Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6309 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by removing the entry for 

COMAR 26.11.10.06[2] and by adding 

new COMAR 26.11.10.05–1 to read as 

follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA–APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland Administrative 

Regulations (COMAR) citation Title/subject State effective date EPA approval date 

Additional explanation/citation at 

40 CFR 52.1100 

26.11.10 Control of Iron and Steel Production Installations 

* * * * * * * 

26.11.10.05–1 ................................ Control of Carbon Monoxide 

Emissions from Basic Oxygen 

Furnaces.

9/12/05 2/9/10 [Insert page number where 

the document begins].

* * * * * * * 

[FR Doc. 2010–2678 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0113–200709(a); 

FRL–9098–5] 

Approval and Promulgation of 

Implementation Plans Georgia: State 

Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA) 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Georgia State Implementation Plan 

(SIP), submitted by the Georgia 

Environmental Protection Division (GA 

EPD) on September 26, 2006, with a 

clarifying revision submitted on 

November 6, 2006. The revisions 

include multiple modifications to 

Georgia’s Air Quality Rules found at 

Chapter 391–3–1. These revisions are 

part of Georgia’s strategy to meet the 

national ambient air quality standards 

(NAAQS). The revisions include, but are 

not limited to, changes to Chapters such 

as ‘‘Definitions;’’ ‘‘Emissions Limitations 

and Standards;’’ ‘‘Open Burning;’’ 

‘‘Exemptions;’’ ‘‘Permits;’’ and 

‘‘Regulatory Exceptions.’’ EPA is 

approving Georgia’s SIP revisions 

pursuant to section 110 of the Clean Air 

Act (CAA). 

EPA is not acting on revisions to rules 

391–3–1–.01(qqqq), 391–3–1–.02(2)(zz), 

391–3–1–.02(2)(mmm), 391–3–1– 

.02(6)(a), 391–3–1–.03(6)(g), and 391–3– 

1–.03(6)(i) at this time. EPA is also not 

acting on revisions to rule 391–3–1– 

02(2)(ooo), as Georgia has submitted a 

revised version of the rule. 

Additionally, we are not acting on 

several revisions to the September 26, 

2006, SIP submittal, that are not part of 

the federally approved SIP. 

DATES: This direct final rule is effective 

April 12, 2010 without further notice, 

unless EPA receives adverse comment 

by March 11, 2010. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2007–0113,’’ by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2007–0113,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

federal holidays. 

Instructions: Direct your comments to 

Docket ID Number, ‘‘EPA–R04–OAR– 

2007–0113.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center home page at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 


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6310 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Stacy Harder, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9042. 

Ms. Harder can also be reached via 

electronic mail at harder.stacy@epa.gov. 

Table of Contents 

I. Background 

II. Summary of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 26, 2006, with a 

clarifying revision submitted on 

November 6, 2006, GA EPD submitted 

proposed SIP revisions to EPA for 

review and approval into the Georgia 

SIP. The revisions include the following 

changes made by the State of Georgia to 

its Air Quality Rules, found at Chapter 

391–3–1. The changes that were made to 

update Georgia’s regulations include, 

but are not limited to, ‘‘Definitions;’’ 

‘‘Emissions Limitations and Standards;’’ 

‘‘Open Burning;’’ ‘‘Exemptions;’’ 

‘‘Permits;’’ and ‘‘Regulatory Exceptions.’’ 

The changes are discussed below. 

EPA is not acting on revisions to rules 

391–3–1–.01(qqqq), 391–3–1–.02(2)(zz), 

391–3–1–.02(2)(mmm), 391–3–1– 

.02(6)(a), 391–3–1–.03(6)(g), and 391–3– 

1–.03(6)(i) at this time. EPA is also not 

acting on revisions to rule 391–3–1– 

02(2)(ooo), as Georgia has submitted a 

revised version of the rule. 

Additionally, we are not acting on 

revisions to rules 391–3–1–.02(ppp), 

391–3–1–.02(8)(a), 391–3–1–.02(9), 391– 

3–1–.03(9), 391–3–1–.03(10)(b)2, 391–3– 

1–.03(10)(e)(6), and 391–3–1– 

.03(10)(g)2, as they are not part of the 

federally approved SIP. 

II. Summary of Action 

Rule 391–3–1–.01 ‘‘Definitions’’ 

1. 391–3–1–.01(llll) ‘‘Volatile Organic 

Compound’’ 

Georgia is amending its definition of 

volatile organic compounds (VOC) by 

inserting five additional compounds in 

the list of compounds excluded from the 

definition of VOC. GA EPD is taking an 

action that was similarly approved by 

the EPA on November 29, 2004 (69 FR 

69298). The revision adds the five 

compounds to the list of those excluded 

from the definition of VOC, on the basis 

that they make a negligible contribution 

to ozone formation. 

EPA’s policy is that compounds of 

carbon with a negligible level of 

reactivity need not be regulated to 

reduce ozone (42 FR 35314, July 8, 

1977). EPA determines whether a given 

carbon compound has ‘‘negligible’’ 

reactivity by comparing the compound’s 

reactivity to the reactivity of ethane. 

EPA lists these compounds in its 

regulations at 40 CFR 51.100(s), and 

excludes them from the definition of 

VOC. The chemicals on this list are 

often called ‘‘negligibly reactive.’’ EPA 

may periodically revise the list of 

negligibly reactive compounds to add 

compounds to or delete them from the 

list. 

The revision updates Georgia’s 

definition of VOC, to be consistent with 

the Federal definition of VOC, by 

adding: 1,1,1,2,2,3,3-heptafluoro-3- 

methoxy-propane (n-C3F7OCH3) (known 

as HFE–7000); 3-ethoxy1,1,1,2,3,4,4,5,5,6,6,6-dodecafluro-2- 

(trifluoromethyl) hexane (known as 

HFE–7500); 1,1,1,2,3,3,3- 

heptafluoropropane (known as HFC– 

227ea); methyl formate (HCOOOCH3); 

and t-butyl acetate to its list of 

compounds excluded from the 

definition of VOC. We are approving 

this rule to maintain consistency with 

the Federal definition of VOC, pursuant 

to Section 110 of the CAA. This rule 

change became State effective on July 

20, 2005. 

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

Testing and Monitoring Sources of Air 

Pollutants’’ 

Georgia is amending the effective date 

to the definition of ‘‘Procedures for 

Testing and Monitoring Sources of Air 

Pollutants’’ to reflect the current version, 

dated January 1, 2006. The purpose of 

the document is to identify those 

procedures used for the purposes of 

testing and monitoring air pollutant 

sources. This revision is approvable 

because it merely updates a definition 

in the ‘‘Definitions’’ section of Georgia’s 

rule, and is consistent with Section 110 

of the CAA. This revision became State 

effective on July 13, 2006. 

Rule 391–3–1–.02 ‘‘Provisions’’ 

1. 391–3–1–.02(2) ‘‘Emission Standards’’ 

a. 391–3–1–.02(2)(d) ‘‘Fuel-Burning 

Equipment’’ 

Georgia is amending subparagraphs 

1(ii) and 2(ii), relating to ‘‘Fuel Burning 

Equipment,’’ to correct the existing rule. 

The revision clarifies the existing rule 

language regarding applicability for 

boiler sizes. The language previously 

read ‘‘for equipment equal to or greater 

than 10 million BTU heat input per 

hour, or equal to or less than 2,000 

million BTU heat input per hour * * *’’ 

The intent of the rule is for the limit in 

subparagraph (2)(d)1(ii) to apply to 

equipment with both a heat input of 

greater than or equal to 10 Million 

British thermal units per hour (MMBtu/ 

hr) and less than or equal to 2,000 

MMBtu/hr constructed on or before 

January 1, 1972. Similarly, 

subparagraph 2(d)2(ii) will be limited to 

apply to boiler sizes equal to or greater 

than 10 MMBtu/hr, and (rather than or) 

equal to or less than 250 MMBtu/hr, 

constructed after January 1, 1972. EPA 

is approving this revision to correct an 

inadvertent error by revising the 

language in this subparagraph, 

consistent with Section 110 of the CAA. 

The revision became State effective on 

July 20, 2005. 

b. 391–3–1–.02(2)(tt) ‘‘VOC Emissions 

From Major Sources’’ 

Georgia is amending paragraph (2), 

titled ‘‘Emission Limitations and 

Standards,’’ subparagraph (tt), relating to 

‘‘VOC Emissions from Major Sources,’’ 

by adding new subparagraphs (tt)6 and 

(tt)7, relating to Reasonable Available 

Control Technology (RACT) 

demonstrations. 

The revised rule requires Georgia to 

issue a public notice to allow the public 

an opportunity for comment, for any 

RACT demonstration approved 

pursuant to this subsection of Georgia’s 

regulation, relating to VOC emission 

from major sources. The revision will 

also require GA EPD to submit all 

approved RACT determinations to EPA 

as a SIP revision. EPA is approving this 

revision to be consistent with Section 

110 of the CAA, as it allows the public 

an opportunity to comment on, and 

requires EPA approval of, any RACT 

demonstration or revision to a RACT 

demonstration. This revision became 

State effective January 9, 2005. 


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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6311 

c. 391–3–1–.02(2)(yy) ‘‘Emissions of 

Nitrogen Oxides From Major Sources’’ 

Georgia is amending paragraph (2), 

titled ‘‘Emission Limitations and 

Standards,’’ subparagraph (yy), relating 

to ‘‘Emissions of Nitrogen Oxides from 

Major Sources,’’ by adding new 

subparagraphs (yy)7 and (yy)8. 

The revised rule requires Georgia to 

issue public notice and provide an 

opportunity for public comment for 

RACT determinations approved 

pursuant to this subsection of Georgia’s 

regulation, relating to nitrogen oxides 

(NOX) emissions from major sources. 

The revision also states that Georgia will 

submit any modifications or changes to 

the approved RACT demonstrations to 

EPA as a revision to the SIP. EPA is 

approving this revision to be consistent 

with Section 110 of the CAA, as it 

allows the public an opportunity to 

comment on, and requires EPA approval 

of, any RACT demonstration or revision 

to a RACT demonstration. This revision 

became State effective on January 9, 

2005. 

d. 391–3–1–.02(2)(rrr) ‘‘NOX Emissions 

from Small Fuel-Burning Equipment’’ 

Georgia is adding a new rule (rrr), 

titled ‘‘NOX Emissions from Small FuelBurning Equipment’’ to Chapter 391–3– 

1–.02(2) ‘‘Emission Limitations and 

Standards.’’ This new rule establishes 

new RACT requirements for sources 

emitting NOX emissions in excess of one 

ton per year (tpy), or 25 tpy in the 

Atlanta 1-hour ozone nonattainment 

area (or ‘‘Atlanta Area’’). This was a 

result of the January 1, 2004, 

reclassification (68 FR 55469, 

September 26, 2003) of the Atlanta 

1-hour ozone nonattainment area from 

‘‘serious’’ to ‘‘severe.’’ Subparagraph 1 

explains the requirements for 

performing an annual tune-up and 

documentation of the maintenance 

records. It also requires that only natural 

gas be used during the months of May 

through September. An affected unit is 

exempt from the requirements of 

subparagraph 1, provided the owner or 

operator submits the documentation 

specified in the facility’s permit 

confirming the unit will not be operated 

during the months of May through 

September. The Atlanta Area is 

currently nonattainment for the 1997 

8-hour ozone standard, therefore, these 

requirements continue to apply to the 

Atlanta Area in accordance with anti 

backsliding provisions set forth in the 

CAA. EPA is approving these revisions 

consistent with Section 110 of the CAA. 

These revisions became State effective 

on January 9, 2005, and March 27, 2006. 

2. 391–3–1–.02(4) ‘‘Ambient Air 

Standards’’ 

Georgia is amending subparagraph 

(4)(b)4, relating to sulfur dioxide, to 

correct an error in the standard 

condition for temperature. The revision 

changes the standard condition in 

subparagraph 4 to read as 25 degrees 

Celsius, rather than 26 degrees. This 

revision became State effective on July 

20, 2005. Georgia is also amending 

paragraph (4), subparagraphs (4)(c) and 

(e), relating to particulate matter and 

ozone, respectively. The revisions 

remove the outdated air quality 

standards, and update the rules to 

reflect the 1997 NAAQS for these 

pollutants. (July 18, 1997, 62 FR 38652). 

The 1997 standard was set at 50 

micrograms per cubic meter (μg/m3) for 

PM10. The 1997 standards for 24-hour 

PM2.5 and annual PM2.5 were set at 65 

μg/m3 and 15 μg/m3, respectively. This 

revision is being approved to maintain 

consistency with the current NAAQS 

under Section 110 of the CAA at the 

time the submission was provided to 

EPA. This revision became State 

effective on January 9, 2005. 

3. Rule 391–3–1–.02(5) ‘‘Open Burning’’ 

Georgia is amending paragraph (5) 

relating to ‘‘Open Burning.’’ The revision 

deletes the definition of ‘‘slash burning,’’ 

and revises the definition of ‘‘prescribed 

burning’’ to be consistent with the 

Georgia Prescribed Burning Act. What 

was previously considered ‘‘slash 

burning’’ is now included in the 

definition for ‘‘prescribed burning.’’ 

Georgia is also revising subparagraph 

(b)2 to add the counties of Bibb, 

Catoosa, Columbia, Crawford, Houston, 

Peach, Richmond, Twiggs, and Walker 

to those that have open burning 

restrictions. Additionally, Georgia is 

adding language to subparagraph (5)(e), 

to require Federal facilities not 

mandated to obtain burn permits from 

the Georgia Forestry Commission, to 

institute measures to ensure prescribed 

burning is not conducted during the 

months of May through September. EPA 

is approving these revisions to clarify 

language, as well as to be consistent 

with the counties that are part of the 

current 1997 8-hour ozone 

nonattainment area, pursuant to Section 

110 of the CAA. This revision became 

State effective on July 13, 2006. 

Rule 391–3–1–.03 ‘‘Permits’’ 

1. 391–3–1–.03(6) ‘‘Exemptions’’ 

a. 391–3–1–.03(6)(b) ‘‘Combustion 

Equipment’’ 

Georgia is revising subparagraph 

(6)(b)8 to correct a typographical error 

in the combustion equipment 

exemption for air curtain incinerators 

used for land clearing at a construction 

site, which became State effective on 

April 19, 2006. Georgia is also revising 

subparagraph (6)(b)11, to clarify 

language relating to emergency 

generators used for peaking power. EPA 

is approving this revision, to clarify 

language, under Section 110 of the CAA. 

This rule became State effective on July 

13, 2006. 

The State is also changing the permit 

exemption requirements in 

subparagraph (6)(b)11 for stationary 

engines used for emergency generation, 

located within 45 north Georgia 

counties, such that only engines with a 

rated capacity of less than 100 kilowatts 

shall be exempt, rather than the 

previous exemption at 300 kilowatts 

and below. This rule became State 

effective on March 27, 2006. 

Additionally, Georgia is revising 

paragraph (6), subparagraph (b)11(v)(I). 

The revision modifies the definition of 

‘‘emergency generator’’ which states the 

generator may provide back-up power 

when power from the local utility is 

interrupted, and which operates for less 

than 500 hours-per-year, by adding the 

counties of Banks, Barrow, Bartow, 

Butts, Carroll, Chattanooga, Cherokee, 

Clarke, Clayton, Cobb, Coweta, Dawson, 

Dekalb, Douglas, Fayette, Floyd, 

Forsyth, Fulton, Gordon, Gwinnett, 

Hall, Haralson, Heard, Henry, Jackson, 

Jasper, Jones, Lamar, Lumpkin, 

Madison, Meriwether, Monroe, Morgan, 

Newton, Oconee, Paulding, Pickens, 

Pike, Polk, Putnam, Rockdale, Spalding, 

Troup, Upson, and Walton, where such 

generators may only operate less than 

200 hours-per-year. The additional 

counties are part of the current 1997 

8-hour ozone nonattainment area. 

Therefore, this revision is being 

approved, consistent with maintenance 

of the NAAQS, under Section 110 of the 

CAA. This rule became State effective 

on March 27, 2006. 

Finally, Georgia is adding new 

subparagraphs (6)(b)14 and (6)(b)15. 

These paragraphs exempt temporary 

stationary sources that install boilers 

and electric generators to replace the 

source’s primary boiler or generator 

during periods of maintenance or repair, 

from obtaining a permit for the 

temporary equipment. Actual and 

potential emissions of the temporary 

sources must not exceed that of the 

main source, and temporary fuelburning equipment may not remain at a 

location for longer than 180 consecutive 

days. EPA is approving the revised 

permit exemptions as actual and 

potential emissions of the temporary 

source may not exceed that of the main 

source, consistent with Section 110(l) of 


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6312 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

the CAA. This revision became State 

effective on April 19, 2006. 

b. 391–3–1–.03(6)(j) ‘‘Construction 

Permit Exemption for Pollution Control 

Projects’’ 

Georgia is adding a new subparagraph 

(j) relating to ‘‘Exemptions.’’ The 

revision adds an exemption for 

pollution control projects from the 

requirement to obtain a construction 

permit, under GA EPD’s minor new 

source permitting regulations. This rule 

applies to minor sources only, and 

limits any emissions increases from the 

pollution control project to below the 

major source threshold for all 

pollutants. A project subject to major 

new source review permitting does not 

qualify for this exemption. EPA is 

approving the revised permit 

exemption, as emissions may not exceed 

the limits set for major sources, and is 

consistent with Section 110 of the CAA. 

This revision became State effective on 

July 13, 2006. 

2. 391–3–1–.03(11) ‘‘Permit by Rule’’ 

a. 391–3–1–.03(11)(b)3(i) ‘‘Permit by 

Rule Standards’’ 

Georgia is revising subparagraph 

(b)3(i) to clarify the language for the 

specific equipment covered by the 

permit-by-rule for on-site power 

generation. Specifically, the language 

‘‘fuel-burning equipment’’ is being 

replaced by ‘‘internal combustion 

engines,’’ to best describe the 

equipment. This rule revision is being 

approved to more clearly define the 

equipment named in this subparagraph, 

and is consistent with Section 110 of the 

CAA. The rule became State effective on 

July 20, 2005. 

b. 391–3–1–.03(11)(b)5(i) ‘‘Permit by 

Rule Standards’’ 

Georgia is amending subparagraph 

(b)5(i) to clarify the specific equipment 

covered by permit-by-rule for hot mix 

asphalt plants. Specifically, the 

language ‘‘with external combustion 

fuel-burning equipment rated as less 

than or equal to 100 million BtU per 

hour’’ is replaced by ‘‘hot mix asphalt 

facilities,’’ to best describe the facilities. 

This rule revision is being approved to 

more clearly define the equipment 

named in this subparagraph, and is 

consistent with Section 110 of the CAA. 

The revision became State effective on 

July 20, 2005. 

Rule 391–3–1–.05 ‘‘Regulatory 

Exceptions’’ 

Georgia is repealing Rule 391–3–1–.05 

‘‘Regulatory Exceptions’’ on the basis 

that it is unnecessary and nonmandatory. The basis of the rule was to 

allow the Director of GA EPD to grant 

exceptions to particular requirements of 

any rule or regulation. In order for a 

regulatory exception to be granted, it 

must first be submitted to EPA, and 

approved as a SIP revision. Therefore, 

this rule is repealed in its entirety. The 

repeal of this revision is being 

approved, as any regulatory exception 

must first be submitted to EPA for 

approval, pursuant to Section 110 of the 

CAA. This revision became State 

effective on July 13, 2006. 

III. Final Action 

EPA is taking direct final action to 

approve the aforementioned revisions, 

specifically, Air Quality Rules Chapter 

391–3–1, into the Georgia SIP. The 

revision was submitted by GA EPD on 

September 26, 2006, with a clarifying 

revision submitted on November 6, 

2006. These revisions meet CAA 

requirements and are consistent with 

EPA policy and regulations. 

EPA is publishing this rule without 

prior proposal because the Agency 

views these as noncontroversial 

submittals and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revisions 

should adverse comments be filed. This 

rule will be effective April 12, 2010 

without further notice unless the 

Agency receives adverse comments by 

March 11, 2010. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on April 12, 2010 

and no further action will be taken on 

the proposed rule. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 


Cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 6313 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 12, 2010. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by Reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: December 11, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section § 52.570(c) is amended by 

■ a. Revising the entries for ‘‘391–3–1– 

.01, and ‘‘391–3–1–.02(2)(d),’’ ‘‘391–3–1– 

.02(2)(tt),’’ ‘‘391–3–1–.02(2)(yy),’’ ‘‘391– 

3–1–.02(2)(rrr),’’ ‘‘391–3–1–.02(4),’’ 

‘‘391–3–1–.02(5),’’ and ‘‘391–3–1–.03;’’ 

■ b. Removing the entry for ‘‘391–3–1– 

.05,’’ to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED GEORGIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

391–3–1–.01 .............. Definitions .................................................. 7/13/06 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.02(2)(d) ...... Fuel-burning Equipment ............................ 7/20/05 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.02(2)(tt) ...... VOC Emissions from Major Sources ........ 1/9/05 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.02(2)(yy) .... Emissions of Nitrogen Oxides from Major 

Sources.

1/9/05 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.02(2)(rrr) .... NOX Emissions from Small Fuel-Burning 

Equipment.

3/27/06 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.02(4) .......... Ambient Air Standards .............................. 1/9/05 2/9/09 [Insert citation of publication] .........

391–3–1–.02(5) .......... Open Burning ............................................ 7/13/06 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.03 .............. Permits ....................................................... 7/13/06 2/9/09 [Insert citation of publication] .........

* * * * * * * 

391–3–1–.05 .............. Repealed ................................................... 7/13/06 2/9/09 [Insert citation of publication] .........

* * * * * * * 


Cprice-sewell on DSK2BSOYB1PROD with RULES
6314 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Rules and Regulations 

* * * * * 

[FR Doc. 2010–2706 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0601; FRL–8812–3] 

Inert Ingredients; Extension of 

Effective Date of Revocation of Certain 

Tolerance Exemptions with Insufficient 

Data for Reassessment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: This document moves the 

effective date of the revocation of six 

inert ingredient tolerance exemptions as 

set forth in the Federal Register on 

October 9, 2009 (74 FR 52148). 

DATES: In the final rule published 

August 9, 2006 (71 FR 45415), and 

delayed on August 4, 2008 (73 FR 

45312), August 7, 2009 (74 FR 39543), 

and October 9, 2009 (74 FR 52148): 

1. The effective date is delayed from 

February 9, 2010, to May 9, 2010, for the 

following amendments to §180.910: 

2.m., n., and cc. 

2. The effective date is delayed from 

February 9, 2010, to May 9, 2010, for the 

following amendments to §180.930: 4.t., 

u., and v. 

Objections and requests for hearings 

must be received on or before April 12, 

2010, and must be filed in accordance 

with the instructions provided in 40 

CFR part 178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0601. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Leifer, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8811; e-mail address: 

leifer.kerry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing electronically 

available documents at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

cite at http://www.gpoaccess.gov/ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2009–0601 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before April 12, 2010. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2009–0601, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Background and Statutory Findings 

A. Background 

In a final rule published in the 

Federal Register on August 9, 2006 (71 

FR 45415)(FRL–8084–1), EPA revoked 

inert ingredient tolerance exemptions 

because insufficient data were available 

to the Agency to make the safety 

determination required by Federal Food, 

Drug, and Cosmetic Act (FFDCA) 

section 408(c)(2). In reassessing the 

safety of the tolerance exemptions, EPA 

considered the validity, completeness, 

and reliability of the data that are 

available to the Agency [FFDCA section 

408 (b)(2)(D)] and the available 

information concerning the special 

susceptibility of infants and children 

(including developmental effects from 

in utero exposure) [FFDCA section 

408(b)(2)(C)]. EPA concluded it has 

insufficient data to make the safety 

finding of FFDCA section 408(c)(2) and 

revoked the inert ingredient tolerance 


Cprice-sewell on DSK2BSOYB1PROD with RULES