Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 16783 

1 If no major sources of volatile organic 

compounds (VOC) or nitrous oxides emissions 

(each pollutant should be considered separately) in 

a particular source category exist in an applicable 

nonattainment area, a state may submit a negative 

declaration for that category. 

position 18°19.133 N, 64°55.628 W; 

thence north to point 6 in position 

18°19.568 N, 64°55.752 W; thence 

northwest back to origin. All 

coordinates are North American Datum 

1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port San Juan in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the race area, unless 

participating in the race. 

(2) Persons and vessels may request 

authorization to enter, transit through, 

anchor in, or remain within the race 

area by contacting the Captain of the 

Port San Juan by telephone at (787) 289– 

2041, or a designated representative via 

VHF radio on channel 16. If 

authorization is granted by the Captain 

of the Port San Juan or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port San Juan or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the race area by Local Notice 

to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement Dates. This rule will 

be enforced daily from 11 a.m. until 2 

p.m. on Friday, March 22, 2013 through 

Sunday, March 24, 2013. 

Dated: March 4, 2013. 

D.W. Pearson, 

Captain, U.S. Coast Guard, Captain of the 

Port San Juan. 

[FR Doc. 2013–06253 Filed 3–18–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0448; FRL–9791–1] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Control Techniques Guidelines and 

Reasonably Available Control 

Technology 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendments. 

SUMMARY: On September 28, 2012, EPA 

published a final rule in the Federal 

Register approving Georgia State 

Implementation Plan (SIP) revisions, 

submitted through the Georgia 

Environmental Protection Division (GA 

EPD), related to reasonably available 

control technology (RACT) 

requirements. This correcting 

amendment corrects errors in the nonregulatory Code of Federal Regulations 

(CFR) language portion of the September 

28, 2012, final approval. Specifically, 

this correction pertains to negative 

declarations made by GA EPD in its 

October 21, 2009, SIP submittal for 

certain source categories for which EPA 

has issued control technique guidelines 

(CTG). EPA’s September 28, 2012, final 

rulemaking addressing Georgia’s RACT 

revisions, approved the negative 

declarations; however, they were 

inadvertently omitted from the actual 

CFR non-regulatory language at the end 

of the final action. 

DATES: Effective on March 19, 2013. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, 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. Jane 

Spann may be reached by phone at (404) 

562–9029 or by electronic mail address 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects an inadvertent omission 

in EPA’s September 28, 2012, final 

action approving Georgia’s RACT 

submittals. On October 21, 2009, 

Georgia submitted a SIP revision 

containing, among other things, the 

Atlanta Area RACT SIP. In this RACT 

submittal Georgia lists CTG source 

categories for which Georgia has rules or 

has made negative declarations.1 On 

July 31, 2012 (77 FR 45307), EPA 

proposed approval of Georgia’s October 

21, 2009, SIP revision, including the 

negative declarations included therein. 

In EPA’s September 28, 2012, final 

action (77 FR 59554), EPA approved 

Georgia’s October 21, 2009, submission, 

including the list of Georgia rules and 

negative declarations. Towards the end 

of the September 28, 2012, final action, 

EPA inadvertently omitted the list of 

negative declarations in the CFR nonregulatory language. Today’s correcting 

amendment will correct the CFR nonregulatory language to include the 

following information. Georgia made 

negative declarations in its October 21, 

2009, SIP submittal related to the 

following CTG source categories: 

1. Control of Volatile Organic 

Compound (VOC) Emissions from 

Reactor Processes and Distillation 

Operations in Synthetic Organic 

Chemical Manufacturing Industry 

(SOCMI) EPA–450/4–91–031, August 

1993. 

2. Control of VOC Emissions from 

Equipment Leaks from Natural Gas/ 

Gasoline Processing Plants EPA–450/3– 

83–007, December 1983. 

3. Control of VOC Leaks from 

Synthetic Organic Chemical Polymer 

and Resin Manufacturing Equipment 

EPA–450/3–83–006, March 1984. 

4. Control of VOC Emissions from Air 

Oxidation Processes in SOCMI, EPA– 

450/3–84–015, December 1984. 

EPA has determined that today’s 

correcting action falls under the ‘‘good 

cause’’ exemption in section 

553(b)(3)(B) of the 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 is unnecessary because 

today’s action simply makes a 

correction to a previous inadvertent 

omission in the non-regulatory text of 

the CFR. EPA previously provided for 

public notice and comment on the 

substantive SIP revision approval. In 

addition, EPA does not believe the 

public would be interested in 

commenting on the correction prior to 

this action being finalized, since this 

correction action does not change the 

conclusion of EPA’s analysis or action 

addressing approval of the Georgia 

RACT rules. 

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 of this action. 

Section 553(d)(3) of the 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 of the 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 action 

simply corrects an inadvertent omission 

in the CFR of a small portion of a SIP 

revision that EPA previously 

substantively approved. For these 


tkelley on DSK3SPTVN1PROD with RULES
16784 Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 

reasons, EPA finds good cause under 

APA section 553(d)(3) for this correction 

to become effective on the date of 

publication of this 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 also 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 explicitly 

lists the CTG source categories for 

which Georgia made a negative 

declaration, is consistent with the 

substantive revisions to the Georgia SIP 

described in the final approval of the 

Georgia RACT SIP revisions 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 of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule merely 

corrects an inadvertent omission for the 

non-regulatory text of EPA’s September 

28, 2012, final rule addressing the 

approval of the Georgia’s RACT SIP, 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 government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects an inadvertent omission for the 

non-regulatory text of EPA’s September 

28, 2012, final rule addressing the 

approval of the Georgia RACT SIP, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the 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 not economically 

significant. In addition, this rule does 

not involve technical standards, thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule also 

does not impose an information 

collection burden under the provisions 

of the 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 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 rule 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). 

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: March 7, 2013. 

A. Stanley Meiburg, 

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(e) is amended by 

adding new entries 38 through 41 to the 

table in numerical order to read as 

follows: 

§ 52.570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval 

date Explanation 

*******

38. Negative Declaration for Control of 

VOC Emissions from Reactor Processes 

and Distillation Operations in Synthetic 

Organic Chemical Manufacturing Industry (SOCMI) EPA–450/4–91–031, August 1993.

Atlanta 1997 8-Hour Ozone Nonattainment 

Area.

10/21/2009 09/28/2013 

39. Negative Declaration for Control of 

VOC Emissions from Equipment Leaks 

from Natural Gas/Gasoline Processing 

Plants EPA–450/3–83–007, December 

1983.

Atlanta 1997 8-Hour Ozone Nonattainment 

Area.

10/21/2009 09/28/2013 

40. Negative Declaration for Control of 

VOC Leaks from Synthetic Organic 

Chemical Polymer and Resin Manufacturing Equipment EPA–450/3–83–006, 

March 1984.

Atlanta 1997 8-Hour Ozone Nonattainment 

Area.

10/21/2009 09/28/2013 


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Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations 16785 

EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS—Continued 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval 

date Explanation 

41. Negative Declaration for Control of 

VOC Emissions from Air Oxidation Processes in Synthetic Organic Chemical 

Manufacturing Industry (SOCMI), EPA– 

450/3–84–015, December 1984.

Atlanta 1997 8-Hour Ozone Nonattainment 

Area.

10/21/2009 09/28/2013 

[FR Doc. 2013–06076 Filed 3–18–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0884; EPA–R05– 

OAR–2012–0970; FRL–9790–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Cleveland-Akron-Lorain and Columbus 

1997 8-Hour Ozone Maintenance Plan 

Revisions to Approved Motor Vehicle 

Emissions Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the request 

by Ohio to revise the Cleveland-AkronLorain and the Columbus, Ohio 1997 8- 

hour ozone maintenance air quality 

State Implementation Plans (SIPs) under 

the Clean Air Act (CAA) to replace the 

previously approved motor vehicle 

emissions budgets (budgets) with 

budgets developed using EPA’s Motor 

Vehicle Emissions Simulator (MOVES) 

emissions model. Ohio submitted the 

SIP revision requests to EPA on October 

30, 2012, and December 12, 2012, 

respectively. 

DATES: This direct final rule will be 

effective May 20, 2013, unless EPA 

receives adverse comments by April 18, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0884 and EPA–R05–OAR– 

2012–0970, by one of the following 

methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office 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 No. EPA–R05–OAR–2012– 

0884 and EPA–R05–OAR–2012–0970. 

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.gov, 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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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. Docket: All documents in the 

docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy at the Environmental 

Protection Agency, Region 5, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Anthony Maietta, 

Environmental Scientist, at (312) 353– 

8777 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Scientist, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What is EPA approving? 

II. What is the background for this action? 

a. SIP Budgets and Transportation 

Conformity 

b. Prior Approval of Budgets 

c. The MOVES Emissions Model and 

Regional Transportation Conformity 

Grace Period 

d. Submission of New Budgets Based on 

MOVES2010a 

III. What are the criteria for approval? 

IV. What Is EPA’s analysis of the State’s 

submittal? 

a. The Revised Inventories 

b. Approvability of the MOVES2010aBased Budgets 

c. Applicability of MOBILE6.2-Based 

Budgets 

V. What action is EPA taking? 

VI. Statutory and Executive Order Reviews 


tkelley on DSK3SPTVN1PROD with RULES