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[Federal Register Volume 79, Number 123 (Thursday, June 26, 2014)]
[Rules and Regulations]
[Pages 36218-36220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14876]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2013-0223; FRL-9912-82-Region-4]

Approval and Promulgation of Implementation Plans for Georgia: 
State Implementation Plan Miscellaneous Revisions

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve the portions of revisions to the Georgia State 
Implementation Plan (SIP), submitted by the Georgia Environmental 
Protection Division (GA EPD), on September 15, 2008, and August 30, 
2010, that incorporate changes to the state rules reflecting the 2006 
national ambient air quality standards (NAAQS) for particulate matter 
(PM). EPA approved the remaining portions of Georgia's September 15, 
2008, and August 30, 2010, SIP revisions in a previous rulemaking.

DATES: This rule will be effective on July 28, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2013-0223. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information 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 through 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: Nacosta Ward, 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) 
562-9140. Ms. Ward can be reached via electronic mail at 
ward.nacosta@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. This Action
II. Background
III. Response to Comments
IV. Final Action
V. Statutory and Executive Order Reviews

I. This Action

    EPA is taking final action to approve the portions of Georgia's 
September 15, 2008, and August 30, 2010, SIP revisions related to the 
PM2.5 and PM10 NAAQS (collectively referred to as 
the ``PM NAAQS''). On May 16, 2013, EPA published a direct final rule 
approving the portions of Georgia's September 15, 2008, August 30, 2010 
(two submittals), and December 15, 2011, SIP submissions, that 
incorporate amendments to Georgia Rules 391-3-1-.02(4)(b), (c), (e), 
(f), and (g) reflecting the NAAQS for sulfur dioxide (SO2), 
nitrogen dioxide (NO2), ozone, lead, and PM in effect at the 
time of submittal. See 78 FR 28744.
    EPA published an accompanying proposed approval to the May 16, 
2013, direct final rule in the event that EPA received adverse comment 
and withdrew the direct final rule. See 78 FR 28776. In the direct 
final rule, EPA stated that if adverse comments were received by June 
17, 2013, the rule would be withdrawn and not take effect, the proposed 
rule would remain in effect, and an additional public comment period 
would not be instituted.
    On May 17, 2013, EPA received comments from a single commenter 
solely on the portions of the rulemaking related to the PM NAAQS; 
therefore, EPA withdrew the PM portions of the direct final rule. See 
78 FR 41851 (July 12, 2013). The withdrawal of the PM portions did not 
affect EPA's May 16, 2013, direct final action on Georgia's SIP 
revisions related to the SO2, NO2, ozone, and 
lead NAAQS. EPA is now taking action to approve only the portions of 
the September 15, 2008, and August 30, 2010, SIP revisions related to 
the PM NAAQS. EPA has reviewed the changes to GA EPD's rule reflecting 
the PM NAAQS and determined that these changes are consistent with 
federal regulations in effect at the time of SIP submission; thus, EPA 
is approving these revisions to the Georgia SIP.

II. Background

    EPA approved a Georgia SIP revision on February 9, 2010, that 
adopted the 1997 24-hour PM2.5 NAAQS and 1997 annual 
PM2.5 NAAQS set at 65 micrograms per cubic meter ([mu]g/
m\3\) and 15 [mu]g/m\3\, respectively. See 75 FR 6309. On October 17, 
2006, EPA revised the 24-hour PM2.5 NAAQS to 35 [mu]g/m\3\ 
and retained the annual PM2.5 NAAQS at 15 [mu]g/m\3\.\1\ See 
71 FR 61144. Accordingly, Georgia submitted three SIP revisions one 
dated September 15, 2008,\2\ and two

[[Page 36219]]

dated August 30, 2010,\3\ that, among other things, incorporate changes 
to Georgia Rule 391-3-1-.02(4)(c)--``Particulate Matter''--that update 
the rule for consistency with the 2006 PM2.5 NAAQS.
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    \1\ On December 14, 2012, EPA strengthened the primary annual 
PM2.5 NAAQS to 12.0 [mu]g/m\3\ and retained the 24-hour 
PM2.5 NAAQS at 35 [mu]g/m\3\. See 78 FR 3086 (January 15, 
2013).
    \2\ The September 15, 2008 SIP revision includes changes to 
Georgia Rule 391-3-1-.02(4)(c) that update the 24-hr 
PM2.5 NAAQS to 35 [mu]g/m\3\. These changes were state 
effective on June 25, 2008.
    \3\ The August 20, 2010 SIP revision related to PM2.5 
includes changes to Georgia Rule 391-3-1-.02(4)(c) that align the 
significant digits for the annual PM2.5 NAAQS with the 
federal standard. These changes were state effective on December 20, 
2009.
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    EPA approved Georgia's SIP revision on December 14, 1992, that 
adopted the initial 1987 24-hour PM10 NAAQS and 1987 annual 
PM10 NAAQS set at 150 [mu]g/m\3\ and 50 [mu]g/m\3\, 
respectively. See 57 FR 58989. On October 17, 2006, EPA retained the 
24-hour PM10 NAAQS at 150 [mu]g/m\3\ and revoked the annual 
PM10 NAAQS. See 71 FR 61144. Accordingly, in the August 30, 
2010, SIP revision, GA EPA incorporated changes to state rule 391-3-
1-.02(4)(c) that update the rule for consistency with the 2006 
PM10 NAAQS.\4\
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    \4\ The August 20, 2010 SIP revision related to PM10 
includes changes to Georgia Rule 391-3-1-.02(4)(c) that repeal the 
annual PM10 NAAQS. These changes were state effective on 
July 20, 2009.
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III. Response to Comments

    On May 17, 2013, EPA received a comment from one member of the 
general public. While the comment was generally in support of EPA's 
action, EPA withdrew the direct final rule because the comment could be 
interpreted as adverse. A summary of the comment and EPA's response is 
provided below.
    Comment: The Commenter noted that EPA revised the PM2.5 
NAAQS in 2012, and he recommended that ``the particulate matter SIP for 
Georgia be conditionally approved, the condition being that a revised 
SIP reflecting the new standard be submitted within a reasonable amount 
of time as determined by'' EPA.
    Response: Although EPA recently updated the annual PM2.5 
NAAQS, the State submitted the SIP revisions prior to the December 14, 
2012, promulgation of the new standard, published on January 15, 2013 
(see 78 FR 3086). As mentioned above, GA EPD submitted its SIP 
revisions to update the PM NAAQS on September 15, 2008, and August 30, 
2010, in response to EPA's promulgation of the 2006 PM NAAQS. EPA 
believes that it is appropriate to approve Georgia's September 15, 
2008, and August 30 2010, SIP revisions as they relate to the PM NAAQS 
because they reflect the PM NAAQS in effect at that time, these NAAQS 
remain in effect, and the 2012 PM2.5 NAAQS was not 
promulgated at that time. EPA notes that today's action does not 
relieve Georgia of any current or future requirements regarding the 
2012 PM2.5 NAAQS and that EPA is committed to working with 
Georgia to update its SIP to reflect the 2012 PM2.5 NAAQS.

IV. Final Action

    EPA is approving the portions of Georgia's September 15, 2008, and 
August 30, 2010, SIP revisions that relate to the PM NAAQS because they 
are consistent with the PM NAAQS in effect at the time of submittal.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act (CAA or Act), 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, and EPA 
notes that it will not impose substantial direct costs on tribal 
governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 25, 2014. 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 This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements, Volatile organic compounds.

    Dated: June 16, 2014.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

[[Page 36220]]

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

Subpart L--Georgia

0
2. Section 52.570 is amended by revising the entry for ``391-3-
1-.02(4),'' under Emission Standards, in the table titled ``EPA 
APPROVED GEORGIA REGULATIONS'' in paragraph (c), to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
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                                                            State
          State citation               Title/subject      effective     EPA approval date        Explanation
                                                             date
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                                                  * * * * * * *
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                                               Emission Standards
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                                                  * * * * * * *
391-3-1-.02(4)...................  Ambient Air             9/13/2011  6/26/2014 [Insert
                                    Standards.                         Federal Register
                                                                       citation].
 
                                                  * * * * * * *
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[FR Doc. 2014-14876 Filed 6-25-14; 8:45 am]
BILLING CODE 6560-50-P
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