 

The purpose of Georgia’s October 21, 

2009, revision is to establish 

applicability and compliance dates 

associated with emission limitations 

from major VOC sources in the Atlanta 

Area. Specifically, this rule is amended 

to update the list of counties to include 

Barrow County so that the rule applies 

to the entire Atlanta Area. Barrow 

County has a compliance date of May 1, 

2009. 

2. Rule 391–3–1–.02(2)(vv) ‘‘Volatile 

Organic Liquid Handling and Storage’’ 

On October 28, 1999, GA EPD 

submitted to EPA a revision to Rule 

391–3–1–.02(2)(vv) ‘‘Volatile Organic 

Liquid Handling and Storage’’ and EPA 

approved this rule on July 10, 2001 (66 

FR 35906). GA EPD revised its rule on 

June 8, 2008, and submitted it to EPA 

for SIP approval in the October 21, 

2009, Submittal B SIP revision. The rule 

was again revised on April 12, 2009, 

and submitted to EPA for SIP approval 

in the October 21, 2009, Submittal C SIP 

revision. 

The purpose of this revision is to 

establish applicability and compliance 

dates associated with emission 

limitations from VOC handling and 

storage sources in the Atlanta Area. 

Specifically, the October 21, 2009, 

Submittal B SIP revision amended the 

list of counties to include Barrow 

County so that the rule applies to the 

entire Atlanta Area and to provide 

Barrow County with a compliance date 

of May 1, 2009. This rule was 

subsequently revised and submitted in 

the October 21, 2009, Submittal C SIP 

revision to amend the compliance date 

for Barrow County to March 1, 2009. 

EPA has reviewed Georgia’s rule 

changes, submitted on October 21, 2009, 

and has preliminarily determined that 

these changes are consistent with EPA 

RACT guidance, and are therefore 

proposed for approval. 

3. Rule 391–3–1–.02(2)(yy) ‘‘Emissions 

of Nitrogen Oxides (NOX) Major 

Sources’’ 

On November 13, 1992, GA EPD 

submitted to EPA a SIP revision that 

included Rule 391–3–1–.02(2)(yy) 

‘‘Emissions of Nitrogen Oxides (NOX) 

Major Sources.’’ Through a December 

22, 1997, letter and a subsequent 

February 27, 2012, letter, GA EPD 

withdrew Rule 391–3–1–.02(2)(yy) (and 

Rule 391–3–1–.02(2)(tt)) from the 

November 13, 1992, submittal. On 

March 15, 2005, GA EPD submitted to 

EPA a revision to Rule 391–3–1– 

.02(2)(yy) ‘‘Emissions of Nitrogen 

Oxides (NOX) Major Sources’’ and EPA 

approved this revision on May 9, 2005 

(70 FR 24310). GA EPD revised its rule 

again on June 8, 2008, and submitted it 

to EPA for SIP approval in the October 

21, 2009, Submittal B, SIP revision. 

The purpose of this rule is to establish 

applicability and compliance dates 

associated with emission limitations 

from NOX major sources in the Atlanta 

Area. This rule is amended to update 

the list of counties to include Barrow 

County so that the rule applies to the 

entire Atlanta Area. Barrow County has 

a compliance date of May 1, 2009. These 

changes, submitted on October 21, 2009, 

appear to be consistent with the 

requirements of RACT under the CAA, 

and the changes are therefore proposed 

for approval. 

4. Rule 391–3–1–.02(2)(ccc) ‘‘Volatile 

Organic Compound Emissions From 

Bulk Mixing Tanks’’ 

On October 28, 1999, GA EPD 

submitted to EPA a revision to Rule 

391–3–1–.02(2)(ccc) ‘‘Volatile Organic 

Compound Emissions From Bulk 

Mixing Tanks’’ and EPA approved this 

rule on July 10, 2001 (66 FR 35906). GA 

EPD revised its rule on June 8, 2008, 

and submitted it to EPA for SIP 

approval in the October 21, 2009, 

Submittal B SIP revision and then again 

on April 12, 2009, and submitted to EPA 

for SIP approval in the October 21, 

2009, Submittal C SIP revision. 

The purpose of this rule is to establish 

applicability and compliance dates 

associated with emission limitations 

from VOC bulk mixing tanks in the 

Atlanta Area. This rule was amended in 

the October 21, 2009, Submittal B SIP 

revision to update the list of counties to 

include Barrow County so that the rule 

applies to the entire Atlanta Area and 

provides a compliance Date of May 1, 

2009, for Barrow County. This rule was 

subsequently revised and submitted in 

the October 21, 2009, Submittal C SIP 

revision to amend the compliance date 

for Barrow County to March 1, 2009. 

These revisions appear to be consistent 

with the requirements of RACT under 

the CAA, and are therefore proposed for 

approval. 

5. Rule 391–3–1–.02(2)(lll) ‘‘Nitrogen 

Oxide Emissions From Fuel-Burning 

Equipment’’ 

On October 28, 1999, GA EPD 

submitted to EPA a revision to Rule 

391–3–1–.02(2)(lll) ‘‘Nitrogen Oxide 

Emissions from Fuel-Burning 

Equipment’’ and EPA approved this rule 

on July 10, 2001 (66 FR 35906). GA EPD 

revised the rule on June 8, 2008, and 

submitted to EPA for SIP approval in 

the October 21, 2009, Submittal B SIP 

revision and then again on April 12, 

2009, and submitted to EPA for SIP 

approval in the October 21, 2009, 

Submittal C SIP revision. October 21, 

2009, Submittal B SIP revision exempts 

wood burning boilers located in 

counties outside the Atlanta Area. The 

October 21, 2009, Submittal C SIP 

revision changes the definition of a 

wood burning boiler from 50 percent 

wood fired to 90 percent wood fired. 

The rule is amended to no longer 

subject fuel-burning equipment burning 

wood or wood residue in specific 

amounts outside of the Atlanta Area to 

the existing NOX emission standard. No 

sources currently exist in these ozone 

unclassifiable/attainment areas outside 

the Atlanta Area and any new major 

source (greater than 100 tpy) would be 

required to meet Prevention of 

Significant Deterioration (PSD) 

requirements. PSD requirements require 

Best Available Control Technology 

(BACT) which would meet RACT and 

the source would have to show that its 

emissions do not interfere with the 

Atlanta Area air quality. Any new minor 

source (less than 100 tpy) would have 

to go through the state permitting 

process. 

6. Rule 391–3–1–.02(2)(rrr) ‘‘Nitrogen 

Oxide Emissions From Small FuelBurning Equipment’’ 

On October 21, 2009, GA EPD 

submitted two SIP revisions affecting 

the applicability and compliance for 

NOX emissions from small fuel-burning 

equipment for the entire 20-county 

Atlanta Area. The October 21, 2009, 

Submittal B SIP revision revised Rule 

391–3–1–.02(2)(rrr) to expand the rule 

to the entire 20-county Atlanta Area. 

The rule applied to sources with greater 

than 25 tpy of NOX emissions in 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45319 

7See the applicability portions of Georgia Rules 

391–3–1-.02(t), (w), (y), (z), (ii), (jj), (mm), (ddd), 

(vvv), (yyy), (zzz) and (aaaa) of the March 19, 2012, 

SIP submittal; See Georgia Rule 391–3–1– 

.02(a)(6)(i)(V) and Georgia Rule 391–3–1– 

.02(kkk)(18) of the July 19, 2012, draft SIP 

submittal. 

Fulton, Gwinnett, Henry, Paulding, and 

Rockdale County and is now revised to 

include sources with greater than 100 

tpy of NOX emissions in Barrow, 

Bartow, Carroll, Hall, Newton, Spalding 

and Walton County. The changes to 

Georgia’s rule also established a May 15, 

2005, compliance date for Cherokee, 

Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Henry, Paulding, and 

Rockdale County and a May 1, 2009, 

compliance date for Barrow, Bartow, 

Carroll, Hall, Newton, Spalding and 

Walton County. The October 21, 2009, 

Submittal C SIP revision revised the 

compliance date for Barrow, Bartow, 

Carroll, Hall, Newton, Spalding and 

Walton County to March 1, 2009. EPA 

has reviewed Georgia’s rule, which 

became state effective on June 8, 2008, 

(October 21, 2009, Submittal B, SIP 

revision) and April 12, 2009, (October 

21, 2009, Submittal C, SIP revision) and 

has preliminarily determined that 

Georgia’s rule is consistent with the 

requirements of RACT under the CAA. 

EPA is therefore proposing to approve 

Georgia’s rule, submitted in the October 

21, 2009, Submittal B and Submittal C 

SIP revisions regarding NOX emissions 

from small fuel-burning engines. 

III. Effect of This Proposed Action 

The effect of this proposed action is 

to include the aforementioned 

requirements for RACT and CTG source 

categories into the Atlanta Area portion 

of the Georgia SIP. In accordance with 

the Georgia rules, some affected sources 

in the Atlanta Area will have to comply 

with rules in the March 19, 2012, and 

July 19, 2012, SIP revisions by January 

1, 2015, unless the Atlanta Area is 

redesignated to attainment prior to 

January 1, 2015. According to the 

Georgia rules, if the Atlanta Area is 

redesignated to attainment prior to 

January 1, 2015, Georgia provides that 

the new and revised requirements of 

these rules will not become applicable 

and instead will be approved into the 

contingency measures portion of the 

Georgia SIP. 7 However, in order for that 

to occur, the redesignation process for 

the Altanta Area would have to be 

completed prior to January 1, 2015. 

Today, EPA is proposing to approve the 

rules included in the March 19, 2012, 

and July 19, 2012, SIP revisions (along 

with other rules, as explained earlier), 

and simultaneously proposing 

conditional approval for the July 19, 

2012, SIP revision. Any action regarding 

the movement of rules into the 

contingency measures portion of the SIP 

would be effectuated through a separate 

process (i.e., the redesignation process) 

and not final action on today’s proposal. 

IV. Proposed Action 

Pursuant to section 110 of the CAA, 

EPA is proposing to approve the 

revisions to Georgia’s SIP addressing 

sources subject to NOx RACT and VOC 

RACT, including Groups I, II, III and IV 

CTG source categories for the Atlanta 

Area. EPA has evaluated Georgia’s 

November 13, 1992, October 21, 2009, 

and March 19, 2012, final SIP revisions 

and July 19, 2012, draft SIP revisions, 

and preliminarily determined that they 

meet the applicable requirements of the 

CAA and EPA regulations, and EPA has 

made the preliminary determination 

that the rules included in the SIP 

revisions are consistent with the CAA, 

its implementing regulations and EPA 

policy on addressing RACT 

requirements. Although EPA has 

received a draft SIP revisions from 

Georgia, dated July 19, 2012, for parallel 

processing, in the event, that EPA does 

not receive the final version of that SIP 

revision within the time frames in 

which EPA must finalize today’s 

proposal, EPA is also today proposing to 

conditionally approve Georgia’s July 19, 

2012, draft SIP revision. The alternative 

conditional approval option will ensure 

that EPA can timely finalize its approval 

of the RACT requirements for the 

Atlanta Area. 

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. 

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 proposes to approve state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposal 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 proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the 

determination does not have substantial 

direct effects on an Indian Tribe. There 

are no Indian Tribes located within the 

Atlanta nonattainment area. 

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: July 20, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2012–18649 Filed 7–30–12; 8:45 am] 

BILLING CODE 6560–50–P 


emcdonald on DSK67QTVN1PROD with PROPOSALS