[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Rules and Regulations]
[Pages 6309-6314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2706]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0113-200709(a); FRL-9098-5]


Approval and Promulgation of Implementation Plans Georgia: State 
Implementation Plan Revision

AGENCY: Environmental Protection Agency (EPA)

ACTION: Direct final rule.

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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 April 12, 2010 without 
further notice, unless EPA receives adverse comment by March 11, 2010. 
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-OAR-2007-0113,'' by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: <a href="/cdn-cgi/l/email-protection#2042454e4a414d494e0e4c594e4f524145604550410e474f56"><span class="__cf_email__" data-cfemail="a8cacdc6c2c9c5c1c686c4d1c6c7dac9cde8cdd8c986cfc7de">[email protected]</span></a>.
    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 http://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 through http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://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 e-mail comment directly to EPA without 
going through http://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 home page at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some

[[Page 6310]]

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 http://www.regulations.gov 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 
<a href="/cdn-cgi/l/email-protection#345c55465051461a474055574d745144551a535b42"><span class="__cf_email__" data-cfemail="a5cdc4d7c1c0d78bd6d1c4c6dce5c0d5c48bc2cad3">[email protected]</span></a>.

Table of Contents

I. Background
II. Summary of Action
III. Final Action
IV. Statutory and Executive Order Reviews

SUPPLEMENTARY INFORMATION: 

I. 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.

II. Summary of Action

Rule 391-3-1-.01 ``Definitions''

1. 391-3-1-.01(llll) ``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 51.100(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-
C<INF>3</INF>F<INF>7</INF>OCH<INF>3</INF>) (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 (HCOOOCH<INF>3</INF>); 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 1, 1972. EPA is approving this revision 
to correct an inadvertent error by revising the language in this 
subparagraph, consistent 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.

[[Page 6311]]

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 (NO<INF>X</INF>) 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) ``NO<INF>X</INF> Emissions from Small Fuel-
Burning Equipment''
    Georgia is adding a new rule (rrr), titled ``NO<INF>X</INF> 
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 NO<INF>X</INF> 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 ([micro]g/m\3\) for PM<INF>10</INF>. The 
1997 standards for 24-hour PM<INF>2.5</INF> and annual PM<INF>2.5</INF> 
were set at 65 [micro]g/m\3\ and 15 [micro]g/m\3\, 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''
    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)(I). The revision modifies the definition of ``emergency 
generator'' which states the generator may provide back-up 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 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(l) 
of

[[Page 6312]]

the CAA. This revision became State effective on April 19, 2006.
b. 391-3-1-.03(6)(j) ``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(11) ``Permit by Rule''
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-burning 
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 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.

III. 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 April 12, 2010 
without further notice unless the Agency receives adverse comments by 
March 11, 2010.
    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 April 12, 2010 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 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:
    <bullet> 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

[[Page 6313]]

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 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 April 12, 2010. 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: December 11, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.


0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. Section Sec.  52.570(c) is amended by
0
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;''
0
b. Removing the entry for ``391-3-1-.05,'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                            State
        State citation              Title/subject      effective date     EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01..................   Definitions..........         7/13/06  2/9/09 [Insert          .................
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(d)............  Fuel-burning Equipment         7/20/05  2/9/09 [Insert          .................
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(tt)...........  VOC Emissions from              1/9/05  2/9/09 [Insert          .................
                                Major Sources.                          citation of
                                                                        publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(yy)...........  Emissions of Nitrogen           1/9/05  2/9/09 [Insert          .................
                                Oxides from Major                       citation of
                                Sources.                                publication].
 
                                                  * * * * * * *
391-3-1-.02(2)(rrr)..........  NOX Emissions from             3/27/06  2/9/09 [Insert          .................
                                Small Fuel-Burning                      citation of
                                Equipment.                              publication].
 
                                                  * * * * * * *
391-3-1-.02(4)...............  Ambient Air Standards.          1/9/05  2/9/09 [Insert          .................
                                                                        citation of
                                                                        publication].
391-3-1-.02(5)...............  Open Burning..........         7/13/06  2/9/09 [Insert          .................
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
391-3-1-.03..................  Permits...............         7/13/06  2/9/09 [Insert          .................
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
391-3-1-.05..................  Repealed..............         7/13/06  2/9/09 [Insert          .................
                                                                        citation of
                                                                        publication].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 6314]]

* * * * *
[FR Doc. 2010-2706 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P


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