[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Rules and Regulations]
[Pages 39821-39822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16176]



[[Page 39821]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA200020; FRL-6720-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Georgia Update to Materials Incorporated by Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: EPA is updating the materials submitted by Georgia that are 
incorporated by reference (IBR) into the State implementation plan 
(SIP). The regulations affected by this update have been previously 
submitted by the State agency and approved by EPA. This update affects 
the SIP materials that are available for public inspection at the 
Office of the Federal Register (OFR), the Air and Radiation Docket and 
Information Center located in Ariel Rios Building, Washington, D.C., 
and the Regional Office.

EFFECTIVE DATE: This action is effective June 28, 2000.

ADDRESSES: SIP materials which are incorporated by reference into 40 
CFR part 52 are available for inspection at the following locations: 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, GA 30303; Office of Air and Radiation, Docket and Information 
Center (Air Docket), EPA, Ariel Rios Building (Mail Code 6102), 1200 
Pennsylvania Avenue, NW, Washington, DC 20460; and Office of the 
Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, 
D.C.

FOR FURTHER INFORMATION CONTACT: Mr. Scott M. Martin at the above 
Region 4 address or at (404) 562-9031.

SUPPLEMENTARY INFORMATION: The SIP is a living document which the State 
can revise as necessary to address the unique air pollution problems in 
the state. Therefore, EPA from time to time must take action on SIP 
revisions containing new and/or revised regulations as being part of 
the SIP. On May 22, 1997, (62 FR 27968) EPA revised the procedures for 
incorporating by reference Federally-approved SIPs, as a result of 
consultations between EPA and OFR. The description of the revised SIP 
document, IBR procedures and ``Identification of plan'' format are 
discussed in further detail in the May 22, 1997, Federal Register 
document.
    On May 21, 1999, EPA published a document in the Federal Register 
(64 FR 27699) beginning the new IBR procedure for Georgia. In this 
document EPA is doing the first update to the material being IBRed.
    In this document EPA is updating the SIP compilation that is 
incorporated by reference. EPA took notice and public comment on this 
rulemaking in May 1999. No comments were received and the rule became 
effective May 21, 1999.
    EPA has determined that today's rule falls under the ``good cause'' 
exemption in section 553(b)(3)(B) of the Administrative Procedures Act 
(APA) which, upon finding ``good cause,'' authorizes agencies to 
dispense with public participation and section 553(d)(3) which allows 
an agency to make a rule effective immediately (thereby avoiding the 
30-day delayed effective date otherwise provided for in the APA). 
Today's rule simply codifies provisions which are already in effect as 
a matter of law in Federal and approved State programs.
    Under section 553 of the APA, an agency may find good cause where 
procedures are ``impractical, unnecessary, or contrary to the public 
interest.'' Public comment is ``unnecessary'' and ``contrary to the 
public interest'' since the codification only reflects existing law. 
Immediate notice in the CFR benefits the public by updating citations.

I. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4). For the same reason, this 
rule also does not significantly or uniquely affect the communities of 
tribal governments, as specified by Executive Order 13084 (63 FR 27655, 
May 10, 1998). This rule will not have substantial direct effects on 
the states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. This rule also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings' issued under the Executive Order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

[[Page 39822]]

    EPA has also determined that the provisions of section 307(b)(1) of 
the Clean Air Act pertaining to petitions for judicial review are not 
applicable to this action. Prior EPA rulemaking actions for each 
individual component of the Mississippi SIP compilations had previously 
afforded interested parties the opportunity to file a petition for 
judicial review in the United States Court of Appeals for the 
appropriate circuit within 60 days of such rulemaking action. Thus, EPA 
sees no need in this action to reopen the 60-day period for filing such 
petitions for judicial review.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: May 19, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.


    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority for citation for part 52 continues to read as 
follows:

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

Subpart L--Georgia

    2. Section 52.570 paragraph (b) is revised to read as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (b) Incorporation by reference.
    (1) Material listed in paragraph (c) of this section with an EPA 
approval date prior to July 1, 2000, was approved for incorporation by 
reference by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. The approval date for paragraph (d) 
remains December 1, 1998. Material is incorporated as it exists on the 
date of the approval, and notice of any change in the material will be 
published in the Federal Register. Entries in paragraphs (c) and (d) of 
this section with EPA approval dates after July 1, 2000, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of July 1, 2000.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., 
Atlanta, GA 30303; the Office of the Federal Register, 800 North 
Capitol Street, NW., Suite 700, Washington, DC.; or at the EPA, Air and 
Radiation Docket and Information Center, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, N.W., Washington, DC. 20460.
* * * * *
[FR Doc. 00-16176 Filed 6-27-00; 8:45 am]
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