82 FR 1206 - Air Plan Approval; Georgia: Procedures for Testing and Monitoring Sources of Air Pollutants
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 3 (January 5, 2017)
Federal Register Volume 82, Issue 3 (January 5, 2017)
| Page Range | 1206-1208 | |
| FR Document | 2016-31753 |
[Federal Register Volume 82, Number 3 (Thursday, January 5, 2017)] [Rules and Regulations] [Pages 1206-1208] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31753] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0468; FRL-9957-52-Region 4] Air Plan Approval; Georgia: Procedures for Testing and Monitoring Sources of Air Pollutants 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 April 11, 2003, November 29, 2010, July 25, 2014, November 23, 2015, and November 29, 2016. The SIP submittals include changes to GA EPD's air quality rules that modify definitions. The portions of the SIP revisions that EPA is approving are consistent with the requirements of the Clean Air Act (CAA or Act). DATES: This direct final rule is effective March 6, 2017 without further notice, unless EPA receives adverse comment by February 6, 2017. 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-2016-0468 at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Lakeman, 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. Lakeman can be reached by phone at (404) 562-9043 or via electronic mail at [email protected]. [[Page 1207]] SUPPLEMENTARY INFORMATION: I. Background On April 11, 2003, November 29, 2010, July 25, 2014, November 23, 2015, and November 29, 2016, 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. The only change that EPA is approving into the SIP today modifies portions of Rule 391-3-1-.01-- ``Definitions'' with respect to procedures for testing and monitoring sources of air pollutants. The change requested by Georgia is discussed below. EPA is not taking action on any other changes in Georgia's submittals provided on April 11, 2003, November 29, 2010, July 25, 2014, November 23, 2015, and November 29, 2016, because these changes either do not address rule sections that are incorporated into the SIP or are being or have already been considered in a separate action. II. EPA's Analysis of the State's Submission Regarding Rule 391-3- 1-.01(nnnn)--``Procedures for Testing and Monitoring Sources of Air Pollutants'' In the November 29, 2016, 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 29, 2016, 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 November 23, 2015, submittal revised the date of the document to reflect the then-current version of the document, dated January 5, 2015; the July 25, 2014, submittal revised the date of the document to reflect the then-current version of the document, dated February 8, 2013; the November 29, 2010, submittal revised the date to the then- current version, dated March 1, 2010; and the April 11, 2003, submittal revised the date to the then-current version, January 29, 2003. However, the more current November 29, 2016, SIP submittal revised the date to reflect the February 29, 2016, version of the document, and this revision supersedes the revisions submitted on April 11, 2003, November 29, 2010, July 25, 2014, and November 23, 2015. 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 23, 2015, SIP submittal became state-effective on August 14, 2016. 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 incorporation by reference of Georgia Rule 391-3-1-.01(nnnn) ``Procedures for Testing and Monitoring Sources of Air Pollutants,'' effective on August 3, 2015. Therefore, this material has been approved by EPA for inclusion in the SIP, has been incorporated by reference by EPA into that plan, is fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 4 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- 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 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 March 6, 2017 without further notice unless the Agency receives adverse comments by February 6, 2017. 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 March 6, 2017 and no further action will be taken on the proposed rule. 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 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, [[Page 1208]] 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 March 6, 2017. Filing a petition for econsideration 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: December 15, 2016. 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. In Sec. 52.570, the table in paragraph (c) is amended by revising the entry ``391-3-1-.01'' to read as follows: Sec. 52.570 Identification of plan. * * * * * (c) * * * EPA Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State effective State citation Title/subject date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- 391-3-1-.01..................... Definitions........ 8/14/2016 1/5/2017, [insert Federal Register citation]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-31753 Filed 1-4-17; 8:45 am] BILLING CODE 6560-50-P
![1206 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
TABLE 2—FOIA DOCUMENT PRODUC- the Postal Regulatory Commission ACTION: Direct final rule.
TION FEES—TECHNICAL DATA— (PRC). The PRC has found that price SUMMARY: The Environmental Protection
Continued adjustments contained in the Postal
Service’s notice may go into effect on Agency (EPA) is taking direct final
January 22, 2017. The Postal Service action to approve portions of State
Type Cost
will revise Notice 123, Price List to Implementation Plan (SIP) revisions
Paper Copy (standard reflect the new prices. submitted by the State of Georgia,
size paper up to 81⁄2 x through the Georgia Department of
DATES: Effective date: January 22, 2017.
14, photocopier or Natural Resources’ Environmental
printer) ........................ 0.15 FOR FURTHER INFORMATION CONTACT: Protection Division (GA EPD), on April
CD/DVD ......................... 5.00 Paula Rabkin at 202–268–2537. 11, 2003, November 29, 2010, July 25,
Microfiche Produced, SUPPLEMENTARY INFORMATION: 2014, November 23, 2015, and
each ........................... 3.50 November 29, 2016. The SIP submittals
Certification and Valida- I. Proposed Rule and Response
tion with Seal, each include changes to GA EPD’s air quality
On October 12, 2016, the Postal rules that modify definitions. The
document ................... 50.00
Service filed a notice of mailing services portions of the SIP revisions that EPA is
(c) The DoD Components will waive price adjustments with the Postal approving are consistent with the
the payment of costs required in Regulatory Commission (PRC) for requirements of the Clean Air Act (CAA
paragraph (a) of this section that are products and services covered by or Act).
greater than the costs that would be Mailing Standards of the United States DATES: This direct final rule is effective
required for release of this same Postal Service, International Mail March 6, 2017 without further notice,
information under § 286.12 if: Manual (IMM®), to be effective on unless EPA receives adverse comment
(1) The FOIA request is made by a January 22, 2017. In addition, on by February 6, 2017. If EPA receives
U.S. citizen or a U.S. corporation, and October 17, 2016, the USPSTM such comments, it will publish a timely
such citizen or corporation certifies that published a notice of proposed price withdrawal of the direct final rule in the
the technical data requested is required changes in the Federal Register entitled Federal Register and inform the public
to enable it to submit an offer, or to ‘‘International Mailing Services: that the rule will not take effect.
determine whether it is capable of Proposed Price Changes’’ (81 FR 71427).
ADDRESSES: Submit your comments,
submitting an offer, to provide the The notice included price changes that
identified by Docket ID No. EPA–R04–
product to which the technical data we would adopt for products and
OAR–2016–0468 at http://
relates to the United States or a U.S. services covered by Mailing Standards
www.regulations.gov. Follow the online
contractor. However, the DoD of the United States Postal Service,
instructions for submitting comments.
Components may require the citizen or International Mail Manual (IMM®) and
Once submitted, comments cannot be
corporation to pay a deposit in an publish in Notice 123, Price List, on
edited or removed from Regulations.gov.
amount equal to but not more than the Postal Explorer® at pe.usps.com. We
EPA may publish any comment received
cost of complying with the FOIA received no comments.
to its public docket. Do not submit
request, which will be refunded upon II. Decision of the Postal Regulatory electronically any information you
submission of an offer by the citizen or Commission consider to be Confidential Business
corporation; Information (CBI) or other information
(2) The release of technical data is As set forth in the PRC’s Order No.
3610 issued on November 15, 2016, as whose disclosure is restricted by statute.
requested in order to comply with the Multimedia submissions (audio, video,
terms of an international agreement; or well as in the PRC’s Order No. 3670
issued on December 15, 2016, the PRC etc.) must be accompanied by a written
(3) The DoD Component determines, comment. The written comment is
in accordance with paragraph (m) of determined that the international prices
in the Postal Service’s Notice may go considered the official comment and
§ 286.12, that such a waiver is in the should include discussion of all points
interest of the United States. into effect on January 22, 2017. The new
prices will accordingly be posted in you wish to make. EPA will generally
Dated: December 23, 2016. not consider comments or comment
Notice 123, on Postal Explorer at
Aaron Siegel, pe.usps.com. contents located outside of the primary
Alternate OSD Federal Register Liaison submission (i.e. on the web, cloud, or
Officer, Department of Defense. Stanley F. Mires, other file sharing system). For
[FR Doc. 2016–31686 Filed 1–4–17; 8:45 am] Attorney, Federal Compliance. additional submission methods, the full
BILLING CODE 5001–06–P [FR Doc. 2016–31525 Filed 1–4–17; 8:45 am] EPA public comment policy,
BILLING CODE 7710–12–P information about CBI or multimedia
submissions, and general guidance on
POSTAL SERVICE making effective comments, please visit
http://www2.epa.gov/dockets/
ENVIRONMENTAL PROTECTION
39 CFR Part 20 commenting-epa-dockets.
AGENCY
FOR FURTHER INFORMATION CONTACT:
International Mailing Services: Mailing 40 CFR Part 52 Sean Lakeman, Air Regulatory
Services Price Changes Management Section, Air Planning and
asabaliauskas on DSK3SPTVN1PROD with RULES
[EPA–R04–OAR–2016–0468; FRL–9957–52– Implementation Branch, Air, Pesticides
AGENCY: Postal ServiceTM. Region 4]
ACTION: Notice of approval of price and Toxics Management Division, U.S.
changes for mailing services. Air Plan Approval; Georgia: Environmental Protection Agency,
Procedures for Testing and Monitoring Region 4, 61 Forsyth Street SW.,
SUMMARY: On October 17, 2016, the Sources of Air Pollutants Atlanta, Georgia 30303–8960. Mr.
Postal Service published a notice of Lakeman can be reached by phone at
proposed price adjustments to reflect a AGENCY: Environmental Protection (404) 562–9043 or via electronic mail at
notice of price adjustments filed with Agency. lakeman.sean@epa.gov.
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![1208 Federal Register / Vol. 82, No. 3 / Thursday, January 5, 2017 / Rules and Regulations
2000), nor will it impose substantial circuit by March 6, 2017. Filing a reference, Intergovernmental relations,
direct costs on tribal governments or petition for econsideration by the Particulate matter, Volatile organic
preempt tribal law. Administrator of this final rule does not compounds.
The Congressional Review Act, 5 affect the finality of this action for the Dated: December 15, 2016.
U.S.C. 801 et seq., as added by the Small purposes of judicial review nor does it
Heather McTeer Toney,
Business Regulatory Enforcement extend the time within which a petition
Fairness Act of 1996, generally provides for judicial review may be filed, and Regional Administrator, Region 4.
that before a rule may take effect, the shall not postpone the effectiveness of 40 CFR part 52 is amended as follows:
agency promulgating the rule must such rule or action. Parties with
submit a rule report, which includes a objections to this direct final rule are PART 52—APPROVAL AND
copy of the rule, to each House of the encouraged to file a comment in PROMULGATION OF
Congress and to the Comptroller General response to the parallel notice of IMPLEMENTATION PLANS
of the United States. EPA will submit a proposed rulemaking for this action
report containing this action and other published in the proposed rules section ■ 1. The authority citation for part 52
required information to the U.S. Senate, of today’s Federal Register, rather than continues to read as follows:
the U.S. House of Representatives, and file an immediate petition for judicial
the Comptroller General of the United review of this direct final rule, so that Authority: 42 U.S.C. 7401 et seq.
States prior to publication of the rule in EPA can withdraw this direct final rule
the Federal Register. A major rule Subpart L—Georgia
and address the comment in the
cannot take effect until 60 days after it proposed rulemaking. This action may
is published in the Federal Register. not be challenged later in proceedings to ■ 2. In § 52.570, the table in paragraph
This action is not a ‘‘major rule’’ as enforce its requirements. See section (c) is amended by revising the entry
defined by 5 U.S.C. 804(2). 307(b)(2). ‘‘391–3–1–.01’’ to read as follows:
Under section 307(b)(1) of the CAA,
List of Subjects in 40 CFR Part 52 § 52.570 Identification of plan.
petitions for judicial review of this
action must be filed in the United States Environmental protection, Air * * * * *
Court of Appeals for the appropriate pollution control, Incorporation by (c) * * *
EPA APPROVED GEORGIA REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
391–3–1–.01 ...................... Definitions ......................... 8/14/2016 1/5/2017, [insert Federal Register citation].
* * * * * * *
* * * * * Act (FFDCA) requires EPA to establish Docket is (703) 305–5805. Please review
[FR Doc. 2016–31753 Filed 1–4–17; 8:45 am] a time-limited tolerance or exemption the visitor instructions and additional
BILLING CODE 6560–50–P from the requirement for a tolerance for information about the docket available
pesticide chemical residues in food that at http://www.epa.gov/dockets.
will result from the use of a pesticide FOR FURTHER INFORMATION CONTACT:
ENVIRONMENTAL PROTECTION under an emergency exemption granted Michael L. Goodis, Registration Division
AGENCY by EPA under FIFRA. (7505P), Office of Pesticide Programs,
DATES: This regulation is effective Environmental Protection Agency, 1200
40 CFR Part 180 January 5, 2017. Objections and requests Pennsylvania Ave. NW., Washington,
[EPA–HQ–OPP–2016–0682; FRL–9956–54] for hearings must be received on or DC 20460–0001; main telephone
before March 6, 2017, and must be filed number: (703) 305–7090; email address:
Propiconazole; Extension of Tolerance in accordance with the instructions RDFRNotices@epa.gov.
for Emergency Exemptions provided in 40 CFR part 178 (see also
SUPPLEMENTARY INFORMATION:
AGENCY: Environmental Protection Unit I.C. of the SUPPLEMENTARY
INFORMATION). I. General Information
Agency (EPA).
ACTION: Final rule. ADDRESSES: The docket for this action, A. Does this action apply to me?
identified by docket identification (ID)
SUMMARY: This regulation extends a number EPA–HQ–OPP–2016–0682, is You may be potentially affected by
time-limited tolerance for combined available at http://www.regulations.gov this action if you are an agricultural
residues of the fungicide propiconazole or at the Office of Pesticide Programs producer, food manufacturer, or
and its metabolites in or on avocado at Regulatory Public Docket (OPP Docket) pesticide manufacturer. The following
10 parts per million (ppm) for an in the Environmental Protection Agency list of North American Industrial
additional 3-year period. This tolerance Docket Center (EPA/DC), West William Classification System (NAICS) codes is
asabaliauskas on DSK3SPTVN1PROD with RULES
will expire and is revoked on December Jefferson Clinton Bldg., Rm. 3334, 1301 not intended to be exhaustive, but rather
31, 2019. This action is in response to Constitution Ave. NW., Washington, DC provides a guide to help readers
EPA’s granting of an emergency 20460–0001. The Public Reading Room determine whether this document
exemption under the Federal is open from 8:30 a.m. to 4:30 p.m., applies to them. Potentially affected
Insecticide, Fungicide, and Rodenticide Monday through Friday, excluding legal entities may include:
Act (FIFRA) authorizing use of the holidays. The telephone number for the • Crop production (NAICS code 111).
pesticide on avocado trees. In addition, Public Reading Room is (202) 566–1744, • Animal production (NAICS code
the Federal Food, Drug, and Cosmetic and the telephone number for the OPP 112).
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Document Created: 2018-02-01 14:51:11
Document Modified: 2018-02-01 14:51:11
| 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 March 6, 2017 without further notice, unless EPA receives adverse comment by February 6, 2017. 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 | Sean Lakeman, 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. Lakeman can be reached by phone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 1206 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter and Volatile Organic Compounds |
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