Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27711 

EPA APPROVED HAWAII NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES—Continued 

Name of SIP provision 

Applicable geographic or nonattainment area 

State submittal date EPA approval 

date Explanation 

Subsection 2. Sulfur Oxides ... State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Subsection 3. Carbon Monoxide.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Subsection 4. Nitrogen Dioxide.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Subsection 5. Photochemical 

Oxidants.

State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘Control Strategy to 

Meet State Standards.’’ See State submittals 

dated May 8, 1972 and May 22, 1972, approved 

at 37 FR 15080 (July 27, 1972), and 40 CFR 

52.623. 

Sections VIII through XI:.

Section VIII—Prevention of 

Emergency Episodes.

State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Excluding subsection entitled, ‘‘State Plan.’’ See 

State submittals dated May 8, 1972 and May 22, 

1972, approved at 37 FR 15080 (July 27, 1972), 

and 40 CFR 52.623. 

Section IX—Compliance 

Schedule.

State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section X—Source Surveillance System.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section XI—Permit and Registration System.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section XII—Air Quality Surveillance Network: 

Section XII—Air Quality Surveillance Network.State-wide .......... 08/21/80 08/10/81, 46 FR 

40512.

Air Quality Surveillance Network, SIP Amendment— 

PM10.

State-wide .......... 09/14/88 07/09/04, 69 FR 

41431.

Sections XIII and XIV: 

Section XIII—Intergovernmental Cooperation.State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

Section XIV—Resources ........ State-wide .......... 01/28/72 05/31/72, 37 FR 

10842.

State of Hawaii Air Pollution Control Implementation Plan for Lead 

State of Hawaii Air Pollution Control Implementation Plan for 

Lead.

State-wide .......... 10/29/82 08/18/83, 48 FR 

37402.

Excluding section II (‘‘Notice of Public Hearing’’); 

Hawaii Statute on Environmental Quality, Chapter 

342, Hawaii Revised Statutes, section 342–7 [see 

74 FR 11037 (March 16, 2009)]; and section IV 

(‘‘Control Regulations’’). 

[FR Doc. E9–13590 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2008–0831–200825(a); 

FRL–8915–7] 

Approval and Promulgation of 

Implementation Plans Georgia: State 

Implementation Plan Revision 

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 


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27712 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

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 Contents 

I. 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 


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Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 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 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. 

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 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanation 

391–3–1–.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] 

* * * * * * * 


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27714 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

* * * * * 

[FR Doc. E9–13591 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0230; FRL–8900–8] 

Revisions to the California State 

Implementation Plan, Monterey Bay 

Unified Air Pollution Control District, 

Placer County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Monterey Bay Unified Air Pollution 

Control District (MBUAPCD) and Placer 

County Air Pollution Control District 

(PCAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

storage tanks and the operation of steam 

drive crude oil production wells. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on August 

10, 2009 without further notice, unless 

EPA receives adverse comments by July 

13, 2009. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0230, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, (415) 947– 

4126, Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rule revisions? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations to Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

MBUAPCD ................................... 427 Steam Drive Crude Oil Production Wells ......................................... 10/17/07 03/07/08 

PCAPCD ...................................... 212 Storage of Organic Liquids ............................................................... 06/19/97 07/18/08 

On April 17, 2008 and August 22, 

2008, these rule submittals were found 

to meet the completeness criteria in 40 

CFR Part 51, Appendix V, which must 

be met before formal EPA review. 

B. Are there other versions of these 

rules? 

We approved versions of MBUAPCD 

Rule 427 and PCAPCD Rule 212 into the 

SIP on August 22, 2002 (see 67 FR 

54349) and May 6, 1996 (see 61 FR 

20145). There have been no subsequent 

submittals of these rules. 

C. What is the purpose of the submitted 

rule revisions? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. PCAPCD Rule 212 limits 

emissions of VOCs from storage tanks. 

The June 19, 2008 amendments to Rule 

212 are mostly administrative changes 

to improve on the formatting and clarity 

of the rule. MBUAPCD Rule 427 limits 

emissions of VOCs from the operation of 

steam drive crude oil production wells. 

The majority of the October 17, 2007 

amendments to Rule 427 were editorial 

in nature, and the major changes made 

narrowed an exemption and required 

documentation to claim exemption. 

EPA’s technical support documents 

(TSD) have more information about 

these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 


cprice-sewell on PRODPC61 with RULES