2878 Federal Register / Vol. 78, No. 9 / Monday, January 14, 2013 / Proposed Rules 

3, 2010, IBR date was approved into the Georgia SIP 

on September 8, 2011. 

approve this portion of Georgia’s July 

26, 2012, SIP submittal. 

IV. Proposed Action 

EPA is proposing to approve, into the 

Georgia SIP, portions of Georgia’s 

September 26, 2006 (with a clarifying 

revision submitted on November 6, 

2006) and the July 26, 2012, SIP 

revisions adopting federal regulations 

amended in the October 20, 2010, PM2.5

PSD Increment-SILs-SMC rule; the June 

3, 2010, CO2 Biomass Deferral Rule; and 

the March 30, 2011, Fugitive Emissions 

Interim Rule, amendments regarding the 

PM2.5 Grandfathering Provision, 

definition changes regarding testing and 

monitoring, and changes regarding 

exemptions from the requirement to 

obtain a SIP permit and exemptions for 

incinerators. EPA is not however 

proposing to approve in this rulemaking 

Georgia’s July 26, 2012, SIP revision 

regarding the SIL thresholds and 

provisions and Rules 391–3–1– 

.02(www)—Sewage Sludge Incineration, 

391–3–1–.03(9)—Permit Fees, 391–3–1– 

.02(8)(b)—New Source Performance 

Standards and 391–3–1–.02(9)(b)— 

Emissions Standards for Hazardous Air 

Pollutants. EPA has made the 

preliminary determination that these 

SIP revisions, with regard to the 

aforementioned proposed actions, are 

approvable because they are consistent 

with section 110 of the CAA and EPA 

regulations regarding NSR permitting. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this proposed 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 F43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed rule does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Particulate matter, Reporting 

and recordkeeping requirements. 

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

Dated: January 4, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–00581 Filed 1–11–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0622; FRL–9770–1] 

Approval and Promulgation of 

Implementation Plans; Georgia: New 

Source Review—Prevention of 

Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: EPA is withdrawing a 

proposed rulemaking published in the 

Federal Register on January 2, 2013, to 

approve changes to the Georgia State 

Implementation Plan (SIP) New Source 

Review Prevention of Significant 

Deterioration program for the fine 

particulate matter standards as a result 

of the inadvertent publication of an 

incorrect version of the proposed 

rulemaking. 

DATES: The proposed rule published 

January 2, 2013, is withdrawn as of 

January 14, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Bradley’s telephone number is (404) 

562–9352; email address: 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

January 2, 2013 (78 FR 45), a proposed 

rulemaking was published in the 

Federal Register entitled ‘‘Approval and 

Promulgation of Implementation Plans; 

Georgia: New Source Review— 

Prevention of Significant Deterioration’’ 

to approve changes to Georgia’s SIPapproved regulations entitled ‘‘Air 

Quality Control Rule 391–3–.1.’’ The 

proposed rule version published in the 

Federal Register on January 2, 2013, 

was an incorrect version and EPA 

therefore, is now withdrawing its 

January 2, 2013, proposed rulemaking 

action. In a separate action, the correct 

version of EPA’s proposed rulemaking 

related to Georgia’s Air Quality Control 

Rule 391–3–.1 is being provided for 

public comment. This course of action 

will promote efficiency, mitigate 

confusion, and create a new comment 

period on the future proposed action to 

approve Georgia’s SIP revisions related 

to Rule 391–3–1 with a proper basis of 

evaluation. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Greenhouse gases, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

oxides, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: January 4, 2013. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2013–00582 Filed 1–11–13; 8:45 am] 

BILLING CODE 6560–50–P 


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