82 FR 29414 - Air Plan Approval; GA and SC: Changes to Ambient Air Standards and Definitions

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 124 (June 29, 2017)

Page Range29414-29418
FR Document2017-13543

The Environmental Protection Agency (EPA) is taking direct final action to approve a revision to the Georgia State Implementation Plan (SIP) submitted by the Georgia Department of Natural Resources, Environmental Protection Division (GA EPD), on August 30, 2010, and a portion of the SIP revision submitted on July 25, 2014; and portions of revisions to the South Carolina SIP, submitted by the Department of Health and Environmental Control (SC DHEC) on December 15, 2014, August 12, 2015, and on November 4, 2016. The Georgia SIP revisions incorporate definitions relating to fine particulate matter (PM<INF>2.5</INF>), and amend state rules to reflect the 2008 national ambient air quality standard (NAAQS) for lead. The South Carolina SIP revisions incorporate the 2010 sulfur dioxide (SO<INF>2</INF>) NAAQS, 2010 nitrogen dioxide (NO<INF>2</INF>) NAAQS, 2012 PM<INF>2.5</INF> NAAQS, 2015 ozone NAAQS, removes the revoked 1997 8-hour ozone NAAQS, and remove the standard for gaseous fluorides from the SIP. This action is being taken pursuant to the Clean Air Act (CAA or Act).

Federal Register, Volume 82 Issue 124 (Thursday, June 29, 2017)
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Rules and Regulations]
[Pages 29414-29418]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13543]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0504; FRL-9964-09-Region 4]


Air Plan Approval; GA and SC: Changes to Ambient Air Standards 
and Definitions

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve a revision to the Georgia State Implementation 
Plan (SIP) submitted by the Georgia Department of Natural Resources, 
Environmental Protection Division (GA EPD), on August 30, 2010, and a 
portion of the SIP revision submitted on July 25, 2014; and portions of 
revisions to the South Carolina SIP, submitted by the Department of 
Health and Environmental Control (SC DHEC) on December 15, 2014, August 
12, 2015, and on November 4, 2016. The Georgia SIP revisions 
incorporate definitions relating to fine particulate matter 
(PM2.5), and amend state rules to reflect the 2008 national 
ambient air quality standard (NAAQS) for lead. The South Carolina SIP 
revisions incorporate the 2010 sulfur dioxide (SO2) NAAQS, 
2010 nitrogen dioxide (NO2) NAAQS, 2012 PM2.5 
NAAQS, 2015 ozone NAAQS, removes the revoked 1997 8-hour ozone NAAQS, 
and remove the standard for gaseous fluorides from the SIP. This action 
is being taken pursuant to the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective August 28, 2017 without 
further notice, unless EPA receives adverse comment by July 31, 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-2016-0504 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: 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 via telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Sections 108 and 109 of the CAA govern the establishment, review, 
and revision, as appropriate, of the NAAQS for the criteria air 
pollutants (CAPs) to protect public health and welfare. The CAA 
requires periodic review of the air quality criteria--the science upon 
which the standards are based--and the standards themselves. EPA's 
regulatory provisions that govern the NAAQS are found at 40 CFR part 
50--National Primary and Secondary Ambient Air Quality Standards.

A. Summary of Actions for Georgia SIP Revisions

    In this rulemaking, EPA is taking direct final action to approve 
the portion of Georgia's July 25, 2014, submission amending Georgia's 
regulations to incorporate the 2008 lead NAAQS, which is found at GA 
EPD Rule 391-3-1-.02(4), ``Ambient Air Standards,'' at regulation (f)1. 
EPA is also taking final action on Georgia's August 30, 2010, submittal 
incorporating definitions of PM2.5 and PM2.5 
emissions.
    Through this rulemaking, the Agency is not acting on the following 
changes

[[Page 29415]]

to Georgia's SIP included in the July 25, 2014, submittal: Rule 391-3-
1-.02(2)(a)--``General Provisions''; Rule 391-3-1-.02(2)(e)--
``Particulate Emissions from Manufacturing Processes''; Rule 391-3-
1-.02(2)(l)--``Conical Burners''; Rule 391-3-1-.02(2)(o)--``Cupola 
Furnaces for Metallurgical Melting''; Rule 391-3-1-.02(2)(p)--
``Particulate Emissions from Kaolin and Fuller's Earth Processes''; 
Rule 391-3-1-.02(2)(q)--``Particulate Emissions from Cotton Gins''; 
Rule 391-3-1-.02(gg)--``Kraft Pulp Mills''; changes to Rule 391-3-
1-.02(6)(a)--``Specific Monitoring and Reporting Requirements for 
Specific Sources''; or 391-3-1-.03(8)--``Permit Requirements.'' EPA 
will address these changes in a separate action. Changes made to Rule 
391-3-1-.01(llll), ``Volatile Organic Compounds,'' in the July 25, 
2014, submittal were approved by EPA on October 5, 2016. See 81 FR 
68936. Changes made to Rule 391-3-1-.01(nnnn), ``Procedures for Testing 
and Monitoring Sources of Air Pollution,'' in the July 25, 2014, 
submittal were approved by EPA in a rulemaking published on January 5, 
2017. See 82 FR 1206.

B. Summary of Actions for South Carolina SIP Revisions

    EPA is taking direct final action to approve portions of the 
December 15, 2014, submittal, a portion of the August 12, 2015, 
submittal, and a portion of the November 4, 2016, submittal amending 
South Carolina's regulations to incorporate the updated 2010 
SO2 NAAQS, 2010 NO2 NAAQS, 2012 PM2.5 
NAAQS, and 2015 ozone NAAQS, while removing the revoked 1997 8-hour 
ozone NAAQS and removing a non-CAP standard (gaseous fluorides) from 
the South Carolina rule.
    EPA is not acting on certain changes to South Carolina's SIP 
included in the December 15, 2014, submittal, which would have removed 
the annual SO2 standard of 0.03 parts per million (ppm) and 
the 24-hour standard of 0.14 ppm, because the State's request to remove 
these standards from the SIP was withdrawn from EPA consideration by 
the State in a letter dated December 20, 2016. In accordance with 40 
CFR 50.4(e), the annual and 24-hour standards are still applicable in 
South Carolina because designations for the 2010 1-hour NAAQS have not 
been completed in the State. Once designations are completed in the 
State for the 2010 1-hour SO2 NAAQS, the annual 
SO2 and 24-hour SO2 NAAQS will be revoked for the 
State one year after the effective date of the final designation. The 
December 20, 2016, withdrawal letter is included in the docket for this 
action.
    EPA is also not acting on the following changes to South Carolina's 
SIP included in the August 12, 2015, submittal at this time: Regulation 
61-62.5, Standard No. 1--``Emissions from Fuel Burning Operations''; 
Regulation 61-62.5, Standard No. 7--``Prevention of Significant 
Deterioration''; or Regulation 61-62.5, Standard No. 7.1--
``Nonattainment New Source Review (NSR).'' EPA will address these 
changes in a separate action.
    The SIP submittals amending Georgia's and South Carolina's rules to 
incorporate the NAAQS and related provisions can be found in the docket 
for this rulemaking at www.regulations.gov and are summarized below.

II. Analysis of State's Submittals

A. GA EPD Rule 391-3-1-.02(4)--``Ambient Air Standards''

    On November 12, 2008 (73 FR 66964), EPA revised the primary lead 
NAAQS from 1.5 micrograms per cubic meter ([micro]g/m\3\) to 0.15 
[micro]g/m\3\ based on a rolling 3-month average for both the primary 
and secondary standards. Georgia revised Rule 391-3-1-.02(4)(f), 
``Lead,'' via an August 30, 2010,\1\ SIP submission, to update the 
standard for lead from 1.5 [micro]g/m\3\ to 0.15 [micro]g/m\3\. EPA 
approved this revision in a May 16, 2013 (78 FR 28744), direct final 
rule, which became effective on July 15, 2013. However, the method of 
calculating the corresponding design value for the 2008 lead NAAQS was 
not updated in Georgia's SIP. The 2008 lead NAAQS revised the method of 
calculating the corresponding design value to a rolling 3-month average 
over a 3-year period, whereas the previous NAAQS used calendar quarter 
averages over a 3-year period. On July 25, 2014, GA EPD submitted 
another revision to 391-3-1-.02(4)(f) to revise the form of the 
standard (i.e., the method of calculating the design value) to match 
that of the 2008 lead NAAQS. This SIP revision also adds a statement 
that attainment will be determined in accordance with federal standards 
at 40 CFR 50.16 (``National primary and secondary ambient air quality 
standards for lead''). EPA has determined that this is consistent with 
federal standards and provisions related to the lead NAAQS and is 
therefore approving this portion of the July 25, 2014, SIP submittal 
revising the Georgia SIP. These changes became state effective on 
August 1, 2013.
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    \1\ GA EPD submitted three separate SIP submittals to EPA dated 
August 30, 2010. The August 30, 2010, SIP submittal that EPA is 
acting on in this direct final action, related to definitions at 
Rule 391-3-1-.01 (see section II.B. below), is not the same 
submittal referred to here that originally revised the lead NAAQS.
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B. GA EPD Rule 391-3-1-.01--``Definitions''

    Georgia is adopting a definition for `` `PM2.5 ' or 
`Fine Particulate Matter' '' at Rule 391-3-.01(rrrr) and a definition 
for ``PM2.5 emissions'' at Rule 391-3-1-.01(ssss). GA EPD is 
adopting definitions related to PM2.5 to reflect federal 
definitions at 40 CFR 53.1 and 40 CFR 51.100. Specifically, 
PM2.5 is defined in the CFR as ``particulate matter with an 
aerodynamic diameter less than or equal to a nominal 2.5 micrometers as 
measured by a reference method based on appendix L of part 50 of this 
chapter and designated in accordance with part 53 of this chapter, by 
an equivalent method designated in accordance with part 53 of this 
chapter.'' Georgia's definition is consistent with the federal 
definition.
    ``PM2.5 emissions'' is not specifically written out in 
the CFR, but ``PM10 emissions'' is defined at 40 CFR 
51.100(rr) as ``finely divided solid or liquid material, with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers 
emitted to the ambient air as measured by an applicable reference 
method, or an equivalent or alternative method, specified in this 
chapter or by a test method specified in an approved State 
implementation plan.'' Georgia's SIP definition for ``PM2.5 
emissions'' is consistent with the form of the definition for 
``PM10 emissions'' at 40 CFR 51.100(rr), substituting only 
that ``PM2.5 emissions'' correspond to an aerodynamic 
diameter less than or equal to 2.5 micrometers.
    EPA is approving the aforementioned changes to Rule 391-3-1-.01 
into the SIP to provide consistency with the federal definitions 
related to CAPs. These rule changes became state effective on April 12, 
2009.

C. SC DHEC Regulation 61-62.5, Standard No. 2, ``Ambient Air Quality 
Standards''

1. SO2
    On June 22, 2010 (75 FR 35520), EPA published a revision to the 
primary NAAQS for SO2, setting the standard at 75 parts per 
billion (ppb) and changing the form of the standard from 24-hour and 
annual to a 1-hour standard. Accordingly, in the December 15, 2014, SIP 
submission, South Carolina updated Regulation 61-62.5, Standard No. 2, 
``Ambient Air Quality Standards,'' to adopt the new primary 1-hour 
SO2 NAAQS to be consistent with EPA's

[[Page 29416]]

June 22, 2010, final rule. EPA is approving South Carolina's update to 
61-62.5 regarding only the incorporation of the 2010 1-hour 
SO2 NAAQS because this change is consistent with federal 
regulations. As explained in Section I, EPA is not acting on the 
removal of the annual or 24-hour SO2 NAAQS because these 
changes were withdrawn from EPA consideration in a letter dated 
December 20, 2016. This change to incorporate the new 2010 1-hour 
SO2 NAAQS became state effective on September 26, 2014.
2. NO2
    On February 9, 2010 (75 FR 6474), EPA published a revision to the 
primary NAAQS for NO2, adding a 1-hour primary standard set 
at 100 ppb and retaining the existing annual standard set at 53 ppb. 
Accordingly, in the December 15, 2014, SIP submission, South Carolina 
updated Regulation 61-62.5, Standard No. 2, ``Ambient Air Quality 
Standards,'' to adopt the new primary 1-hour NO2 NAAQS to be 
consistent with EPA's February 9, 2010, final rule. EPA is approving 
South Carolina's update to 61-62.5 regarding NO2 because 
this change is consistent with federal regulations. This change became 
state effective on September 26, 2014.
3. PM2.5
    On December 14, 2012 (78 FR 3086), EPA published a revised primary 
annual PM2.5 NAAQS. In that action, EPA revised the primary 
annual PM2.5 standard, strengthening it from 15.0 [mu]g/m\3\ 
to 12.0 [mu]g/m\3\, and retained the existing primary 24-hour 
PM2.5 standard at 35 [mu]g/m\3\. The December 14, 2012, 
final rule also retained the secondary 24-hour standard of 35 [mu]g/
m\3\ and the secondary annual standard of 15.0 [mu]g/m\3\, revising 
only the form of the secondary annual standard to remove the option for 
spatial averaging, consistent with the form change to the primary 
annual PM2.5 standard. Accordingly, in the December 15, 
2014, SIP submittal, South Carolina revised Regulation 61-62.5, 
Standard No. 2, ``Ambient Air Quality Standards,'' to update the 
primary air quality standard for PM2.5 to be consistent with 
the NAAQS that were promulgated by EPA in 2012. South Carolina's 
December 15, 2014, SIP revision also retains the ambient air standards 
corresponding to the secondary annual and 24-hour NAAQS.\2\ EPA has 
reviewed these changes to South Carolina's rule for ambient air 
standards and has made the determination that this change is consistent 
with federal regulations. These changes became state effective on 
September 26, 2014.
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    \2\ South Carolina's December 15, 2014, SIP revision appears to 
incorporate the 24-hour and annual secondary PM2.5 NAAQS 
for the first time. However, these secondary PM2.5 NAAQS 
were already approved into the SIP. The annual secondary 
PM2.5 NAAQS of 15 [mu]g/m\3\ was adopted in a November 
19, 2004, submittal and approved on August 22, 2007 (72 FR 46903). 
The 24-hour secondary NAAQS at 35 [mu]g/m\3\ was adopted in a 
December 4, 2008, submittal and approved on April 3, 2013 (78 FR 
19994).
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4. Ozone
    Regulation 61-62.5, Standard No. 2, ``Ambient Air Quality 
Standards.'' EPA published a revised primary 8-hour ozone NAAQS on 
October 26, 2015 (80 FR 65292). In that action, EPA strengthened the 
ozone NAAQS from 0.075 parts per million (ppm), as promulgated in 2008, 
to 0.070 parts per million (ppm). Accordingly, South Carolina's 
November 4, 2016, SIP submittal adopts the 2015 NAAQS at Regulation 61-
62.5, Standard No. 2, ``Ambient Air Quality Standards.'' The submittal 
also removes the 1997 8-hour ozone NAAQS from the SIP. EPA revoked the 
1997 8-hour ozone standard of 0.08 ppm with the March 6, 2015, final 
rule implementing the 2008 8-hour ozone NAAQS. See 80 FR 12264. The 
March 6, 2015, final rule, including the revocation of the 1997 8-hour 
ozone NAAQS, became effective on April 6, 2015. EPA is approving the 
incorporation of the 2015 8-hour ozone NAAQS into the South Carolina 
SIP, and the removal of the revoked 1997 8-hour ozone NAAQS from the 
South Carolina SIP, because the changes are consistent with federal 
regulations. These changes became state effective on September 23, 
2016.
5. Hazardous Air Pollutants (HAPs)
    South Carolina's August 12, 2015, SIP submittal removes the 
standards set for gaseous fluorides (as hydrogen fluoride) from 
Regulation 61-62.5, Standard No. 2, ``Ambient Air Quality Standards.'' 
Hydrogen fluoride is a HAP, which SC DHEC regulates under its state 
rule at Regulation 61-62.5, Standard No. 8, ``Toxic Air Pollutants,'' 
rather than the SIP. EPA is approving the removal of these standards 
from the South Carolina SIP, as there are no primary or secondary NAAQS 
related to this pollutant and the revision therefore will not interfere 
with any applicable requirement concerning attainment or reasonable 
further progress pursuant to CAA section 110(l). These changes became 
state effective on June 26, 2015.

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 GA EPD Rule 
391-3-1-.01, ``Definitions,'' adding definitions of 
``PM2.5'' and ``PM2.5 Emissions,'' effective 
August 14, 2016 and Rule 391-3-1-.02(4), ``Ambient Air Standards,'' 
updating the incorporation of the lead NAAQS, effective October 14, 
2014; \3\ EPA is finalizing the incorporation by reference of SC DHEC 
Regulation 61-62.5, Standard No. 2, ``Ambient Air Quality Standards,'' 
effective September 23, 2016, adopting NAAQS for SO2, 
NO2, and PM2.5, while removing a HAP standard 
from the SIP. Therefore, these materials have been approved by EPA for 
inclusion in the State implementation plan, have been incorporated by 
reference by EPA into that plan, are 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.\4\ 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).
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    \3\ The effective date of the change to Rule 391-3-1-.01 made in 
Georgia's August 30, 2010, SIP revision is April 12, 2009. However, 
for purposes of the state effective date included at 40 CFR 
52.570(c), that change to Georgia's rule is captured and superseded 
by Georgia's update in a November 29, 2016, SIP revision, state 
effective on August 14, 2016, which EPA previously approved on 
January 5, 2017. See 82 FR 1207. The effective date of the change to 
Rule 391-3-1-.01 made in Georgia's July 25, 2014, SIP revision is 
August 1, 2013. However, for purposes of the state effective date 
included at 40 CFR 52.570(c), that change to Georgia's rule is 
captured and superseded by Georgia's update in a November 12, 2014, 
SIP revision, state effective on October 14, 2014, which EPA 
previously approved on July 31, 2015. See 80 FR 45609.
    \4\ 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving changes to the Georgia SIP at Rule 391-3-1-.01, 
submitted on August 30, 2010, and changes to Rule 391-3-1-02(4), 
submitted on July 25, 2014, because they are consistent with the CAA 
and federal regulations. EPA is also approving changes to the South 
Carolina SIP at Regulation 61-62.5, Standard No. 2, submitted on 
December 15, 2014, and subsequently August 12, 2015, because they are 
consistent with the CAA and

[[Page 29417]]

federal regulations. EPA is publishing this rule without prior proposal 
because the Agency views these submittals as noncontroversial and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revision 
should adverse comments be filed. This rule will be effective August 
28, 2017 without further notice unless the Agency receives adverse 
comments by July 31, 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 August 28, 2017 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, these 
actions merely approve state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, these actions:
     Are 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);
     do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are 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.);
     do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4);
     do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are 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
     do 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).
    EPA has determined that this direct final rule does not have tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because the determination does not have 
``substantial direct effects'' on an Indian Tribe as a result of these 
actions. With respect to this direct final action as it relates to 
South Carolina, EPA notes that the Catawba Indian Nation Reservation is 
located within the South Carolina and pursuant to the Catawba Indian 
Claims Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local 
environmental laws and regulations apply to the [Catawba Indian Nation] 
and Reservation and are fully enforceable by all relevant state and 
local agencies and authorities.'' EPA notes these actions will not 
impose substantial direct costs on Tribal governments or preempt Tribal 
law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 28, 2017. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of this Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Lead, Nitrogen dioxide, Particulate matter, Sulfur oxides.

    Dated: June 13, 2017.
V. Anne Heard,
Acting 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) * * *

[[Page 29418]]



                                                            EPA Approved Georgia Regulations
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                                                                        State
            State citation                     Title/subject          effective            EPA approval date                      Explanation
                                                                         date
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.01..........................  Definitions.................    8/14/2016  6/29/2017, [Insert citation of      ..................................
                                                                                   publication]
 
                                                                      * * * * * * *
391-3-1-.02(4).......................  Ambient Air Standards.......   10/14/2014  7/31/2015, 80 FR 45609              EPA approved changes to Rule 391-3-
                                                                                                                       1-.02(4) with state effective
                                                                                                                       date August 1, 2013 on June 29,
                                                                                                                       2017 [Insert citation of
                                                                                                                       publication]
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

Subpart PP--South Carolina

0
3. Section 52.2120(c), is amended by revising the entry under 
``Regulation No. 62.5'' for ``Standard No. 2'' to read as follows:


Sec.  52.2120   Identification of plan.

* * * * *
    (c) * * *


                                                  Air Pollution Control Regulations for South Carolina
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        State
            State citation                     Title/subject          effective            EPA approval date               Federal Register  notice
                                                                         date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Standard No. 2.......................  Ambient Air Quality             9/23/2016  6/29/2017                           [Insert citation of publication]
                                        Standards.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-13543 Filed 6-28-17; 8:45 am]
 BILLING CODE 6560-50-P


Current View
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionDirect final rule.
DatesThis direct final rule is effective August 28, 2017 without further notice, unless EPA receives adverse comment by July 31, 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.
ContactD. 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 via telephone at (404) 562-9089 or via electronic mail at [email protected]
FR Citation82 FR 29414 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Lead; Nitrogen Dioxide; Particulate Matter and Sulfur Oxides

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