ENVIRONMENTAL PROTECTION AGENCY 40 CFRPart 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 September26,2006, with a clarifying revision submitted onNovember 6, 2006. This action corrects atypographical error inthe regulatory text inTable (c) ofthe aforementioned Federal Register notice.

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

ADDRESSES: Copies ofthe documentation used in the action being corrected are available for inspection during normal business hours atthe following location: U.S. Environmental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. The Regional Office's official hours ofbusiness 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, Region4,61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Ms. Benjamin can be reached at404-562-9040, orvia 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) ofGeorgia's Identification ofPlan section at 40 CFR section 52.570. The direct final action which approved the addition ofnew 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 errorby clarifying thatrule 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 withpublic participation where public notice and commentprocedures are impracticable, unnecessary, orcontrary to the public interest. Public notice and comment for this action are unnecessary because today's action to clarify the addition ofnew 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
2reason why the public would be interested in being notified ofthe correction ofthis table entry,
or in having the opportunity to comment on the correction priorto 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 thatthere is good cause under APA section 553(d)(3) forthis correction to become effective on the date ofpublication ofthis action. Section 553(d)(3) ofthe APA allows an effective date less than 30 days afterpublication "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 areasonable time to adjusttheir 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 atypographical
errorinTable (c) ofa priorrule by clarifying the addition, rather than the revision, ofrule 391-3- 1-.02(2)(m), which EPA approved on February 9, 2010. Forthese 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 OrderReviews Under Executive Order 12866 (58 FR 51735, October4,1993), this action is not a "significantregulatory action" and therefore is not subjectto review by the Office of Managementand Budget. Forthis reason, this action is alJso not subjectto Executive Order 13211, "Actions Concerning Regulations That Significantly Affect'Energy Supply, Distribution,
orUse" (66 FR 28355, May 22,2001). This action merely corrects atypographical error in 3Table (c) ofa priorrule by identifying the addition ofnew 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 thatthis rule will nothave a significant economic impacton a substantial number ofsmall entities underthe Regulatory Flexibility Act (5 U.S.C. 601 

### etseq.). Because this rule merely corrects an inadvertenterror in Table (c) ofa prior rule, and does notimpose any additional enforceable duty beyond thatrequired by state law, itdoes not contain any unfunded mandate or significantly or uniquely affect small governments, as described inthe Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule also does not have tribal implications because it will nothave a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution ofpower 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 nothave 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 ofpower and responsibilities among the various levels of goverrunent, as specified in Executive Order 13132 (64 FR43255, August 10, 1999). This rule merely corrects atypographical error in Table (c) ofapriorrule by identifying the addition of
new rule 391-3-1-.02(2)(m), in aregulation which EPA approved on February 9,2010, and does not alterthe relationship or the distribution ofpower and responsibilities established in the Clean AirAct (CAA). This rule also is not subject to Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it is

4not 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 collectionburden underthe provisions ofthe Paperwork Reduction Act of 1995. (44 U.S.C. 3501 

### etseq.).The Congressional Review Act, 5 U.S.C. section 801 

### etseq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before arule 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 ofRepresentatives, and the Comptroller General ofthe United States priorto publication ofthe rule in the Federal Register. A major rule cannot take effect until 60 days afterit 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 forjudicial review ofthis action mustbe filed in the United States Court ofAppeals for the appropriate circuit by [FEDERAL REGISTER OFFICE: insert date 60 days from date ofpublication ofthis document in the Federal Register]. Filing apetition for reconsideration by the Administrator ofthis final rule does not affectthe finality ofthis rule for the purposes of judicial review nor does it extend the time within which a petition forjudicial review may be filed, and shall not postpone the effectiveness ofsuch rule or action. This action may not be challenged laterin proceedings to enforce its requirements. (See CAA section 307(b)(2).)

5List ofSubjects in 40 CFRPart 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.

640 CFRpart 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. SubpartL - Georgia 2. Section §52.570(c) is amended by adding an entry for "391-3-1-.02(2)(m)." §52.570 Identification ofplan.



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## * (c) 

## * * * . R I' dG EPA A**~pprove** eorgla egu 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 ofpublication] 

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