80 FR 60045 - Approval and Promulgation of Implementation Plans; Georgia Infrastructure Requirements for the 2008 Lead NAAQS
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 192 (October 5, 2015)
Federal Register Volume 80, Issue 192 (October 5, 2015)
| Page Range | 60045-60047 | |
| FR Document | 2015-24860 |
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)] [Rules and Regulations] [Pages 60045-60047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-24860] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0442; FRL-9934-84-Region 4] Approval and Promulgation of Implementation Plans; Georgia Infrastructure Requirements for the 2008 Lead NAAQS AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the March 6, 2012, State Implementation Plan (SIP) submission, provided by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (EPD) for inclusion into the Georgia SIP. This final submission pertains to the Clean Air Act (CAA or the Act) infrastructure requirements for the 2008 Lead national ambient air quality standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. EPD certified that the Georgia SIP contains provisions that ensure the 2008 Lead NAAQS is implemented, enforced, and maintained in Georgia. With the exception of provisions pertaining to prevention of significant deterioration (PSD) permitting which EPA has already approved, EPA is taking final action to approve Georgia's infrastructure submission, provided to EPA on March 6, 2012, as satisfying the required infrastructure elements for the 2008 Lead NAAQS. DATES: This rule will be effective November 4, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0442. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 through 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: Zuri Farngalo, 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. Farngalo can be reached by phone at (404) 562-9152 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Upon promulgation of a new or revised NAAQS, sections 110(a)(1) and [[Page 60046]] (2) of the CAA require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance for that new NAAQS. Section 110(a) of the CAA generally requires states to make a SIP submission to meet applicable requirements in order to provide for the implementation, maintenance, and enforcement of a new or revised NAAQS within three years following the promulgation of such NAAQS, or within such shorter period as EPA may prescribe. For additional information on the infrastructure SIP requirements, see the proposed rulemaking published on July 24, 2015 (80 FR 44005). On July 24, 2015, EPA proposed to approve portions of Georgia's March 6, 2012, 2008 Lead NAAQS infrastructure SIP submission with the exception of provisions pertaining to PSD permitting in sections 110(a)(2)(C), prong 3 of D(i) and (J). EPA did not receive any comments, adverse or otherwise, on the July 24, 2015, proposed rule. EPA took final action to approve the PSD permitting requirements in sections 110(a)(2)(C), prong 3 of D(i) and (J) on March 18, 2015 (80 FR 14019). II. Final Action With the exception of provisions pertaining to PSD permitting requirements described above, EPA is taking final action to approve Georgia's March 6, 2012, infrastructure submission because it addresses the CAA 110(a)(1) and (2) infrastructure SIP requirements to ensure that the 2008 Lead NAAQS is implemented, enforced, and maintained in Georgia. III. 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 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 Clean Air Act; 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, 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 December 4, 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. 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, Lead, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 16, 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(e) is amended by adding a new entry ``110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality Standards'' at the end of the table to read as follows: Sec. 52.570 Identification of plan. * * * * * (e) * * * [[Page 60047]] EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State submitted Name of nonregulatory SIP Applicable geographic date/effective EPA approval date Explanation provision or nonattainment area date ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Georgia................ 3/6/2012 10/5/15 With the Infrastructure Requirements exception of for the 2008 Lead National provisions Ambient Air Quality pertaining to Standards. PSD permitting requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i) (II) (prong 3) and 110(a)(2)(J) only. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-24860 Filed 10-2-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 60045
substantial direct costs on tribal PART 52—APPROVAL AND that each state adopt and submit a SIP
governments or preempt tribal law as PROMULGATION OF for the implementation, maintenance,
specified by Executive Order 13175 (65 IMPLEMENTATION PLANS and enforcement of each NAAQS
FR 67249, November 9, 2000). promulgated by EPA, which is
■ 1. The authority citation for part 52 commonly referred to as an
The Congressional Review Act, 5
continues to read as follows: ‘‘infrastructure’’ SIP. EPD certified that
U.S.C. 801 et seq., as added by the Small
Authority: 42 U.S.C. 7401 et seq. the Georgia SIP contains provisions that
Business Regulatory Enforcement ensure the 2008 Lead NAAQS is
Fairness Act of 1996, generally provides ■ 2. Section 52.720 is amended by implemented, enforced, and maintained
that before a rule may take effect, the adding paragraph (c)(206) to read as in Georgia. With the exception of
agency promulgating the rule must follows: provisions pertaining to prevention of
submit a rule report, which includes a significant deterioration (PSD)
copy of the rule, to each House of the § 52.720 Identification of plan.
permitting which EPA has already
Congress and to the Comptroller General * * * * * approved, EPA is taking final action to
of the United States. EPA will submit a (c) * * * approve Georgia’s infrastructure
report containing this action and other (206) On December 18, 2014, the state submission, provided to EPA on March
required information to the U.S. Senate, submitted a proposed revision to the 6, 2012, as satisfying the required
the U.S. House of Representatives, and Illinois SIP updating the definition of infrastructure elements for the 2008
the Comptroller General of the United Volatile Organic Material (VOM) or Lead NAAQS.
States prior to publication of the rule in Volatile Organic Compound (VOC) to DATES: This rule will be effective
the Federal Register. A major rule exclude the chemical compound 2,3,3,3- November 4, 2015.
tetrafluoropropene (HFO–1234yf), along
cannot take effect until 60 days after it ADDRESSES: EPA has established a
with minor administrative revisions.
is published in the Federal Register. docket for this action under Docket
(i) Incorporation by reference. Illinois
This action is not a ‘‘major rule’’ as Administrative Code, Title 35: Identification No. EPA–R04–OAR–
defined by 5 U.S.C. 804(2). Environmental Protection, Subtitle B: 2014–0442. All documents in the docket
Under section 307(b)(1) of the CAA, Air Pollution, Chapter I: Pollution are listed on the www.regulations.gov
petitions for judicial review of this Control Board, Subchapter c: Emission Web site. Although listed in the index,
action must be filed in the United States Standards and Limitations for some information is not publicly
Stationary Sources, Part 211: Definitions available, i.e., Confidential Business
Court of Appeals for the appropriate
and General Provisions, Subpart B: Information or other information whose
circuit by December 4, 2015. Filing a
Definitions, Section 211.7150 Volatile disclosure is restricted by statute.
petition for reconsideration by the Certain other material, such as
Administrator of this final rule does not Organic Material (VOM) or Volatile
Organic Compounds (VOC), effective copyrighted material, is not placed on
affect the finality of this action for the the Internet and will be publicly
purposes of judicial review nor does it June 9, 2014.
available only in hard copy form.
extend the time within which a petition [FR Doc. 2015–25158 Filed 10–2–15; 8:45 am]
Publicly available docket materials are
for judicial review may be filed, and BILLING CODE 6560–50–P available either electronically through
shall not postpone the effectiveness of www.regulations.gov or in hard copy at
such rule or action. Parties with the Air Regulatory Management Section,
objections to this direct final rule are ENVIRONMENTAL PROTECTION Air Planning and Implementation
encouraged to file a comment in AGENCY Branch, Air, Pesticides and Toxics
response to the parallel notice of 40 CFR Part 52 Management Division, U.S.
proposed rulemaking for this action Environmental Protection Agency,
published in the proposed rules section [EPA–R04–OAR–2014–0442; FRL–9934–84– Region 4, 61 Forsyth Street SW.,
of today’s Federal Register, rather than Region 4] Atlanta, Georgia 30303–8960. EPA
file an immediate petition for judicial requests that if at all possible, you
Approval and Promulgation of
review of this direct final rule, so that contact the person listed in the FOR
Implementation Plans; Georgia
EPA can withdraw this direct final rule FURTHER INFORMATION CONTACT section to
Infrastructure Requirements for the
and address the comment in the schedule your inspection. The Regional
2008 Lead NAAQS
proposed rulemaking. This action may Office’s official hours of business are
not be challenged later in proceedings to AGENCY: Environmental Protection Monday through Friday, 8:30 a.m. to
enforce its requirements. (See section Agency (EPA). 4:30 p.m., excluding Federal holidays.
307(b)(2)). ACTION: Final rule. FOR FURTHER INFORMATION CONTACT: Zuri
Farngalo, Air Regulatory Management
List of Subjects in 40 CFR Part 52 SUMMARY: The Environmental Protection Section, Air Planning and
Agency (EPA) is taking final action to Implementation Branch, Air, Pesticides
Environmental protection, Air approve portions of the March 6, 2012, and Toxics Management Division, U.S.
pollution control, Incorporation by State Implementation Plan (SIP) Environmental Protection Agency,
reference, Intergovernmental relations, submission, provided by the State of Region 4, 61 Forsyth Street SW.,
Reporting and recordkeeping Georgia, through the Georgia Atlanta, Georgia 30303–8960. Mr.
requirements, Volatile organic Department of Natural Resources’ Farngalo can be reached by phone at
mstockstill on DSK4VPTVN1PROD with RULES
compounds. Environmental Protection Division (404) 562–9152 or via electronic mail at
Dated: September 4, 2015. (EPD) for inclusion into the Georgia SIP. farngalo.zuri@epa.gov.
Susan Hedman,
This final submission pertains to the SUPPLEMENTARY INFORMATION:
Clean Air Act (CAA or the Act)
Regional Administrator, Region 5. infrastructure requirements for the 2008 I. Background
40 CFR part 52 is amended as follows: Lead national ambient air quality Upon promulgation of a new or
standards (NAAQS). The CAA requires revised NAAQS, sections 110(a)(1) and
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![Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 / Rules and Regulations 60047
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
Applicable geo- State submitted
Name of nonregulatory EPA approval
graphic or non- date/effective Explanation
SIP provision date
attainment area date
* * * * * * *
110(a)(1) and (2) Infrastructure Georgia ............... 3/6/2012 10/5/15 With the exception of provisions pertaining to
Requirements for the 2008 PSD permitting requirements in sections
Lead National Ambient Air 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and
Quality Standards. 110(a)(2)(J) only.
[FR Doc. 2015–24860 Filed 10–2–15; 8:45 am] ADDRESSES: Submit comments, docket for this action are available
BILLING CODE 6560–50–P identified by docket number EPA–R09– electronically at http://
OAR–2015–0542, by one of the www.regulations.gov or in hard copy at
following methods: EPA Region IX, 75 Hawthorne Street,
ENVIRONMENTAL PROTECTION 1. Federal eRulemaking Portal: San Francisco, California. While all
AGENCY http://www.regulations.gov. Follow the documents are listed at http://
on-line instructions. www.regulations.gov, some information
40 CFR Part 52 2. Email: R9airpermits@epa.gov. may be publicly available only at the
3. Mail or deliver: Gerardo Rios (Air- hard copy location (e.g., copyrighted
[EPA–R09–OAR–2015–0542; FRL–9933–52–
Region 9] 3), U.S. Environmental Protection material, large maps, multi-volume
Agency Region IX, 75 Hawthorne Street, reports), and some may not be publicly
Revision of Air Quality Implementation San Francisco, CA 94105–3901. available in either location (e.g., CBI).
Plan; California; Feather River Air Instructions: All comments will be To inspect the hard copy materials,
Quality Management District; included in the public docket without please schedule an appointment during
Stationary Source Permits change and may be made available normal business hours with the contact
online at http://www.regulations.gov, listed in the FOR FURTHER INFORMATION
AGENCY: Environmental Protection including any personal information CONTACT section.
Agency (EPA). provided, unless the comment includes
FOR FURTHER INFORMATION CONTACT:
ACTION: Direct final rule. Confidential Business Information (CBI)
Lornette Harvey, EPA Region IX, (415)
or other information whose disclosure is
SUMMARY: The Environmental Protection 972–3498, harvey.lornette@epa.gov.
restricted by statute. Information that
Agency (EPA) is taking direct final you consider CBI or otherwise protected SUPPLEMENTARY INFORMATION:
action to approve a revision to the should be clearly identified as such and Throughout this document, ‘‘we,’’ ‘‘us’’
Feather River Air Quality Management should not be submitted through and ‘‘our’’ refer to EPA.
District (FRAQMD) portion of the http://www.regulations.gov or email. Table of Contents
California State Implementation Plan http://www.regulations.gov is an
(SIP). This revision concerns a ‘‘anonymous access’’ system, and EPA I. The State’s Submittal
permitting rule that regulates A. What rule did the State submit?
will not know your identity or contact B. Are there other versions of this rule?
construction and modification of information unless you provide it in the C. What is the purpose of the submitted
stationary sources of air pollution. body of your comment. If you send rule revision?
These revisions correct deficiencies in email directly to EPA, your email II. EPA’s Evaluation and Action
FRAQMD Rule 10.1, New Source address will be automatically captured A. How is EPA evaluating the rule?
Review, previously identified by EPA in and included as part of the public B. Does the rule meet the evaluation
a final rule dated September 24, 2013. comment. If EPA cannot read your criteria?
We are approving revisions that correct comment due to technical difficulties C. Public Comment and Final Action
the identified deficiencies. and cannot contact you for clarification, III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
DATES: This rule is effective on EPA may not be able to consider your
December 4, 2015 without further comment. Electronic files should avoid I. The State’s Submittal
notice, unless EPA receives adverse the use of special characters, any form
comments by November 4, 2015. If we A. What rule did the State submit?
of encryption, and be free of any defects
receive such comments, we will publish or viruses. Table 1 lists the rule we are approving
a timely withdrawal in the Federal Docket: EPA has established a docket with the date it was adopted by the local
Register to notify the public that this for this action under EPA–R09–OAR– air agency and submitted to EPA by the
direct final rule will not take effect. 2015–0542. Generally, documents in the California Air Resources Board (CARB).
TABLE 1—SUBMITTED RULE
Local agency Rule No. Rule title Amended Submitted
mstockstill on DSK4VPTVN1PROD with RULES
FRAQMD .................................................. 10.1 New Source Review ........................... 10/06/14 11/06/14
On December 18, 2014, EPA completeness criteria in 40 CFR part 51, which must be met before formal EPA
determined that the submittal for appendix V, including evidence of review.
FRAQMD Rule 10.1 met the public adoption of this regulation,
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Document Created: 2015-12-15 08:52:32
Document Modified: 2015-12-15 08:52:32
| 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 | Final rule. | |
| Dates | This rule will be effective November 4, 2015. | |
| Contact | Zuri Farngalo, 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. Farngalo can be reached by phone at (404) 562-9152 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 60045 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Lead; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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