ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-0AR-2007-0113-200709(c); FRL- ]

Approval and Promulgation ofImplementation'Plans

Georgia: State Implementation Plan Revision; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correcting amendment.

SUMMARY: On February 9, 2010, EPA published a direct final rule approving revisions to the

Georgia State Implementation Plan submitted by the Georgia Environmental Protection Division

on September 26,2006, with a clarifying revision submitted on November 6, 2006. This action

corrects a typographical error in the regulatory text in Table (c) ofthe aforementioned Federal

Register notice.

DATES: This action is effective [Insert date of publication in the Federal Register].

ADDRESSES: Copies ofthe documentation used in the action being corrected are available for

inspection during normal business hours at the following location: U.S. Environmental

Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. The

Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding

federal holidays.
FOR FURTHER INFORMATION CONTACT: 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. Ms. Benjamin can be reached at 404-562-9040, or via electronic mail at

benjamin.lynorae@epa.gov.

SUPPLEMENTARY INFORMATION:

This action corrects a typographical error in the regulatory language for an entry that

appears in Table (c) of Georgia's Identification of Plan section at 40 CFR section 52.570. The

direct final action which approved the addition of new rule 391-3-1-.02(2)(rrr), "NOx Emissions

from Small Fuel-Burning Equipment," was approved by EPA on February 9, 2010 (75 FR 6309).

However, EPA inadvertently listed new rule (rrr) as being revised, rather than added as a new

entry, in Table (c). Therefore, EPA is correcting this typographical error by clarifying that rule

391-3-1-.02(2)(rrr) is being added as a new entry to Table (c) - EPA Approved Georgia

Regulations.

EPA has determined that today's action falls under the "good cause" exemption in

section 553(b)(3)(B) ofthe Administrative Procedure Act (APA) which, upon finding "good

cause," authorizes agencies to dispense with public participation where public notice and

comment procedures are impracticable, unnecessary, or contrary to the public interest. Public

notice and comment for this action are unnecessary because today's action to clarify the addition

of new rule 391-3-1-.02(2)(r-n:), in Table (c) ofthe rulemaking, has no substantive impact on

EPA's February 9, 2010, approval ofthis regulation. In addition, EPA can identify no particular

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reason why the public would be interested in being notified ofthe correction ofthis table entry,

or in having the opportunity to comment on the correction prior to this action being finalized,

since this correction action does not change the meaning ofEPA's analysis or action to approve

the addition ofrule 391-3-1-.-2(2)(m) to the Georgia SIP.

EPA also finds that there is good cause under APA section 553(d)(3) for this correction

to become effective on the date of publication ofthis action. Section 553(d)(3) ofthe APA

allows an effective date less than 30 days after publication "as otherwise provided by the agency

for good cause found and published with the rule." 5 U.S.C. 553(d)(3). The purpose ofthe 30-

day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable

time to adjust their behavior and prepare before the final rule takes effect. Today's rule,

however, does not create any new regulatory requirements such that affected parties would need

time to prepare before the rule takes effect. Rather, today's rule merely corrects a typographical

error in Table (c) of a prior rule by clarifying the addition, rather than the revision, ofrule 391-3-

1-.02(2)(m), which EPA approved on February 9, 2010. For these reasons, EPA finds good

cause under APA section 553(d)(3) for this correction to become effective on the date of

publication ofthis action.

Statutory and Executive Order Reviews

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. For this reason, this action is alJso not subject to Executive Order

13211, "Actions Concerning Regulations That Significantly Affect'Energy Supply, Distribution,

or Use" (66 FR 28355, May 22,2001). This action merely corrects a typographical error in

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Table (c) of a prior rule by identifying the addition of new rule 391-3-1-.02(2)(m), in a

regulation which EPA approved on February 9, 2010, 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 ofsmall entities under the

Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule merely corrects an

inadvertent error in Table (c) of a prior rule, 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

(Public Law 104-4).

This rule also does not have tribal implications because it will not have a substantial

direct effect on one or more Indian tribes, on the relationship between the Federal Government

and Indian tribes, or on the distribution of power and responsibilities between the Federal

Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November

9,2000). This rule also does not have Federalism implications because it does 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

goverrunent, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This rule

merely corrects a typographical error in Table (c) of a prior rule by identifying the addition of

new rule 391-3-1-.02(2)(m), in a regulation which EPA approved on February 9,2010, and does

not alter the relationship or the distribution of power and responsibilities established in the Clean

Air Act (CAA). This rule also is not subject to Executive Order 13045 "Protection of Children

from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it is

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not economically significant. In addition, this rule does not involve technical standards, thus the

requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of

1995 (15 U.S.C. 272 note) do not apply. This rule also does not impose an infonnation

collection burden under the provisions ofthe Paperwork Reduction Act of 1995. (44 U.S.C. 3501

et seq.).

The Congressional Review Act, 5 U.S.C. section 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 ofthe rule, to each House ofthe Congress and to the Comptroller General ofthe United

States. EPA will submit a report containing this rule and other required infonnation tothe U.S.

Senate, the U.S. House of Representatives, and the Comptroller General ofthe United States

prior to publication ofthe 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) ofthe CAA, petitions for judicial review ofthis 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 ofthis document in the Federal Register].

Filing a petition for reconsideration by the Administrator ofthis final rule does not affect the

finality ofthis rule for the purposes ofjudicial review nor does it extend the time within which a

petition for judicial review may be filed, and shall not postpone the effectiveness ofsuch rule or

action. This action may not be challenged later in proceedings to enforce its requirements. (See

CAA section 307(b)(2).)

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List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by Reference, Intergovernmental

relations, Nitrogen dioxide, Ozone,·Reporting and recordkeeping requirements, Volatile organic

compounds.

Dated'~ 8/16/2010 J. Scott Gordon

Acting Regional Administrator,

Region 4.

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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 adding an entry for "391-3-1-.02(2)(m)."

§52.570 Identification of plan.

* * * *

(c) * * *

EPA A~pprovedGeorgla. ReguI'atlOns

State citation Title/subject State effective EPA approval Explanation

date date

** ** * * *

391-3-1- NOx 3/27/06 [Insert .02(2)(m) Emissions date of

from Small publication Fuel-Burning in Federal

Equipment Register]

[Insert citation

of publication]

** ** * * *

* * * * *

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