ENVIRONMENTAL PROTECTION AGENCY 

40 CFR Part 52 

[EPA-R04-OAR-2007-0113-200709(a); FRL- ] 

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 [Insert date 60 days after publication in the Federal 

Register] without further notice, unless EPA receives adverse comment by [Insert date 30 days 

after publication in the Federal Register] . 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-OAR2007-0113," by one of the following methods : 

1 . 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 www.regulations ov, 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 .g_ov or e-mail, information that you consider to be CBI or otherwise 

protected. The www.regulations .gov website 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 

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 homepage at 

http://www.epa. ov/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 . ov 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 . stacygepa. ov. 

Table of Contents: 

I. Background 

II. Summary of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

SUPPLEMENTARY INFORMATION: 
1. 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. 

11 . Summary of Action 

Rule 391-3-1-.O1 "Definitions" 

1. 391-3-1- .0](7111) "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 5 1 . 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-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-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 l, 1972. EPA is approving this revision to correct an inadvertent error by revising 

the language in this subparagraph, consis,jent 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 . 

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 Fuel-Burning 

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 (~Lg/m3) for 

PMio. The 1997 standards for 24-hour PMZ.5 and annual PM2.5 were set at 65 ~Ig/m3 and 15 

~Lg/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" 

10 
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)(1). The revision 

modifies the definition of "emergency generator" which states the generator may provide backup 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 

11 
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 fuel-burning 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(1) of the CAA. This revision became State effective on 

April 19, 2006. 

b. 391-3-1-.03(6)6) "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(l]) "Permit by Rule" 

12 
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-buming 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 non-mandatory. 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 

13 
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. 

111. 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 [ Insert date 60 days from the date of publication] without further notice 

unless the Agency receives adverse comments by [Insert date 30 days from date of publication] . 

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 [Insert 

date 60 days from date of publication] 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 

14 
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 (Public Law 

104-4) ; 

" does not have Federalism implications as specified in Executive Order 13132 (64 FR 

43255, August 10, 1999); 

15 
" 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 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 

16 
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 [ FEDERAL 

REGISTER OFFICE : insert date 60 days from date of publication of this document in the 

Federal Re ig ster] . 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: DEC 1 I c:Jt79 

December 11, 2009 

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. Repealing the entry for "391-3-1-.05," to read as follows : 

§52.570 Identification of plan. 

(c) 

State citation Title/subject State effective EPA approval Explanation 

date date 

391-3-1- .01 Definitions 7/13/06 [Insert 

date of 

publication 

in Federal 

Register] 

[Insert citation 

of publication] 

391-3-1- Fuel-burning 7/20/05 [Insert 

.02(2)(d) Equipment date of 

publication 

in Federal 

Re ig ster] 

EPA Approved Georgia Regulations 

19 
[Insert citation 

of publication] 

391-3-1- VOC 1/9/05 [Insert 

.02(2)(tt) Emissions date of 

from Major publication 

Sources in Federal 

Register ] 

[Insert citation 

of publication] 

** ** * * * 

391-3-1- Emissions of 1/9/05 [Insert 

.02(2)(yy) Nitrogen date of 

Oxides from publication 

Major Sources in Federal 

Re gister] 

[Insert citation 

of publication] 

391-3-1- NOx 3/27/06 [Insert 

.02(2)(rrr) Emissions date of 

from Small publication 

Fuel-Burning in Federal 

Equipment Register ] 

[Insert citation 

of publication] 

391-3-1- .02(4) Ambient Air 1/9/05 [Insert 

Standards date of 

publication 

in Federal 

Register] 

20 
I [Insert citation 

of publication] 

391-3-1- .02(5) Open Burning 7/13/06 [Insert 

date of 

publication 

in Federal 

Register] 

[Insert citation 

of publication] 

391-3-1-.03 Permits 7/13/06 [Insert 

date of 

publication 

in Federal 

Register] 

[Insert citation 

of publication] 

391-3-1-.05 Repealed 7/13/06 [Insert 

date of 

publication 

in Federal 

Re ister] 

[Insert citation 

of publication] 

21