80 FR 45609 - Approval and Promulgation of Implementation Plans; Georgia: Revisions to Definitions and Ambient Air Quality Standards
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 147 (July 31, 2015)
Federal Register Volume 80, Issue 147 (July 31, 2015)
| Page Range | 45609-45613 | |
| FR Document | 2015-18758 |
[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)] [Rules and Regulations] [Pages 45609-45613] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18758] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0413; FRL-9931-65-Region 4] Approval and Promulgation of Implementation Plans; Georgia: Revisions to Definitions and Ambient Air Quality Standards AGENCY: Environmental Protection Agency. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve portions of State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD), on August 30, 2010, December 15, 2011, and November 12, 2014. The SIP submittals include changes to GA EPD's air quality rules that, among other things, modify definitions and modify the ambient air standards for fine particulate matter. The portions of the SIP revisions that EPA is approving are consistent with the requirements of the Clean Air Act (CAA). DATES: This direct final rule is effective September 29, 2015 without further notice, unless EPA receives adverse comment by August 31, 2015. 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-2015-0413, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: [email protected]. 3. Fax: (404) 562-9019. 4. Mail: ``EPA-R04-OAR-2015-0413,'' Air Regulatory Management Section (formerly Regulatory Development Section), Air Planning and Implementation Branch (formerly 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: Lynorae Benjamin, Chief, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such [[Page 45610]] 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 No. ``EPA-R04-OAR- 2015-0413.'' EPA's policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit through www.regulations.gov or email, information that you consider to be CBI or otherwise protected. The www.regulations.gov Web site is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. 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 www.regulations.gov index. Although listed in the index, some information may not be 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 www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation 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: D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by phone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On August 30, 2010, December 15, 2011, and November 12, 2014, GA EPD submitted SIP revisions to EPA for review and approval into the Georgia SIP that contain changes to a number of Georgia's air quality rules at rule chapter 391-3-1. The changes that EPA is approving into the SIP today modify portions of Rule 391-3-1-.01--``Definitions,'' and Rule 391-3-1-.02(4)--``Ambient Air Standards.'' The changes requested by Georgia in the three SIP revisions are discussed below. EPA is not acting on the changes to the following rule sections proposed by Georgia because the rule sections are not incorporated into the SIP: Rule 391-3-1-.02(8)(b)--``New Source Performance Standards'' (August 30, 2010, and November 12, 2014, submittals); Rule 391-3- 1-.02(9)(b)--``Emission Standards for Hazardous Air Pollutants'' (August 30, 2010, December 15, 2011, and November 12, 2014, submittals); Rule 391-3-1-.03(9)--``Permit Fees'' (August 30, 2010, and December 15, 2011, submittals); Rule 391-3-1-.02(2)(www)--``Sewage Sludge Incineration Units Constructed On or Before October 14, 2010'' (November 12, 2014, submittal); and Rule 391-3-1-.03(10)--``Title V Operating Permits'' (November 12, 2014, submittal). EPA is not acting on changes to Rule 391-3-1-.02(2)(uuu)--``SO2 Emissions from Electric Utility Steam Generating Units,'' included in the December 15, 2011, submittal because the rule is not part of the SIP and the State's prior request to incorporate the rule into the SIP was withdrawn from EPA consideration by the State in a letter dated December 9, 2014. At this time, the Agency is not acting on changes to Rule 391-3- 1-.01(cccc)--``Synthetic Minor Permits'' or related changes to Rule 391-3-1-.03(11)--``Permit by Rule,'' in the December 15, 2011, submittal or changes to Rule 391-3-1-.03(8) in the December 15, 2011, submittal because those revisions will be addressed in a separate action. Changes to Rule 391-3-1-.02(4)--``Ambient Air Standards,'' from the August 30, 2010, and December 15, 2011, submittals were previously approved, and therefore, are not before the EPA for consideration in today's action. See 78 FR 28744 (May 16, 2013). EPA is also not acting on changes to Rule 391-3-1-.02(7)-- ``Prevention of Significant Deterioration'' in the December 15, 2011, or November 12, 2014, submittals at this time because these changes will be addressed in a separate action. The Agency is not acting on changes to Rule 391-3-1-.02(7) from two August 30, 2010, submittals because the changes were previously submitted to EPA in an October 31, 2006, submittal and approved into the SIP. See 75 FR 71018 (November 22, 2010). Finally, EPA is not taking action on changes to Rule 391-3- 1-.03(13)(c)--``Quantification of Emission Reduction Credits,'' included in one August 30, 2010, submittal, because the version of the rule in the SIP already contains the requested language.\1\ --------------------------------------------------------------------------- \1\ Following EPA's approval of Rule 391-3-1-.03(13) into the SIP, the State modified provision 391-3-1-.03(13)(c) and submitted that change to EPA as a SIP revision on March 5, 2007. EPA disapproved that change on December 30, 2008. See 73 FR 79653. Georgia subsequently reverted to the original language in 391-3- 1-.03(13)(c) and submitted that original language to EPA for approval in its August 30, 2010, SIP revision. Because the version of 391-3-1-.03(13)(c) incorporated into the SIP did not change to reflect the State's proposed 2007 modification, there is currently no modification for EPA to act on. --------------------------------------------------------------------------- II. Analysis of Georgia's Submittals A. Rule 391-3-1-.01--``Definitions'' 1. Rule 391-3-1-.01(llll)--``Volatile Organic Compound'' Georgia is amending its definition of volatile organic compound (VOC) at Rule 391-3-.01(llll) \2\ by adding eight additional compounds to the list of [[Page 45611]] compounds excluded from the definition of VOC and by excluding one compound from VOC emissions limitations or VOC content requirements (this compound remains a ``VOC'' for recordkeeping, emissions inventories, and modeling purposes). GA EPD is revising its definition of VOC to reflect modifications to the Federal definition at 40 CFR 51.100(s) made by EPA on February 20, 2009 (74 FR 3437) (reflected in the August 30, 2010, submittal) and on November 29, 2004 (69 FR 69298), February 12, 2013 (78 FR 9823), August 28, 2013 (78 FR 53029), and October 22, 2013 (78 FR 62451) (reflected in the November 12, 2014, submittal). --------------------------------------------------------------------------- \2\ Additionally, GA EPD submitted a change to Rule 391-3- 1-.01(llll) (and changes to several other rules) to EPA in an October 31, 2006, submittal (available at Docket ID: EPA-R04-OAR- 2006-0649-201059). However, GA EPD did not request that EPA act to approve many of these changes into the SIP, including the change to Rule 391-3-1-.01(llll), in the submittal cover letter. Therefore, EPA does not consider the changes in the October 31, 2006, submittal that were not identified by the State for approval into the SIP to be part of an official SIP revision package. EPA has acted only on the rule changes in the October 31, 2006, submittal that Georgia requested for inclusion into the SIP. See 74 FR 62249 and 75 FR 71018 (November 27, 2009; November 22, 2010). --------------------------------------------------------------------------- EPA's policy is that compounds of carbon with a negligible level of reactivity need not be regulated to reduce ozone. See 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 excludes these compounds in its definition of VOC at 40 CFR 51.100(s). The chemicals on this list are often called ``negligibly reactive.'' EPA may periodically add compounds to or delete compounds from the list of negligibly reactive compounds in 40 CFR 51.100(s). The changes approved to the SIP today update the definition of VOC at Rule 391-3-1-.01(llll) for consistency with the definition of VOC at 40 CFR 51.100(s) by: (1) Adding eight additional compounds to the list of compounds excluded from the definition of VOC; \3\ and (2) adding the following paragraph to clarify the status of t-butyl acetate-- ``[t]he following compound(s) are VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but are not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.'' --------------------------------------------------------------------------- \3\ The eight compounds are: propylene carbonate; dimethyl carbonate; HCF2 OCF2 H (HFE-134); HCF2 OCF2 OCF2 H (HFE-236cal2); HCF2 OCF2 CF2 OCF2 H (HFE- 338pcc13); HCF2 OCF2 OCF2 CF2 OCF2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)); trans-1- chloro-3,3,3-trifluoroprop-1-ene; and 2,3,3,3-tetrafluoropropene. These compounds are excluded from the Federal definition of VOC at 40 CFR 51.100(s). --------------------------------------------------------------------------- EPA is approving these changes to Rule 391-3-1-.01(llll) into the SIP to maintain consistency with the Federal definition of VOC at 40 CFR 51.100(s). These rule changes became state effective on July 20, 2009, and October 14, 2014. 2. 391-3-1-.01(nnnn)--``Procedures for Testing and Monitoring Sources of Air Pollutants'' In the November 12, 2014, submittal, Georgia is amending the definition of ``Procedures for Testing and Monitoring Sources of Air Pollutants'' at Rule 391-3-1-.01(nnnn) to reference the February 7, 2014, version of the Georgia Department of Natural Resources document entitled ``Procedures for Testing and Monitoring Sources of Air Pollutants.'' The purpose of that document is to identify the procedures used for testing and monitoring the air pollutant sources. The August 30, 2010, submittal revised the date of the document to reflect then-current version of the document, dated March 1, 2009; and the December 15, 2011, submittal revised the date to the then-current version, dated February 1, 2011. However, the more current November 12, 2014, SIP submittal revised the date to reflect the February 7, 2014, version of the document, and this revision supersedes the revisions submitted on August 30, 2010, and December 15, 2011. This change to the SIP is approvable because it merely updates the date of the ``Procedures for Testing and Monitoring Sources of Air Pollutants'' document referenced in the SIP-approved version of Rule 391-3- 1-.01(nnnn). The revision to this rule in the November 12, 2014, SIP revision became state effective on October 14, 2014. B. Rule 391-3-1-.02(4)--``Ambient Air Standards'' Georgia is amending Rule 391-3-1-.02(4)(c)2.(ii), relating to the ambient air standards for fine particulate matter (PM2.5 ), to reflect the 2012 annual national ambient air quality standards (NAAQS) for this pollutant, set at 12.0 micrograms per cubic meter on December 14, 2012. See 78 FR 3086 (January 15, 2013). EPA is approving this revision to the Georgia SIP to maintain consistency with the PM2.5 NAAQS at the time that the submission was provided to EPA. Georgia's rule revision became state effective on October 14, 2014. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporate by reference of the revised definition of ``Volatile Organic Compound'' at Rule 391-3-1-.01(llll) (state effective on July 20, 2009, and October 14, 2014), the revised definition of ``Procedures for Testing and Monitoring Sources of Air Pollutants'' at Rule 391-3-1-.01(nnnn) (state effective on October 14, 2014), and the revisions to the PM2.5 ambient air standard at Rule 391-3-1-.02(4)(c)2.(ii) (state effective on October 14, 2014). EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Final Action EPA is taking direct final action to approve the changes to the Georgia SIP specifically identified in section II, above, because these changes are consistent with the CAA. 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 changes should adverse comments be filed. This rule will be effective September 29, 2015 without further notice unless the Agency receives adverse comments by August 31, 2015. 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 September 29, 2015 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. V. 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. See 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 [[Page 45612]] 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 29, 2015. 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, Incorporation by reference, Intergovernmental relations, Particulate matter, Volatile organic compounds. Dated: July 22, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 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 52.570(c) is amended by revising the entries for ``391-3- 1-.01'' and ``391-3-1-.02(4)'' 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......... 10/14/2014 7/31/2015, [Insert .................... citation of publication]. * * * * * * * 391-3-1-.02(4)................ Ambient Air 10/14/2014 7/31/2015, [Insert .................... Standards. citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-18758 Filed 7-30-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45609
Fairness Act of 1996, generally provides review may be filed, and shall not Authority: 42 U.S.C. 7401 et seq.
that before a rule may take effect, the postpone the effectiveness of such rule Dated: July 1, 2015.
agency promulgating the rule must or action. Parties with objections to this Shaun L. McGrath,
submit a rule report, which includes a direct final rule are encouraged to file a Regional Administrator, Region 8.
copy of the rule, to each House of the comment in response to the parallel
Congress and to the Comptroller General notice of proposed rulemaking for this 40 CFR part 52 is amended as follows:
of the United States. EPA will submit a action published in the proposed rules
report containing this rule and other section of today’s Federal Register, PART 52—APPROVAL AND
required information to the U.S. Senate, rather than file an immediate petition PROMULGATION OF
the U.S. House of Representatives, and for judicial review of this direct final IMPLEMENTATION PLANS
the Comptroller General of the United rule, so that EPA can withdraw this
States prior to publication of the rule in direct final rule and address the ■ 1. The authority for citation for part 52
the Federal Register. A major rule comment in the proposed rulemaking. continues to read as follows:
cannot take effect until 60 days after it This action may not be challenged later
Authority: 42 U.S.C. 7401 et seq.
is published in the Federal Register. in proceedings to enforce its
This action is not a ‘‘major rule’’ as requirements. (See CAA section Subpart ZZ—Wyoming
defined by 5 U.S.C. 804(2). 307(b)(2).)
Under section 307(b)(1) of the Clean
List of Subjects in 40 CFR Part 52 ■ 2. In § 52.2620, the table titled ‘‘State
Air Act, petitions for judicial review of
Environmental protection, Air of Wyoming Regulations’’ in paragraph
this action must be filed in the United
pollution control, Carbon monoxide, (c)(1) is amended under Chapter 2 by
States Court of Appeals for the
Incorporation by reference, revising the entry for section 4 to read
appropriate circuit by September 29,
Intergovernmental relations, as follows:
2015. Filing a petition for
reconsideration by the Administrator of Greenhouse gases, Lead, Nitrogen § 52.2620 Identification of plan.
this final rule does not affect the finality dioxide, Ozone, Particulate matter, * * * * *
of this action for the purposes of judicial Reporting and recordkeeping
review nor does it extend the time requirements, Sulfur oxides, Volatile (c) * * *
within which a petition for judicial organic compounds. (1) * * *
State adopted and effective EPA approval date and cita-
State citation Title/subject Explanations
date tion 1
* * * * * * *
Chapter 2
Section 4 ................. Ambient standards for sulfur 10/5/2012, 12/19/2012 ........ 7/31/15, [insert Federal
oxides. Register citation].
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision that is listed in this table, consult the Federal Register cited in this col-
umn for that particular provision.
* * * * * through the Georgia Department of OAR–2015–0413, by one of the
[FR Doc. 2015–18515 Filed 7–30–15; 8:45 am] Natural Resources’ Environmental following methods:
BILLING CODE 6560–50–P Protection Division (GA EPD), on 1. www.regulations.gov: Follow the
August 30, 2010, December 15, 2011, on-line instructions for submitting
and November 12, 2014. The SIP comments.
ENVIRONMENTAL PROTECTION submittals include changes to GA EPD’s 2. Email: R4-ARMS@epa.gov.
AGENCY air quality rules that, among other 3. Fax: (404) 562–9019.
things, modify definitions and modify 4. Mail: ‘‘EPA–R04–OAR–2015–
40 CFR Part 52 the ambient air standards for fine 0413,’’ Air Regulatory Management
[EPA–R04–OAR–2015–0413; FRL–9931–65– particulate matter. The portions of the Section (formerly Regulatory
Region 4] SIP revisions that EPA is approving are Development Section), Air Planning and
consistent with the requirements of the Implementation Branch (formerly Air
Approval and Promulgation of Clean Air Act (CAA). Planning Branch), Air, Pesticides and
Implementation Plans; Georgia: Toxics Management Division, U.S.
Revisions to Definitions and Ambient DATES: This direct final rule is effective
September 29, 2015 without further Environmental Protection Agency,
Air Quality Standards Region 4, 61 Forsyth Street SW.,
notice, unless EPA receives adverse
AGENCY: Environmental Protection comment by August 31, 2015. If EPA Atlanta, Georgia 30303–8960.
Agency. receives such comments, it will publish 5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Air Regulatory
rmajette on DSK2VPTVN1PROD with RULES
ACTION: Direct final rule. a timely withdrawal of the direct final
rule in the Federal Register and inform Management Section, Air Planning and
SUMMARY: The Environmental Protection the public that the rule will not take Implementation Branch, Air, Pesticides
Agency (EPA) is taking direct final effect. and Toxics Management Division, U.S.
action to approve portions of State Environmental Protection Agency,
Implementation Plan (SIP) revisions ADDRESSES: Submit your comments, Region 4, 61 Forsyth Street SW.,
submitted by the State of Georgia, identified by Docket ID No. EPA–R04– Atlanta, Georgia 30303–8960. Such
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compounds excluded from the 2. 391–3–1–.01(nnnn)—‘‘Procedures for Testing and Monitoring Sources of Air
definition of VOC and by excluding one Testing and Monitoring Sources of Air Pollutants’’ at Rule 391–3–1–.01(nnnn)
compound from VOC emissions Pollutants’’ (state effective on October 14, 2014),
limitations or VOC content In the November 12, 2014, submittal, and the revisions to the PM2.5 ambient
requirements (this compound remains a Georgia is amending the definition of air standard at Rule 391–3–1–
‘‘VOC’’ for recordkeeping, emissions ‘‘Procedures for Testing and Monitoring .02(4)(c)2.(ii) (state effective on October
inventories, and modeling purposes). 14, 2014). EPA has made, and will
Sources of Air Pollutants’’ at Rule 391–
GA EPD is revising its definition of VOC continue to make, these documents
3–1–.01(nnnn) to reference the February
to reflect modifications to the Federal generally available electronically
7, 2014, version of the Georgia
definition at 40 CFR 51.100(s) made by through www.regulations.gov and/or in
Department of Natural Resources
EPA on February 20, 2009 (74 FR 3437) hard copy at the appropriate EPA office
document entitled ‘‘Procedures for
(reflected in the August 30, 2010, (see the ADDRESSES section of this
Testing and Monitoring Sources of Air
submittal) and on November 29, 2004 preamble for more information).
Pollutants.’’ The purpose of that
(69 FR 69298), February 12, 2013 (78 FR document is to identify the procedures IV. Final Action
9823), August 28, 2013 (78 FR 53029), used for testing and monitoring the air
and October 22, 2013 (78 FR 62451) EPA is taking direct final action to
pollutant sources. The August 30, 2010, approve the changes to the Georgia SIP
(reflected in the November 12, 2014, submittal revised the date of the
submittal). specifically identified in section II,
document to reflect then-current version above, because these changes are
EPA’s policy is that compounds of of the document, dated March 1, 2009;
carbon with a negligible level of consistent with the CAA. EPA is
and the December 15, 2011, submittal publishing this rule without prior
reactivity need not be regulated to revised the date to the then-current
reduce ozone. See 42 FR 35314 (July 8, proposal because the Agency views
version, dated February 1, 2011. these as noncontroversial submittals
1977). EPA determines whether a given However, the more current November
carbon compound has ‘‘negligible’’ and anticipates no adverse comments.
12, 2014, SIP submittal revised the date However, in the proposed rules section
reactivity by comparing the compound’s to reflect the February 7, 2014, version
reactivity to the reactivity of ethane. of this Federal Register publication,
of the document, and this revision EPA is publishing a separate document
EPA excludes these compounds in its supersedes the revisions submitted on
definition of VOC at 40 CFR 51.100(s). that will serve as the proposal to
August 30, 2010, and December 15, approve the changes should adverse
The chemicals on this list are often 2011. This change to the SIP is comments be filed. This rule will be
called ‘‘negligibly reactive.’’ EPA may approvable because it merely updates effective September 29, 2015 without
periodically add compounds to or delete the date of the ‘‘Procedures for Testing further notice unless the Agency
compounds from the list of negligibly and Monitoring Sources of Air receives adverse comments by August
reactive compounds in 40 CFR Pollutants’’ document referenced in the 31, 2015.
51.100(s). SIP-approved version of Rule 391–3–1– If EPA receives such comments, then
The changes approved to the SIP .01(nnnn). The revision to this rule in EPA will publish a document
today update the definition of VOC at the November 12, 2014, SIP revision withdrawing the final rule and
Rule 391–3–1–.01(llll) for consistency became state effective on October 14, informing the public that the rule will
with the definition of VOC at 40 CFR 2014. not take effect. All public comments
51.100(s) by: (1) Adding eight additional received will then be addressed in a
compounds to the list of compounds B. Rule 391–3–1–.02(4)—‘‘Ambient Air
subsequent final rule based on the
excluded from the definition of VOC; 3 Standards’’
proposed rule. EPA will not institute a
and (2) adding the following paragraph Georgia is amending Rule 391–3–1– second comment period. Parties
to clarify the status of t-butyl acetate— .02(4)(c)2.(ii), relating to the ambient air interested in commenting should do so
‘‘[t]he following compound(s) are VOC standards for fine particulate matter at this time. If no such comments are
for purposes of all recordkeeping, (PM2.5), to reflect the 2012 annual received, the public is advised that this
emissions reporting, photochemical national ambient air quality standards rule will be effective on September 29,
dispersion modeling and inventory (NAAQS) for this pollutant, set at 12.0 2015 and no further action will be taken
requirements which apply to VOC and micrograms per cubic meter on on the proposed rule. Please note that if
shall be uniquely identified in emission December 14, 2012. See 78 FR 3086 we receive adverse comment on an
reports, but are not VOC for purposes of (January 15, 2013). EPA is approving amendment, paragraph, or section of
VOC emissions limitations or VOC this revision to the Georgia SIP to this rule and if that provision may be
content requirements: t-butyl acetate.’’ maintain consistency with the PM2.5 severed from the remainder of the rule,
EPA is approving these changes to NAAQS at the time that the submission we may adopt as final those provisions
Rule 391–3–1–.01(llll) into the SIP to was provided to EPA. Georgia’s rule of the rule that are not the subject of an
maintain consistency with the Federal revision became state effective on adverse comment.
definition of VOC at 40 CFR 51.100(s). October 14, 2014.
These rule changes became state V. Statutory and Executive Order
effective on July 20, 2009, and October III. Incorporation by Reference Reviews
14, 2014. In this rule, EPA is finalizing Under the CAA, the Administrator is
regulatory text that includes required to approve a SIP submission
3 The eight compounds are: propylene carbonate;
incorporation by reference. In that complies with the provisions of the
dimethyl carbonate; HCF2OCF2H (HFE–134);
accordance with requirements of 1 CFR Act and applicable Federal regulations.
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HCF2OCF2OCF2H (HFE–236cal2);
HCF2OCF2CF2OCF2H (HFE–338pcc13); 51.5, EPA is finalizing the incorporate See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H- by reference of the revised definition of Thus, in reviewing SIP submissions,
Galden ZT 130 (or 150 or 180)); trans-1-chloro- ‘‘Volatile Organic Compound’’ at Rule EPA’s role is to approve state choices,
3,3,3-trifluoroprop-1-ene; and 2,3,3,3-
tetrafluoropropene. These compounds are excluded
391–3–1–.01(llll) (state effective on July provided that they meet the criteria of
from the Federal definition of VOC at 40 CFR 20, 2009, and October 14, 2014), the the CAA. Accordingly, this action
51.100(s). revised definition of ‘‘Procedures for merely approves state law as meeting
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![45612 Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations
Federal requirements and does not methods, under Executive Order 12898 objections to this direct final rule are
impose additional requirements beyond (59 FR 7629, February 16, 1994). encouraged to file a comment in
those imposed by state law. For that The SIP is not approved to apply on response to the parallel notice of
reason, this action: any Indian reservation land or in any proposed rulemaking for this action
• Is not a significant regulatory action other area where EPA or an Indian tribe published in the proposed rules section
subject to review by the Office of has demonstrated that a tribe has of today’s Federal Register, rather than
Management and Budget under jurisdiction. In those areas of Indian file an immediate petition for judicial
Executive Orders 12866 (58 FR 51735, country, the rule does not have tribal review of this direct final rule, so that
October 4, 1993) and 13563 (76 FR 3821, implications as specified by Executive EPA can withdraw this direct final rule
January 21, 2011); Order 13175 (65 FR 67249, November 9, and address the comment in the
• does not impose an information 2000), nor will it impose substantial proposed rulemaking. This action may
collection burden under the provisions direct costs on tribal governments or not be challenged later in proceedings to
of the Paperwork Reduction Act (44 preempt tribal law. enforce its requirements. See section
U.S.C. 3501 et seq.); The Congressional Review Act, 5 307(b)(2).
• is certified as not having a U.S.C. 801 et seq., as added by the Small
significant economic impact on a Business Regulatory Enforcement List of Subjects in 40 CFR Part 52
substantial number of small entities Fairness Act of 1996, generally provides Environmental protection, Air
under the Regulatory Flexibility Act (5 that before a rule may take effect, the pollution control, Incorporation by
U.S.C. 601 et seq.); agency promulgating the rule must reference, Intergovernmental relations,
• does not contain any unfunded submit a rule report, which includes a Particulate matter, Volatile organic
mandate or significantly or uniquely copy of the rule, to each House of the compounds.
affect small governments, as described Congress and to the Comptroller General
in the Unfunded Mandates Reform Act of the United States. EPA will submit a Dated: July 22, 2015.
of 1995 (Pub. L. 104–4); report containing this action and other Heather McTeer Toney,
• does not have Federalism required information to the U.S. Senate, Regional Administrator, Region 4.
implications as specified in Executive the U.S. House of Representatives, and
Order 13132 (64 FR 43255, August 10, the Comptroller General of the United 40 CFR part 52 is amended as follows:
1999); States prior to publication of the rule in
PART 52—APPROVAL AND
• is not an economically significant the Federal Register. A major rule
regulatory action based on health or PROMULGATION OF
cannot take effect until 60 days after it
safety risks subject to Executive Order IMPLEMENTATION PLANS
is published in the Federal Register.
13045 (62 FR 19885, April 23, 1997); This action is not a ‘‘major rule’’ as
• is not a significant regulatory action defined by 5 U.S.C. 804(2). ■ 1. The authority citation for part 52
subject to Executive Order 13211 (66 FR Under section 307(b)(1) of the CAA, continues to read as follows:
28355, May 22, 2001); petitions for judicial review of this Authority: 42 U.S.C. 7401 et seq.
• is not subject to requirements of action must be filed in the United States
Section 12(d) of the National Court of Appeals for the appropriate Subpart L—Georgia
Technology Transfer and Advancement circuit by September 29, 2015. Filing a
Act of 1995 (15 U.S.C. 272 note) because petition for reconsideration by the ■ 2. Section 52.570(c) is amended by
application of those requirements would Administrator of this final rule does not revising the entries for ‘‘391–3–1–.01’’
be inconsistent with the CAA; and affect the finality of this action for the and ‘‘391–3–1–.02(4)’’ to read as
• does not provide EPA with the purposes of judicial review nor does it follows:
discretionary authority to address, as extend the time within which a petition
§ 52.570 Identification of plan.
appropriate, disproportionate human for judicial review may be filed, and
health or environmental effects, using shall not postpone the effectiveness of * * * * *
practicable and legally permissible such rule or action. Parties with (c) * * *
EPA-APPROVED GEORGIA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
391–3–1–.01 ........... Definitions .................................... 10/14/2014 7/31/2015, [Insert citation of pub-
lication].
* * * * * * *
391–3–1–.02(4) ...... Ambient Air Standards ................ 10/14/2014 7/31/2015, [Insert citation of pub-
lication].
* * * * * * *
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* * * * *
[FR Doc. 2015–18758 Filed 7–30–15; 8:45 am]
BILLING CODE 6560–50–P
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![Federal Register / Vol. 80, No. 147 / Friday, July 31, 2015 / Rules and Regulations 45613
ENVIRONMENTAL PROTECTION Instructions: Direct your comments to I. Background
AGENCY Docket ID No. EPA–R03–OAR–2015– II. Summary of West Virginia’s Submittal
0411. EPA’s policy is that all comments III. Final Action
40 CFR Part 52 received will be included in the public IV. Statutory and Executive Order Reviews
docket without change, and may be
[EPA–R03–OAR–2015–0411; FRL–9931–56– I. Background
Region 3]
made available online at
www.regulations.gov, including any In June 2010, EPA promulgated a new
Approval and Promulgation of Air personal information provided, unless 1-hour primary SO2 NAAQS of 75 parts
Quality Implementation Plans; West the comment includes information per billion (ppb), which is met at an
Virginia; 2011 Base Year Emissions claimed to be Confidential Business ambient air quality monitoring site
Inventory for the Marshall, West Information (CBI) or other information when the 3-year average of the annual
Virginia Nonattainment Area for the whose disclosure is restricted by statute. 99th percentile of 1-hour daily
2010 1-Hour Sulfur Dioxide National Do not submit information that you maximum concentrations does not
Ambient Air Quality Standard consider to be CBI or otherwise
exceed 75 ppb, as determined in
protected through www.regulations.gov
AGENCY: Environmental Protection accordance with Appendix T of 40 CFR
or email. The www.regulations.gov Web
Agency (EPA). part 50. See 40 CFR 50.17(a)–(b). On
site is an ‘‘anonymous access’’ system,
August 5, 2013, the EPA designated 29
ACTION: Direct final rule. which means EPA will not know your
identity or contact information unless areas of the country, including the
SUMMARY: The Environmental Protection you provide it in the body of your Marshall Area, as nonattainment for the
Agency (EPA) is taking direct final comment. If you send an email 2010 SO2 NAAQS (77 FR 47191). The
action to approve the 2011 base year comment directly to EPA without going Marshall Area is comprised of Clay,
emissions inventory submitted by the through www.regulations.gov, your Franklin, and Washington Tax Districts
State of West Virginia for the 2010 email address will be automatically in Marshall County, West Virginia.
1-hour sulfur dioxide (SO2) National captured and included as part of the An area designated as nonattainment
Ambient Air Quality Standard comment that is placed in the public for the 2010 1-hour SO2 NAAQS is
(NAAQS). The emissions inventory was docket and made available on the required to submit a nonattainment SIP
submitted to meet one of the Internet. If you submit an electronic to EPA meeting the requirements of
nonattainment requirements for the comment, EPA recommends that you subparts 1 and 5 of part D, of Title I of
Marshall, West Virginia nonattainment include your name and other contact the CAA, providing for attainment of the
area (Marshall Area or Area) for the information in the body of your NAAQS by the applicable statutory
2010 1-hour SO2 NAAQS. EPA is comment and with any disk or CD–ROM attainment date. See CAA sections 172
approving the 2011 base year emissions you submit. If EPA cannot read your and 191–192. These SIPs are required to
inventory for the 2010 1-hour SO2 comment due to technical difficulties provide for future attainment of the
NAAQS for the Marshall Area in and cannot contact you for clarification, 2010 1-hour SO2 NAAQS as
accordance with the requirements of the EPA may not be able to consider your
Clean Air Act (CAA). expeditiously as practicable, but no later
comment. Electronic files should avoid
than 5 years from the effective date of
DATES: This rule is effective on the use of special characters, any form
designation as nonattainment. One of
September 29, 2015 without further of encryption, and be free of any defects
the requirements for states with an SO2
notice, unless EPA receives adverse or viruses.
nonattainment area is the submission of
written comment by August 31, 2015. If Docket: All documents in the
an emissions inventory. Section
EPA receives such comments, it will electronic docket are listed in the
www.regulations.gov index. Although 172(c)(3) requires the submission of a
publish a timely withdrawal of the
listed in the index, some information is comprehensive, accurate, current
direct final rule in the Federal Register
and inform the public that the rule will not publicly available, i.e., CBI or other accounting of actual emissions from all
not take effect. information whose disclosure is sources of the relevant pollutant in the
restricted by statute. Certain other nonattainment area.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA– material, such as copyrighted material, II. Summary of West Virginia’s
R03–OAR–2015–0411 by one of the is not placed on the Internet and will be Submittal
following methods: publicly available only in hard copy
A. www.regulations.gov. Follow the form. Publicly available docket On May 6, 2015, the West Virginia
on-line instructions for submitting materials are available either Department of Environmental Protection
comments. electronically in www.regulations.gov or (WVDEP) submitted the 2011 base year
B. Email: fernandez.cristina@epa.gov. in hard copy during normal business emissions inventory for the Marshall
hours at the Air Protection Division, Area for the 2010 1-hour SO2 NAAQS to
C. Mail: EPA–R03–OAR–2015–0411,
U.S. Environmental Protection Agency, meet the requirements of CAA section
Cristina Fernandez, Associate Director,
Region III, 1650 Arch Street, 172(c)(3). The base year inventory
Office of Air Program Planning,
Philadelphia, Pennsylvania 19103. includes actual annual emissions of SO2
Mailcode 3AP30, U.S. Environmental
Copies of the State submittal is available that cover the general source categories
Protection Agency, Region III, 1650
at the West Virginia Department of of stationary point sources, stationary
Arch Street, Philadelphia, Pennsylvania
Environmental Protection, Division of nonpoint sources, nonroad mobile
19103.
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Air Quality, 601 57th Street SE., sources, and onroad mobile sources. For
D. Hand Delivery: At the previously-
Charleston, West Virginia 25304. the purpose of the base year inventory,
listed EPA Region III address. Such
deliveries are only accepted during the FOR FURTHER INFORMATION CONTACT: emissions from the entire county were
Docket’s normal hours of operation, and Marilyn Powers, (215) 814–2308, or by submitted. WVDEP used emissions from
special arrangements should be made email at powers.marilyn@epa.gov. EPA’s 2011 National Emissions
for deliveries of boxed information. SUPPLEMENTARY INFORMATION: Inventory (NEI) version 2 for the base
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Document Created: 2015-12-15 12:59:22
Document Modified: 2015-12-15 12:59:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective September 29, 2015 without further notice, unless EPA receives adverse comment by August 31, 2015. 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. | |
| Contact | D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached by phone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 45609 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Volatile Organic Compounds |
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