23812 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

Signed at Washington, DC, this 15th day of 

May 2009. 

Shelby Hallmark, 

Acting Assistant Secretary for Employment 

Standards. 

Andrew Auerbach, 

Deputy Director, Office of Labor-Management 

Standards. 

[FR Doc. E9–11813 Filed 5–20–09; 8:45 am] 

BILLING CODE 4510–CP–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2006–0649–200749; FRL– 

8909–1] 

Approval and Promulgation of 

Implementation Plans Georgia: 

Revisions to State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the Georgia State 

Implementation Plan (SIP), submitted 

by the Georgia Environmental 

Protection Division (GA EPD) in three 

submittals dated October 31, 2006, 

March 5, 2007, and August 22, 2007. 

The submittals include modifications to 

Georgia’s Rules for Air Quality Control, 

Chapter 391–3–1. The October 31, 2006, 

revision includes changes to ‘‘Permit 

Exemption for Combustion Equipment.’’ 

The March 5, 2007, revisions include 

changes to ‘‘NOX (Nitrogen Oxides) 

Emissions from Electric Utility Steam 

Generating Units,’’ and ‘‘Emission 

Statements.’’ Finally, the August 22, 

2007, submittal contains revisions to 

‘‘Volatile Organic Compound,’’ 

‘‘Provisions,’’ and ‘‘Stationary Engines.’’ 

EPA is not acting on the August 22, 

2007, revisions to rule 391–3–1–.03(6) 

‘‘Exemptions, Combustion Equipment’’ 

in this action. EPA is also not acting on 

the August 22, 2007, revisions to rule 

391–3–1–.03(9), as it is not part of the 

federally-approved SIP. These 

submittals included revisions to 

Georgia’s Prevention of Signification 

Deterioration and Nonattainment New 

Source Review programs, which EPA 

addressed in a separate action (73 FR 

51606). This action is being taken 

pursuant to section 110 of the Clean Air 

Act (CAA). 

DATES: Written comments must be 

received on or before June 22, 2009. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. ‘‘EPA–R04– 

OAR–2006–0649,’’ by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2006– 

0649,’’ 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, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, 12th floor, 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 to 4:30, excluding federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2006– 

0649.’’ 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 homepage 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 

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 to 4:30, 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

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 harder.stacy@epa.gov. 

Table of Contents 

I. EPA’s Action 

II. Analysis of Georgia’s Submittals 

III. Proposed Action 

IV. Statutory and Executive Order Reviews 

SUPPLEMENTARY INFORMATION: 

I. EPA’s Action 

On October 31, 2006, March 5, 2007, 

and August 22, 2007, GA EPD submitted 

proposed SIP revisions to EPA for 

review and approval into the Georgia 

SIP. The rules became state effective on 

April 19, 2006, March 12, 2007, and July 

25, 2007, respectively. The revisions 

include changes made by the State of 

Georgia to Chapter 391–3–1. 

Specifically, the October 31, 2006, 

revision includes changes to Rule 391– 

3–1–.03(6)(b) ‘‘Permit Exemption for 

Combustion Equipment.’’ The March 5, 

2007, revisions include changes to Rules 

391–3–1–.02(2)(jjj) ‘‘NOX Emissions 

from Electric Utility Steam Generating 

Units,’’ and 391–3–1–.02(6)(a)4 

‘‘Emission Statements.’’ Finally, the 

August 22, 2007, submittal contains 

revisions to Rules 391–3–1–.01(llll) 


dwashington3 on PROD1PC60 with PROPOSALS-1
Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 23813 

‘‘Volatile Organic Compound,’’ 391–3– 

1–.02 ‘‘Provisions,’’ and 391–3–1– 

.03(6)(b)11 ‘‘Stationary Engines.’’ EPA is 

now proposing to approve these 

revisions. The revisions summarized 

below are approvable pursuant to 

section 110 of the CAA. 

EPA is not acting on the August 22, 

2007, revisions to rule 391–3–1–.03(6) 

‘‘Exemptions, Combustion Equipment’’ 

in this action. Additionally, EPA is not 

acting on the August 22, 2007, revisions 

to rule 391–3–1–.03(9), as it is not part 

of the federally-approved SIP. 

II. Analysis of Georgia’s Submittals 

October 31, 2006, Submittal 

Rule 391–3–1–.03(6)(b), ‘‘Permit 

Exemption for Combustion Equipment’’ 

This revision adds two new 

subparagraphs, (b)14 and 15, for the 

purpose of exempting temporary boilers 

and electric generators that are used to 

replace a facility’s boilers or generators 

during periods of repair or maintenance, 

from the requirement to obtain a permit. 

Fuel-burning equipment that remains at 

a location for more than 180 consecutive 

days is no longer considered to be a 

temporary boiler. Temporary fuelburning equipment that replaces 

temporary equipment at a location to 

perform the same function will be 

included in calculating the total 

consecutive time period. This revision 

provides language stating the exemption 

is permissible ‘‘provided the actual and 

potential emissions of the temporary 

sources do not exceed that of the main 

source.’’ This rule revision is meant to 

streamline the permitting process for 

certain operators, and no longer requires 

stationary sources that install temporary 

boilers and electric generators to obtain 

a permit for the temporary equipment 

operated during periods of maintenance 

or repair. 

March 5, 2007, Submittal 

Rule 391–3–1–.02(2)(jjj), ‘‘NOX

Emissions from Electric Utility Steam 

Generating Units’’ 

The revision amends NOX emission 

limits in subparagraphs (jjj)4.,5.,6.,7., 

and 8., for coal-fired electric utility 

steam generating units with a maximum 

heat input greater than 250 Million 

British thermal units per hour (MMBtu/ 

hr). The limit is based on a 30-day 

rolling average (averaged over all 

existing units) and was effective at the 

beginning of the 2007 ozone season, 

which runs from May 1st through 

September 30th in Georgia. Consistent 

with the existing regulation, unitspecific NOX limits are to be established 

in a permit. This limit is also included 

as part of the Macon, Georgia, 8-hour 

ozone maintenance plan (72 FR 53432). 

Subparagraph 4 specifies that the 

previous NOX emissions limit of 0.20 lb/ 

MMBtu was effective through 

September 30, 2006. Subparagraph 5, 

which was effective May 1, 2007, lowers 

the existing 7-plant emission limit to 

0.18 lb/MMBtu, to account for lower 

NOX emissions from Plant Scherer. The 

requirements of subparagraphs 4 and 5 

apply to all sources located in Bartow, 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Floyd, 

Forsyth, Fulton, Gwinnett, Heard, 

Henry, Monroe, Paulding, Putnam, and 

Rockdale Counties. 

Subparagraph 6 establishes an ozone 

season NOX emission limit of 0.17 lb/ 

MMBtu for Georgia Power’s Plant 

Scherer, located in Monroe County. The 

requirements in subparagraph 6 apply to 

sources located in Monroe County. 

These revisions also establish an ozone 

season NOX emissions limit for Georgia 

Power’s Plant Scherer, which is located 

in the Macon area, and also contributes 

to ozone levels in the Atlanta 

nonattainment area. 

Rule 391–3–1–.02(6)(a)4, ‘‘Emission 

Statements’’ 

The revision amends subparagraph 

(a)4 to revise the emission statement 

requirements to be consistent with the 

Federal regulations for 8-hour ozone 

nonattainment areas. The Emission 

Statement deadline is changed from July 

31st to June 15th of each calendar year. 

Additionally, applicability of the 

requirements is expanded to include the 

counties of Barrow, Bartow, Carroll, 

Hall, Newton, Spalding and Walton, 

which are parts of the Atlanta 8-hour 

ozone nonattainment area. The basis of 

this rule is to require submission of NOX

and volatile organic compounds (VOC) 

emissions inventories for sources 

located in the Atlanta ozone nonattainment area. The purpose of the 

revision is to make the rule consistent 

with current federal regulations for 8- 

hour ozone nonattainment areas. 

August 22, 2007, Submittal 

Rule 391–3–1–.01(llll), ‘‘Volatile 

Organic Compound’’ 

The revision submitted by GA EPD 

adds one compound to the list of those 

excluded from the definition of VOC, on 

the basis that the compound makes a 

negligible contribution to ozone 

formation. Tropospheric ozone, 

commonly known as smog, occurs when 

VOCs and NOX react in the atmosphere. 

Because of the harmful health effects of 

ozone, EPA limits the amount of VOCs 

and NOX that can be released into the 

atmosphere. VOCs are those compounds 

of carbon (excluding carbon monoxide, 

carbon dioxide, carbonic acid, metallic 

carbides, or carbonates, and ammonium 

carbonate) which form ozone through 

atmospheric photochemical reactions. 

Compounds of carbon (or organic 

compounds) have different levels of 

reactivity; they do not react at the same 

speed, or do not form ozone to the same 

extent. 

It has been EPA’s policy 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. GA EPD’s revision modified the 

definition of VOC to exclude: 

1,1,1,2,2,3,4,5,5,5-decafluoro-3- 

methoxy-4-trifluoromethylpentane. 

This revision updates the definition of 

VOC, to comply with the Federal list of 

compounds designated as having 

negligible photochemical reactivity. 

Rule 391–3–1–.02, ‘‘Provisions’’ 

GA EPD is revising paragraph (12) 

‘‘Clean Air Interstate Rule NOX Annual 

Trading Program,’’ by deleting 

inadvertent references and inserting the 

correct references in subparagraphs 

(f)3(iii), (g)1(i) and (g)1(ii). The rule is 

being revised to correct cross-references. 

Subparagraph (f)3(iii) inadvertently 

references the wrong subparagraphs for 

determining the control period for 

baseline heat input for NOX allocations. 

Revisions to subparagraph (f)3(iii) 

updates the reference to subparagraph 

(f)2(i) and (ii), and (f)2.(iii) with 

references to subparagraphs (f)3.(i) and 

(ii), and (f)3.(i) through (f)3.(ii), 

respectively. Subparagraphs (g)1.(i) and 

(ii) are amended to be consistent with 

the changes to subparagraph (f)3.(iii) 

above, as well as to add a wording 

change to clarify the control period. 

Specifically, the reference in 

subparagraph (g)1.(i) currently stated as 

‘‘(f)2. through (f)3.,’’ is updated to 

correctly read ‘‘(f)1.(i).’’ The current 

reference in (g)1.(ii) to subparagraph 

(f)2. through (f)3 is also revised to 

‘‘(f)1.(ii).’’ Additionally, the words ‘‘that 

is four years’’ are added to describe the 

control period in subparagraph (g)1.(ii). 


dwashington3 on PROD1PC60 with PROPOSALS-1
23814 Federal Register / Vol. 74, No. 97 / Thursday, May 21, 2009 / Proposed Rules 

Rule 391–3–1–.03(6)(b)11, ‘‘Stationary 

Engines’’ 

The revision corrects an inadvertent 

error in subparagraphs (iii) and (iv) to 

read ‘‘hours-per-year,’’ rather than 

‘‘hours-per-hour.’’ 

III. Proposed Action 

EPA is proposing to approve the 

aforementioned revisions, specifically, 

Chapters 391–3–1–.03(6)(b), 391–3–1– 

.02(2)(jjj), 391–3–1–.02(6)(a)4, 391–3–1– 

.01(llll), 391–3–1–.02, and 391–3–1– 

.03(6)(b)11, into the Georgia SIP. These 

revisions were submitted by GA EPD on 

October 31, 2006, March 5, 2007, and 

August 22, 2007. 

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 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 FR 43255, 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 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, Carbon monoxide, 

Incorporated by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: May 11, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. E9–11909 Filed 5–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 84 

[Docket Number NIOSH–005] 

RIN 0920–AA10 

Approval Tests and Standards for 

Closed-Circuit Escape Respirators 

AGENCY: Centers for Disease Control and 

Prevention, HHS. 

ACTION: Notice of proposed rulemaking; 

reopening of comment period. 

SUMMARY: The Department of Health and 

Human Services (DHHS) is reopening 

the comment period until June 19, 2009 

concerning the proposed rule for 

Approval Tests and Standards for 

Closed-Circuit Escape Respirators that 

was published in the Federal Register 

on Wednesday, December 10, 2008 (73 

FR 75027). The previous comment 

period closed on April 10, 2009. 

DATES: All written comments on the 

proposed rule must be received on or 

before June 5, 2009. 

ADDRESSES: You may submit comments, 

identified by RIN: 0920–AA10, by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: niocindocket@cdc.gov. 

Include ‘‘RIN: 0920–AA10’’ and ‘‘42 

CFR pt. 84’’ in the subject line of the 

message. 

• Mail: NIOSH Docket Office, Docket 

#005, Robert A. Taft Laboratories, MS– 

C34, 4676 Columbia Parkway, 

Cincinnati, OH 45226. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

rulemaking, RIN: 0920–AA10. All 

comments received will be posted 

without change to http://www.cdc.gov/ 

niosh/docket, including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.cdc.gov/niosh/docket. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan V. Szalajda, NIOSH, National 

Personal Protective Technology 

Laboratory (NPPTL), Post Office Box 

18070, 626 Cochrans Mill Road, 

Pittsburgh, Pennsylvania 15236, 

telephone (412) 386–5200, facsimile 

(412) 386–4089, e-mail zfx1@cdc.gov. 

SUPPLEMENTARY INFORMATION: The 

Department of Health and Human 

Services published a proposed rule on 

the Approval Tests and Standards for 

Closed-Circuit Escape Respirators on 

December 10, 2008 and asked for 

comments on or before February 9, 2009 

(73 FR 75027). On March 4, 2009 the 

Department published a document 

announcing two public meetings and 

reopening the comment period for this 

proposed rule until April 10, 2009 (74 

FR 9380). The Department held the two 

public meetings on March 16, 2009 and 

March 23, 2009. Commenters at the 

meeting requested additional time to 

review data and provide additional 

comment regarding the proposal. After 

reviewing the record, the Department 

has concluded that reopening the 

comment period until June 12, 2009 is 

reasonable. 

Dated: May 15, 2009. 

Ashley Files Flory, 

Acting Executive Secretary to the Department. 

[FR Doc. E9–11938 Filed 5–20–09; 8:45 am] 

BILLING CODE 4163–18–P 


dwashington3 on PROD1PC60 with PROPOSALS-1