Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Environmental Protection Agency 40 CFR Part 52
[EPA-R04-OAR-2008-0831-200825(a); FRL-8915-7]
 AGENCY: Environmental Protection Agency (EPA).
 ACTION: Direct final rule.
 SUMMARY: EPA is taking direct final action to approve the State Implementation Plan (SIP) revision submitted by the Georgia Department of Natural Resources (DNR), through the Georgia Environmental Protection Division (EPD), on June 25, 2008. The revisions include modifications to Georgia's Air Quality Rules found at Chapters 391-3-1-.01, and 391-3-1-.02, pertaining to “Definitions,” and “Emission Limitations and Standards,” respectively. This action is being taken 
                        ( print page 27712)
                        pursuant to section 110 of the Clean Air Act (CAA).
 DATES: This direct final rule is effective August 10, 2009 without further notice, unless EPA receives adverse comment by July 13, 2009. 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 No. EPA-R04-OAR-2008-0831, by one of the following methods: 1. 
                        *http://www.regulations.gov:*
                         Follow the on-line instructions for submitting comments. 2. 
                        *E-mail:**harder.stacy@epa.gov.* 3. 
                        *Fax:*
                         404-562-9019. 4. 
                        *Mail:*
                         “EPA-R04-OAR-2008-0831,” 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:*
                         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. 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-2008-0831.” 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: 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.*


SUPPLEMENTARY INFORMATION: Table of ContentsI. EPA's Action
                    II. Analysis of the State's Submittal
                    III. Final Action
                    IV. Statutory and Executive Order Reviews
 I. EPA's Action EPA is approving a SIP revision submitted by the DNR through EPD on June 25, 2008. The revisions include changes to Georgia's Air Quality Rules, found at Chapters 391-3-1-.01, and 391-3-1-.02, pertaining to “Definitions,” and “Emission Limitations and Standards,” respectively. These revisions became State effective on June 8, 2008. II. Analysis of State's Submittal Georgia is revising rule 391-3-1-.01, “Definitions,” subparagraph (nnnn), pertaining to “Procedures for Testing and Monitoring Sources of Air Pollutants.” The revised language updates the rule to reference the most current version of the procedures which is dated January 1, 2008. Additionally, Georgia is revising rule 391-3-1-.02(2), “Emission Limitations and Standards,” subparagraph (a) relating to “General Provisions.” Georgia is amending subparagraph (a)(6), “VOC Emissions Standards, Exemptions, Area Designations, Compliance Schedules and Compliance Determinations,” to provide clarification and consistency with rules referenced in the general provisions. Specifically, the revision removes language to subparagraphs 6(i)(II) and (III) to clarify the rules that the subparagraphs are referencing. The revision also removes a specific compliance schedule under subparagraph 6(ii)(II) that is no longer applicable, and was implemented by 1994. III. Final Action EPA is taking direct final action to approve the aforementioned revisions, specifically, Chapters 391-3-1-.01(nnnn) and 391-3-1-.02(2), into the Georgia SIP. These revisions were submitted by GA EPD on June 25, 2008. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial submittal 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 revision should adverse comments be filed. This rule will be effective August 10, 2009 without further notice unless the Agency receives adverse comments by July 13, 2009. If the 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 August 10, 2009 and no further action will be taken on the proposed rule. Please note that if we 
                    ( print page 27713)
                    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: Is not a “significant regulatory action” subject to review by the Office of Management and Budget underExecutive 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 inExecutive Order 13132 (64 FR 43255, August 10, 1999);
                Is not an economically significant regulatory action based on health or safety risks subject toExecutive Order 13045 (62 FR 19885, April 23, 1997);
                Is not a significant regulatory action subject toExecutive 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, underExecutive 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 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 August 10, 2009. 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 this 
                    **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
Lead
Nitrogen dioxide
Ozone
Particulate matter
Reporting and recordkeeping requirements
Sulfur oxides
Volatile organic compounds
 Dated: June 1, 2009. Beverly H. Banister, 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(c) is amended by revising the entries for “391-3-1-.01, and 391-3-1-.02” to read as follows: § 52.570
  
 (c) * * * EPA-Approved Georgia Regulations
State citation
Title/subject
State
                                     effective date
EPA approval date
Explanation391-3-1-.01
Definitions
6/8/2008
6/11/2009
                                     [Insert citation of publication]391-3-1-.02
Provisions
6/8/2008
6/11/2009
                                     [Insert citation of publication]*         *         *         *         *       *       *


[FR Doc. E9-13591 Filed 6-10-09; 8:45 am] BILLING CODE 6560-50-P