82_FR_29542 82 FR 29418 - Air Plan Approval; Georgia: Permit Exemptions and Definitions

82 FR 29418 - Air Plan Approval; Georgia: Permit Exemptions and Definitions

ENVIRONMENTAL PROTECTION AGENCY

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

Page Range29418-29421
FR Document2017-13536

The Environmental Protection Agency (EPA) is approving portions of a State Implementation Plan (SIP) revision submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD), on September 19, 2006, with a clarification submitted on November 6, 2006. This direct final action approves changes to existing minor source permitting exemptions and approves a definition related to minor source permitting exemptions. EPA is approving these portions of this SIP revision because the State has demonstrated that they are consistent with 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 29418-29421]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0113; FRL-9964-06-Region 4]


Air Plan Approval; Georgia: Permit Exemptions and Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is approving 
portions of a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, through the Georgia Department of Natural Resources' 
Environmental Protection Division (GA EPD), on September 19, 2006, with 
a clarification submitted on November 6, 2006. This direct final action 
approves changes to existing minor source permitting exemptions and 
approves a definition related to minor source permitting exemptions. 
EPA is approving these portions of this SIP revision because the State 
has demonstrated that they are consistent with 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 comment, 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-2007-0113 at https://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 https://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)

[[Page 29419]]

562-9089 or via electronic mail at akers.brad@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 19, 2006, GA EPD submitted SIP revisions to EPA for 
review and approval into the Georgia SIP. GA EPD submitted a 
clarification on November 6, 2006, which fixed typographical errors in 
the original submission. The submission contains changes to a number of 
Georgia's air quality rules at Rule 391-3-1. EPA is approving the 
portions of the SIP revisions that modify Rule 391-3-1-.01--
``Definitions,'' and Rule 391-3-1-.03(6)--``Exemptions.'' The changes 
requested by Georgia in the SIP revision are discussed below in Section 
II.
    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(2)(ppp)--``Commercial and Industrial Solid 
Waste Incinerators''; Rule 391-3-1-.02(8)--``New Source Performance 
Standards''; Rule 391-3-1-.02(9)--``Emission Standards for Hazardous 
Air Pollutants''; Rule 391-3-1-.03(9)--``Permit Fees''; and Rule 391-3-
1-.03(10)--``Title V Operating Permits. EPA is not acting on changes to 
Rule 391-3-1-.02(2)(ooo)--``Heavy Duty Diesel Engine Requirements,'' 
included in the September 19, 2006, submittal because the changes were 
withdrawn from EPA consideration by the State in a letter dated January 
25, 2016. EPA is not acting on changes to Rule 391-3-1-.02(6)--
``Specific Monitoring and Reporting Requirements for Particular 
Sources--Emission Statements,'' at paragraph (a)(4) because a 
subsequent revision to the rules, submitted on March 5, 2007, was 
approved on November 27, 2009, and supersedes the September 19, 2006, 
submittal. See 74 FR 62249. Accordingly, GA EPD withdrew this 
superseded revision to Rule 391-3-1-.02(6) from EPA consideration in a 
letter dated December 1, 2016.
    EPA has previously approved the majority of revisions to Georgia 
rules originally included in the September 19, 2006, submittal. The 
following revisions were previously approved on February 9, 2010 (75 FR 
6309), as corrected on August 26, 2010 (75 FR 52470): Rule 391-3-
1-.01--``Definitions'' at paragraph (llll), ``Volatile Organic Compound 
(VOC)'' and at paragraph (nnnn), ``Procedures for Testing and 
Monitoring Sources of Air Pollutants''; Rule 391-3-1-.02(2)(d)--``Fuel 
Burning Equipment''; Rule 391-3-1-.02(2)(tt)--``VOC Emissions From 
Major Sources''; Rule 391-3-1-.02(2)(yy)--``Emissions of Nitrogen 
Oxides [NOX] From Major Sources''; Rule 391-3-
1-.02(2)(rrr)--``NOX Emissions from Small Fuel-Burning 
Equipment''; Rule 391-3-1-.02(4)--``Ambient Air Standards''; Rule 391-
3-1-.02(5)--``Open Burning''; Rule 391-3-1-.03(6)--``Exemptions'' at 
paragraph (b), ``Combustion Equipment'' and paragraph (j), '' 
Construction Permit Exemption for Pollution Control Projects''; Rule 
391-3-1-.03(11)--``Permit by Rule''; and the repeal of Rule 391-3-
1-.05--``Regulatory Exemptions.'' The revisions to Rule 391-3-
1-.02(2)(zz)--``Gasoline Dispensing Facilities--Stage II,'' were 
approved on December 1, 2010. See 75 FR 74624. The revisions to Rule 
391-3-1-.02(2)(mmm)--``NOX Emissions from Stationary Gas 
Turbines and Stationary Engines used to Generate Electricity,'' were 
approved on August 1, 2015. See 80 FR 52627. EPA previously approved 
the revisions submitted to Rule 391-3-1-.03(6)--``Exemptions'' at 
paragraph (i), ``Other [sources]'' on April 9, 2013. See 78 FR 21065. 
EPA also previously approved the revisions submitted to Rule 391-3-
1-.03(6)--``Exemptions'' at paragraph (j), ``Construction Permit 
Exemption for Pollution Control Projects'' on February 9, 2010. See 75 
FR 6309. Finally, the change submitted to Rule 391-3-1-.03(6)--
``Exemptions,'' at paragraph (g), subparagraph 5, which revised 
applicability for an exemption for fuel burning operations at municipal 
solid waste landfills for NOX, was previously approved, as 
submitted on March 15, 2005, and therefore, is not before the EPA for 
consideration in this action. See 70 FR 24310 (May 9, 2005).

II. Analysis of Georgia's Submittal

A. Rule 391-3-1-.01--``Definitions''

    Georgia seeks to add a definition of ``pollution control projects'' 
to its SIP at Rule 391-3-1-.01(qqqq). This definition lists certain 
projects, described as ``environmentally beneficial,'' that are 
exempted from the minor new source review (NSR) construction permit 
requirements under Rule 391-3-1-.03(6)(j). The exemption does not apply 
to sources subject to major NSR requirements under either Rule 391-3-
1-.02(7) (``Prevention of Significant Deterioration [PSD] of Air 
Quality''), or Rule 391-3-1-.03(8) ``Permit Requirements'' under 
paragraph (c), (Georgia's nonattainment new source review (NNSR)). The 
exemption for pollution control projects applies to minor sources only, 
limiting any emissions increases from the exempted projects to below 
the major source thresholds for all pollutants.
    EPA previously approved the exemption for pollution control 
projects for minor sources at Rule 391-3-1-.03(6)(j) on February 9, 
2010. See 75 FR 6309. In this action, EPA is approving a definition of 
``pollution control projects'' at Rule 391-3-1-.01(qqqq). Because this 
definition only applies to minor sources, it is not impacted by the 
United States Court of Appeals for the District of Columbia Circuit 
decision in New York v. EPA, 413 F.3d 3 (D.C. Cir.), in which the D.C. 
Circuit vacated an exemption for pollution control projects from the 
federal NSR regulations for major sources. Georgia's major NSR rules 
are consistent with federal rules and the D.C. Circuit decision on 
pollution control projects for major NSR.
    Section 110(l) of the CAA prevents EPA from approving a SIP 
revision that would interfere with any applicable requirement 
concerning attainment and reasonable further progress (as defined in 
section 171), or any other applicable requirement of the Act. EPA has 
determined that the change to Rule 391-3-1-.01(qqqq) will not interfere 
with any applicable requirement concerning attainment or any other 
applicable requirement of the CAA because the change clarifies a 
previously approved exemption from the construction permit 
requirements.

B. Rule 391-3-1-.03(6)--``Exemptions''

    Georgia is revising existing exemptions from minor NSR permitting 
by adding language to clarify that these exemptions do not extend to 
sources that are subject to new source performance standards for 
stationary sources (NSPS) or national emission standards for hazardous 
air pollutants (NESHAPs). Georgia's SIP at Rule 391-3-1-.03(6) 
currently provides exemptions from permitting requirements, so long as 
the exemption is not used to avoid any other ``applicable 
requirement,'' such as NSPS or NESHAPS. Rule 391-3-1.03(6)(g)1. 
currently exempts sanitary wastewater collection systems other than 
incineration equipment from obtaining minor source construction 
permits; Rule 391-3-1-.03(6)(g)2. exempts on site soil or groundwater 
decontamination units from obtaining these permits. The September 19, 
2006, SIP revision changes these provisions to reiterate the condition 
that only systems and units in (g)1. and (g)2. that ``are not subject 
to any standard, limitation or other requirement under section 111 or 
section 112 (excluding section 112(r))'' of the CAA--corresponding to 
NSPS and NESHAPs, respectively--are

[[Page 29420]]

exempted. These changes became state effective on July 13, 2006.
    EPA has determined that these changes will not interfere with any 
applicable requirement concerning attainment or any other applicable 
requirement of the CAA and therefore satisfy section 110(l) of the CAA, 
because no substantive changes are made to the existing exemptions, and 
the clarifying amendments provide greater certainty to sources and the 
public about applicability of the Rule.

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 Rule 391-3-
1-.01(qqqq), ``Definitions,'' effective August 14, 2016,\1\ and Rule 
391-3-1-.03(6)(g) ``Permits,'' effective August 9, 2012.\2\ 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.\3\ EPA has 
made, and will continue to make, these materials generally available 
through https://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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    \1\ The effective date of the change to Rule 391-3-1-.01 made in 
Georgia's September 19, 2006, SIP revision is July 13, 2006. 
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 (January 5, 2017).
    \2\ The effective date of the change to Rule 391-3-1-.03 made in 
Georgia's September 19, 2006, SIP revision is July 13, 2006. 
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 July 26, 2012, SIP revision, which EPA 
previously approved on April 9, 2013. See 78 FR 21065.
    \3\ See 62 FR 27968 (May 22, 1997).
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IV. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP at 
Rules 391-3-1-.01(qqqq) and 391-3-1-.03(6)(g) because they 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 
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.

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, 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 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

[[Page 29421]]

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, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 14, 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. Amend Sec.  52.570(c) by revising the entries for ``391-3-1-.01'' 
and ``391-3-1-.03'' 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..........       8/14/2016  6/29/2017, [Insert Federal Register
                                                                            citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
391-3-1-.03.......................  Permits..............        8/9/2012  6/29/2017, [Insert Federal Register
                                                                            citation].
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2017-13536 Filed 6-28-17; 8:45 am]
BILLING CODE 6560-50-P



                                             29418                 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

                                                                                                                  EPA APPROVED GEORGIA REGULATIONS
                                                                                                                                                                        State
                                                        State citation                                                 Title/subject                                   effective     EPA approval date             Explanation
                                                                                                                                                                         date

                                             391–3–1–.01 ..........................       Definitions .............................................................    8/14/2016   6/29/2017, [Insert ci-
                                                                                                                                                                                     tation of publication]

                                                     *                           *                  *                             *                                           *                   *                      *
                                             391–3–1–.02(4) ..................... Ambient Air Standards .........................................                     10/14/2014   7/31/2015, 80 FR           EPA approved
                                                                                                                                                                                     45609                     changes to Rule
                                                                                                                                                                                                               391–3–1–.02(4)
                                                                                                                                                                                                               with state effective
                                                                                                                                                                                                               date August 1,
                                                                                                                                                                                                               2013 on June 29,
                                                                                                                                                                                                               2017 [Insert citation
                                                                                                                                                                                                               of publication]

                                                         *                            *                                *                             *                         *                     *                     *



                                             *      *        *       *       *                                     No. 62.5’’ for ‘‘Standard No. 2’’ to read                          (c) * * *
                                                                                                                   as follows:
                                             Subpart PP—South Carolina
                                                                                                                   § 52.2120         Identification of plan.
                                             ■ 3. Section 52.2120(c), is amended by
                                                                                                                   *        *         *        *         *
                                             revising the entry under ‘‘Regulation

                                                                                              AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA
                                                                                                                                                                        State                                   Federal Register
                                                        State citation                                                 Title/subject                                   effective     EPA approval date               notice
                                                                                                                                                                         date


                                                      *                           *                   *                        *                                              *                      *                      *
                                             Standard No. 2 ...................... Ambient Air Quality Standards .............................                         9/23/2016   6/29/2017                  [Insert citation of pub-
                                                                                                                                                                                                                 lication]

                                                         *                            *                                *                             *                         *                     *                     *



                                             *      *        *       *       *                                     changes to existing minor source                                 whose disclosure is restricted by statute.
                                             [FR Doc. 2017–13543 Filed 6–28–17; 8:45 am]                           permitting exemptions and approves a                             Multimedia submissions (audio, video,
                                             BILLING CODE 6560–50–P                                                definition related to minor source                               etc.) must be accompanied by a written
                                                                                                                   permitting exemptions. EPA is                                    comment. The written comment is
                                                                                                                   approving these portions of this SIP                             considered the official comment and
                                             ENVIRONMENTAL PROTECTION                                              revision because the State has                                   should include discussion of all points
                                             AGENCY                                                                demonstrated that they are consistent                            you wish to make. EPA will generally
                                                                                                                   with the Clean Air Act (CAA or Act).                             not consider comments or comment
                                             40 CFR Part 52
                                                                                                                   DATES: This direct final rule is effective                       contents located outside of the primary
                                             [EPA–R04–OAR–2007–0113; FRL–9964–06–                                  August 28, 2017 without further notice,                          submission (i.e., on the web, cloud, or
                                             Region 4]                                                             unless EPA receives adverse comment                              other file sharing system). For
                                                                                                                   by July 31, 2017. If EPA receives such                           additional submission methods, the full
                                             Air Plan Approval; Georgia: Permit                                    comment, it will publish a timely                                EPA public comment policy,
                                             Exemptions and Definitions                                            withdrawal of the direct final rule in the                       information about CBI or multimedia
                                             AGENCY: Environmental Protection                                      Federal Register and inform the public                           submissions, and general guidance on
                                             Agency (EPA).                                                         that the rule will not take effect.                              making effective comments, please visit
                                             ACTION: Direct final rule.                                            ADDRESSES: Submit your comments,                                 https://www2.epa.gov/dockets/
                                                                                                                   identified by Docket ID No. EPA–R04–                             commenting-epa-dockets.
                                             SUMMARY:    The Environmental Protection                              OAR–2007–0113 at https://
                                             Agency (EPA) is approving portions of                                 www.regulations.gov. Follow the online                           FOR FURTHER INFORMATION CONTACT:    D.
                                             a State Implementation Plan (SIP)                                     instructions for submitting comments.                            Brad Akers, Air Regulatory Management
                                             revision submitted by the State of                                    Once submitted, comments cannot be                               Section, Air Planning and
nlaroche on DSK30NT082PROD with RULES




                                             Georgia, through the Georgia                                          edited or removed from Regulations.gov.                          Implementation Branch, Air, Pesticides
                                             Department of Natural Resources’                                      EPA may publish any comment received                             and Toxics Management Division, U.S.
                                             Environmental Protection Division (GA                                 to its public docket. Do not submit                              Environmental Protection Agency,
                                             EPD), on September 19, 2006, with a                                   electronically any information you                               Region 4, 61 Forsyth Street SW.,
                                             clarification submitted on November 6,                                consider to be Confidential Business                             Atlanta, Georgia 30303–8960. Mr. Akers
                                             2006. This direct final action approves                               Information (CBI) or other information                           can be reached via telephone at (404)


                                        VerDate Sep<11>2014      15:31 Jun 28, 2017       Jkt 241001      PO 00000         Frm 00056      Fmt 4700       Sfmt 4700    E:\FR\FM\29JNR1.SGM   29JNR1


                                                                Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations                                        29419

                                             562–9089 or via electronic mail at                      Nitrogen Oxides [NOX] From Major                         EPA previously approved the
                                             akers.brad@epa.gov.                                     Sources’’; Rule 391–3–1–.02(2)(rrr)—                   exemption for pollution control projects
                                             SUPPLEMENTARY INFORMATION:                              ‘‘NOX Emissions from Small Fuel-                       for minor sources at Rule 391–3–1–
                                                                                                     Burning Equipment’’; Rule 391–3–1–                     .03(6)(j) on February 9, 2010. See 75 FR
                                             I. Background                                                                                                  6309. In this action, EPA is approving
                                                                                                     .02(4)—‘‘Ambient Air Standards’’; Rule
                                                On September 19, 2006, GA EPD                        391–3–1–.02(5)—‘‘Open Burning’’; Rule                  a definition of ‘‘pollution control
                                             submitted SIP revisions to EPA for                      391–3–1–.03(6)—‘‘Exemptions’’ at                       projects’’ at Rule 391–3–1–.01(qqqq).
                                             review and approval into the Georgia                    paragraph (b), ‘‘Combustion Equipment’’                Because this definition only applies to
                                             SIP. GA EPD submitted a clarification                   and paragraph (j), ’’ Construction Permit              minor sources, it is not impacted by the
                                             on November 6, 2006, which fixed                        Exemption for Pollution Control                        United States Court of Appeals for the
                                             typographical errors in the original                    Projects’’; Rule 391–3–1–.03(11)—                      District of Columbia Circuit decision in
                                             submission. The submission contains                     ‘‘Permit by Rule’’; and the repeal of Rule             New York v. EPA, 413 F.3d 3 (D.C. Cir.),
                                             changes to a number of Georgia’s air                    391–3–1–.05—‘‘Regulatory                               in which the D.C. Circuit vacated an
                                             quality rules at Rule 391–3–1. EPA is                   Exemptions.’’ The revisions to Rule                    exemption for pollution control projects
                                             approving the portions of the SIP                       391–3–1–.02(2)(zz)—‘‘Gasoline                          from the federal NSR regulations for
                                             revisions that modify Rule 391–3–1–                     Dispensing Facilities—Stage II,’’ were                 major sources. Georgia’s major NSR
                                             .01—‘‘Definitions,’’ and Rule 391–3–1–                  approved on December 1, 2010. See 75                   rules are consistent with federal rules
                                             .03(6)—‘‘Exemptions.’’ The changes                      FR 74624. The revisions to Rule 391–3–                 and the D.C. Circuit decision on
                                             requested by Georgia in the SIP revision                1–.02(2)(mmm)—‘‘NOX Emissions from                     pollution control projects for major
                                             are discussed below in Section II.                      Stationary Gas Turbines and Stationary                 NSR.
                                                EPA is not acting on the changes to
                                                                                                     Engines used to Generate Electricity,’’                   Section 110(l) of the CAA prevents
                                             the following rule sections proposed by
                                                                                                     were approved on August 1, 2015. See                   EPA from approving a SIP revision that
                                             Georgia because the rule sections are not
                                                                                                     80 FR 52627. EPA previously approved                   would interfere with any applicable
                                             incorporated into the SIP: Rule 391–3–
                                                                                                     the revisions submitted to Rule 391–3–                 requirement concerning attainment and
                                             1–.02(2)(ppp)—‘‘Commercial and
                                                                                                     1–.03(6)—‘‘Exemptions’’ at paragraph                   reasonable further progress (as defined
                                             Industrial Solid Waste Incinerators’’;
                                                                                                     (i), ‘‘Other [sources]’’ on April 9, 2013.             in section 171), or any other applicable
                                             Rule 391–3–1–.02(8)—‘‘New Source
                                                                                                     See 78 FR 21065. EPA also previously                   requirement of the Act. EPA has
                                             Performance Standards’’; Rule 391–3–1–
                                                                                                     approved the revisions submitted to                    determined that the change to Rule 391–
                                             .02(9)—‘‘Emission Standards for
                                                                                                     Rule 391–3–1–.03(6)—‘‘Exemptions’’ at                  3–1–.01(qqqq) will not interfere with
                                             Hazardous Air Pollutants’’; Rule 391–3–
                                             1–.03(9)—‘‘Permit Fees’’; and Rule 391–                 paragraph (j), ‘‘Construction Permit                   any applicable requirement concerning
                                             3–1–.03(10)—‘‘Title V Operating                         Exemption for Pollution Control                        attainment or any other applicable
                                             Permits. EPA is not acting on changes to                Projects’’ on February 9, 2010. See 75                 requirement of the CAA because the
                                             Rule 391–3–1–.02(2)(ooo)—‘‘Heavy                        FR 6309. Finally, the change submitted                 change clarifies a previously approved
                                             Duty Diesel Engine Requirements,’’                      to Rule 391–3–1–.03(6)—‘‘Exemptions,’’                 exemption from the construction permit
                                             included in the September 19, 2006,                     at paragraph (g), subparagraph 5, which                requirements.
                                             submittal because the changes were                      revised applicability for an exemption                 B. Rule 391–3–1–.03(6)—‘‘Exemptions’’
                                             withdrawn from EPA consideration by                     for fuel burning operations at municipal
                                             the State in a letter dated January 25,                 solid waste landfills for NOX, was                        Georgia is revising existing
                                             2016. EPA is not acting on changes to                   previously approved, as submitted on                   exemptions from minor NSR permitting
                                             Rule 391–3–1–.02(6)—‘‘Specific                          March 15, 2005, and therefore, is not                  by adding language to clarify that these
                                             Monitoring and Reporting Requirements                   before the EPA for consideration in this               exemptions do not extend to sources
                                             for Particular Sources—Emission                         action. See 70 FR 24310 (May 9, 2005).                 that are subject to new source
                                             Statements,’’ at paragraph (a)(4) because                                                                      performance standards for stationary
                                                                                                     II. Analysis of Georgia’s Submittal                    sources (NSPS) or national emission
                                             a subsequent revision to the rules,
                                             submitted on March 5, 2007, was                         A. Rule 391–3–1–.01—‘‘Definitions’’                    standards for hazardous air pollutants
                                             approved on November 27, 2009, and                                                                             (NESHAPs). Georgia’s SIP at Rule 391–
                                             supersedes the September 19, 2006,                         Georgia seeks to add a definition of                3–1–.03(6) currently provides
                                             submittal. See 74 FR 62249.                             ‘‘pollution control projects’’ to its SIP at           exemptions from permitting
                                             Accordingly, GA EPD withdrew this                       Rule 391–3–1–.01(qqqq). This definition                requirements, so long as the exemption
                                             superseded revision to Rule 391–3–1–                    lists certain projects, described as                   is not used to avoid any other
                                             .02(6) from EPA consideration in a letter               ‘‘environmentally beneficial,’’ that are               ‘‘applicable requirement,’’ such as NSPS
                                             dated December 1, 2016.                                 exempted from the minor new source                     or NESHAPS. Rule 391–3–1.03(6)(g)1.
                                                EPA has previously approved the                      review (NSR) construction permit                       currently exempts sanitary wastewater
                                             majority of revisions to Georgia rules                  requirements under Rule 391–3–1–                       collection systems other than
                                             originally included in the September 19,                .03(6)(j). The exemption does not apply                incineration equipment from obtaining
                                             2006, submittal. The following revisions                to sources subject to major NSR                        minor source construction permits; Rule
                                             were previously approved on February                    requirements under either Rule 391–3–                  391–3–1–.03(6)(g)2. exempts on site soil
                                             9, 2010 (75 FR 6309), as corrected on                   1–.02(7) (‘‘Prevention of Significant                  or groundwater decontamination units
                                             August 26, 2010 (75 FR 52470): Rule                     Deterioration [PSD] of Air Quality’’), or              from obtaining these permits. The
                                             391–3–1–.01—‘‘Definitions’’ at                          Rule 391–3–1–.03(8) ‘‘Permit                           September 19, 2006, SIP revision
                                             paragraph (llll), ‘‘Volatile Organic                    Requirements’’ under paragraph (c),                    changes these provisions to reiterate the
                                             Compound (VOC)’’ and at paragraph                       (Georgia’s nonattainment new source                    condition that only systems and units in
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                                             (nnnn), ‘‘Procedures for Testing and                    review (NNSR)). The exemption for                      (g)1. and (g)2. that ‘‘are not subject to
                                             Monitoring Sources of Air Pollutants’’;                 pollution control projects applies to                  any standard, limitation or other
                                             Rule 391–3–1–.02(2)(d)—‘‘Fuel Burning                   minor sources only, limiting any                       requirement under section 111 or
                                             Equipment’’; Rule 391–3–1–.02(2)(tt)—                   emissions increases from the exempted                  section 112 (excluding section 112(r))’’
                                             ‘‘VOC Emissions From Major Sources’’;                   projects to below the major source                     of the CAA—corresponding to NSPS
                                             Rule 391–3–1–.02(2)(yy)—‘‘Emissions of                  thresholds for all pollutants.                         and NESHAPs, respectively—are


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                                             29420              Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations

                                             exempted. These changes became state                    comments. However, in the proposed                     safety risks subject to Executive Order
                                             effective on July 13, 2006.                             rules section of this Federal Register                 13045 (62 FR 19885 (April 23, 1997));
                                                EPA has determined that these                        publication, EPA is publishing a                          • is not a significant regulatory action
                                             changes will not interfere with any                     separate document that will serve as the               subject to Executive Order 13211 (66 FR
                                             applicable requirement concerning                       proposal to approve the SIP revision                   28355 (May 22, 2001));
                                             attainment or any other applicable                      should adverse comments be filed. This                    • is not subject to requirements of
                                             requirement of the CAA and therefore                    rule will be effective August 28, 2017                 Section 12(d) of the National
                                             satisfy section 110(l) of the CAA,                      without further notice unless the                      Technology Transfer and Advancement
                                             because no substantive changes are                      Agency receives adverse comments by                    Act of 1995 (15 U.S.C. 272 note) because
                                             made to the existing exemptions, and                    July 31, 2017.                                         application of those requirements would
                                             the clarifying amendments provide                          If EPA receives such comments, then                 be inconsistent with the CAA; and
                                             greater certainty to sources and the                    EPA will publish a document                               • does not provide EPA with the
                                             public about applicability of the Rule.                 withdrawing the final rule and                         discretionary authority to address, as
                                                                                                     informing the public that the rule will                appropriate, disproportionate human
                                             III. Incorporation by Reference                                                                                health or environmental effects, using
                                                                                                     not take effect. All public comments
                                                In this rule, EPA is finalizing                      received will then be addressed in a                   practicable and legally permissible
                                             regulatory text that includes                           subsequent final rule based on the                     methods, under Executive Order 12898
                                             incorporation by reference. In                          proposed rule. EPA will not institute a                (59 FR 7629 (February 16, 1994)).
                                             accordance with requirements of 1 CFR                                                                             The SIP is not approved to apply on
                                                                                                     second comment period. Parties
                                             51.5, EPA is finalizing the incorporation                                                                      any Indian reservation land or in any
                                                                                                     interested in commenting should do so
                                             by reference of Rule 391–3–1–.01(qqqq),                                                                        other area where EPA or an Indian tribe
                                                                                                     at this time. If no such comments are
                                             ‘‘Definitions,’’ effective August 14,                                                                          has demonstrated that a tribe has
                                                                                                     received, the public is advised that this
                                             2016,1 and Rule 391–3–1–.03(6)(g)                                                                              jurisdiction. In those areas of Indian
                                                                                                     rule will be effective on August 28, 2017              country, the rule does not have tribal
                                             ‘‘Permits,’’ effective August 9, 2012.2                 and no further action will be taken on
                                             Therefore, these materials have been                                                                           implications as specified by Executive
                                                                                                     the proposed rule.                                     Order 13175 (65 FR 67249 (November 9,
                                             approved by EPA for inclusion in the
                                             State implementation plan, have been                    V. Statutory and Executive Order                       2000)), nor will it impose substantial
                                             incorporated by reference by EPA into                   Reviews                                                direct costs on tribal governments or
                                             that plan, are fully federally enforceable                                                                     preempt tribal law.
                                                                                                        Under the CAA, the Administrator is                    The Congressional Review Act, 5
                                             under sections 110 and 113 of the CAA                   required to approve a SIP submission
                                             as of the effective date of the final                                                                          U.S.C. 801 et seq., as added by the Small
                                                                                                     that complies with the provisions of the               Business Regulatory Enforcement
                                             rulemaking of EPA’s approval, and will                  Act and applicable federal regulations.
                                             be incorporated by reference by the                                                                            Fairness Act of 1996, generally provides
                                                                                                     See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                that before a rule may take effect, the
                                             Director of the Federal Register in the                 Thus, in reviewing SIP submissions,
                                             next update to the SIP compilation.3                                                                           agency promulgating the rule must
                                                                                                     EPA’s role is to approve state choices,                submit a rule report, which includes a
                                             EPA has made, and will continue to                      provided that they meet the criteria of
                                             make, these materials generally                                                                                copy of the rule, to each House of the
                                                                                                     the CAA. Accordingly, this action                      Congress and to the Comptroller General
                                             available through https://                              merely approves state law as meeting
                                             www.regulations.gov and/or at the EPA                                                                          of the United States. EPA will submit a
                                                                                                     federal requirements and does not                      report containing this action and other
                                             Region 4 Office (please contact the                     impose additional requirements beyond
                                             person identified in the FOR FURTHER                                                                           required information to the U.S. Senate,
                                                                                                     those imposed by state law. For that                   the U.S. House of Representatives, and
                                             INFORMATION CONTACT section of this                     reason, this action:
                                             preamble for more information).                                                                                the Comptroller General of the United
                                                                                                        • Is not a significant regulatory action            States prior to publication of the rule in
                                             IV. Final Action                                        subject to review by the Office of                     the Federal Register. A major rule
                                               EPA is approving the aforementioned                   Management and Budget under                            cannot take effect until 60 days after it
                                             changes to the Georgia SIP at Rules 391–                Executive Orders 12866 (58 FR 51735                    is published in the Federal Register.
                                             3–1–.01(qqqq) and 391–3–1–.03(6)(g)                     (October 4, 1993)) and 13563 (76 FR                    This action is not a ‘‘major rule’’ as
                                             because they are consistent with the                    3821 (January 21, 2011));                              defined by 5 U.S.C. 804(2).
                                             CAA. EPA is publishing this rule                           • does not impose an information                       Under section 307(b)(1) of the CAA,
                                             without prior proposal because the                      collection burden under the provisions                 petitions for judicial review of this
                                             Agency views this as a noncontroversial                 of the Paperwork Reduction Act (44                     action must be filed in the United States
                                             submittal and anticipates no adverse                    U.S.C. 3501 et seq.);                                  Court of Appeals for the appropriate
                                                                                                        • is certified as not having a                      circuit by August 28, 2017. Filing a
                                                1 The effective date of the change to Rule 391–3–    significant economic impact on a                       petition for reconsideration by the
                                             1–.01 made in Georgia’s September 19, 2006, SIP         substantial number of small entities                   Administrator of this final rule does not
                                             revision is July 13, 2006. However, for purposes of     under the Regulatory Flexibility Act (5                affect the finality of this action for the
                                             the state effective date included at 40 CFR             U.S.C. 601 et seq.);
                                             52.570(c), that change to Georgia’s rule is captured
                                                                                                                                                            purposes of judicial review nor does it
                                             and superseded by Georgia’s update in a November           • does not contain any unfunded                     extend the time within which a petition
                                             29, 2016, SIP revision, state effective on August 14,   mandate or significantly or uniquely                   for judicial review may be filed, and
                                             2016, which EPA previously approved on January          affect small governments, as described                 shall not postpone the effectiveness of
                                             5, 2017. See 82 FR 1207 (January 5, 2017).              in the Unfunded Mandates Reform Act
                                                2 The effective date of the change to Rule 391–3–
                                                                                                                                                            such rule or action. Parties with
                                                                                                     of 1995 (Pub. L. 104–4);                               objections to this direct final rule are
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                                             1–.03 made in Georgia’s September 19, 2006, SIP
                                             revision is July 13, 2006. However, for purposes of        • does not have Federalism                          encouraged to file a comment in
                                             the state effective date included at 40 CFR             implications as specified in Executive                 response to the parallel notice of
                                             52.570(c), that change to Georgia’s rule is captured    Order 13132 (64 FR 43255 (August 10,                   proposed rulemaking for this action
                                             and superseded by Georgia’s update in a July 26,
                                             2012, SIP revision, which EPA previously approved       1999));                                                published in the proposed rules section
                                             on April 9, 2013. See 78 FR 21065.                         • is not an economically significant                of this Federal Register, rather than file
                                                3 See 62 FR 27968 (May 22, 1997).                    regulatory action based on health or                   an immediate petition for judicial


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                                                                     Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations                                                                29421

                                             review of this direct final rule, so that                         Particulate matter, Sulfur oxides,                                 Authority: 42 U.S.C. 7401 et seq.
                                             EPA can withdraw this direct final rule                           Volatile organic compounds.
                                             and address the comment in the                                                                                                   Subpart L—Georgia
                                                                                                                 Dated: June 14, 2017.
                                             proposed rulemaking. This action may                              V. Anne Heard,
                                             not be challenged later in proceedings to                                                                                        ■ 2. Amend § 52.570(c) by revising the
                                                                                                               Acting Regional Administrator, Region 4.
                                             enforce its requirements. See section                                                                                            entries for ‘‘391–3–1–.01’’ and ‘‘391–3–
                                             307(b)(2).                                                            40 CFR part 52 is amended as follows:                      1–.03’’ to read as follows:

                                             List of Subjects in 40 CFR Part 52                                PART 52—APPROVAL AND                                           § 52.570    Identification of plan.
                                                                                                               PROMULGATION OF                                                *       *    *       *     *
                                               Environmental protection, Air                                   IMPLEMENTATION PLANS
                                             pollution control, Incorporation by                                                                                                  (c) * * *
                                             reference, Nitrogen dioxide, Ozone,                               ■ 1. The authority citation for part 52
                                                                                                               continues to read as follows:

                                                                                                             EPA APPROVED GEORGIA REGULATIONS
                                                                                                                                                    State
                                                             State citation                                Title/subject                                                 EPA approval date                   Explanation
                                                                                                                                                effective date

                                             391–3–1–.01 ................................   Definitions ....................................           8/14/2016     6/29/2017, [Insert Federal
                                                                                                                                                                       Register citation].


                                                         *                          *                              *                            *                       *                      *                      *

                                             391–3–1–.03 ................................   Permits .........................................           8/9/2012     6/29/2017, [Insert Federal
                                                                                                                                                                       Register citation].


                                                         *                          *                              *                            *                       *                      *                      *



                                             *       *         *       *      *                                approving the provisions establishing                          Bernalillo County Minor NSR
                                             [FR Doc. 2017–13536 Filed 6–28–17; 8:45 am]                       accelerated review and technical permit                        permitting program submitted on July
                                             BILLING CODE 6560–50–P
                                                                                                               revisions.                                                     26, 2013, as supplemented on April 21,
                                                                                                               DATES: This rule is effective on July 31,                      2016; July 5, 2016; September 19, 2016;
                                                                                                               2017.                                                          and December 20, 2016, that update the
                                             ENVIRONMENTAL PROTECTION                                          ADDRESSES: The EPA has established a                           regulations to be consistent with federal
                                             AGENCY                                                            docket for this action under Docket ID                         requirements for Minor NSR permitting,
                                                                                                               No. EPA–R06–OAR–2013–0615. All                                 remove a provision that refers to
                                             40 CFR Part 52                                                    documents in the docket are listed on                          obsolete ambient air standards that are
                                                                                                               the http://www.regulations.gov Web                             unique to the Albuquerque/Bernalillo
                                             [EPA–R06–OAR–2013–0615; FRL–9963–41–
                                             Region 6]                                                         site. Although listed in the index, some                       County Air Quality Control Board, and
                                                                                                               information is not publicly available,                         remove the reference to the State of New
                                             Approval and Promulgation of                                      e.g., Confidential Business Information                        Mexico non-methane hydrocarbon
                                             Implementation Plans; New Mexico;                                 or other information whose disclosure is                       standard in 20.11.44 NMAC. We also
                                             Albuquerque/Bernalillo County; New                                                                                               proposed to conditionally approve
                                                                                                               restricted by statute. Certain other
                                             Source Review (NSR) Preconstruction                                                                                              severable provisions submitted on July
                                                                                                               material, such as copyrighted material,
                                             Permitting Program                                                                                                               26, 2013, as supplemented on April 21,
                                                                                                               is not placed on the Internet and will be
                                                                                                                                                                              2016; July 5, 2016; September 19, 2016;
                                             AGENCY:  Environmental Protection                                 publicly available only in hard copy
                                                                                                                                                                              and December 20, 2016, which
                                             Agency (EPA).                                                     form. Publicly available docket
                                                                                                                                                                              establish, and pertain to, the accelerated
                                                                                                               materials are available either
                                             ACTION: Final rule.                                                                                                              permitting procedures, conflict of
                                                                                                               electronically through http://
                                                                                                                                                                              interest, and technical permit revisions.
                                             SUMMARY:   Pursuant to the Federal Clean                          www.regulations.gov or in hard copy at
                                             Air Act (CAA or the Act), the                                     the EPA Region 6, 1445 Ross Avenue,                            II. Final Action
                                             Environmental Protection Agency (EPA)                             Suite 700, Dallas, Texas 75202–2733.                              We are approving revisions to the City
                                             is approving portions of revisions to the                         FOR FURTHER INFORMATION CONTACT:                               of Albuquerque-Bernalillo County
                                             applicable New Source Review (NSR)                                Aimee Wilson, 214–665–7596,                                    Minor NSR permitting program
                                             State Implementation Plan (SIP) for the                           wilson.aimee@epa.gov.                                          submitted on July 26, 2013, as
                                             City of Albuquerque-Bernalillo County.                            SUPPLEMENTARY INFORMATION:                                     supplemented on April 21, 2016; July 5,
                                             The EPA is approving the following:                               Throughout this document ‘‘we,’’ ‘‘us,’’                       2016; September 19, 2016; and
                                             The establishment of a new Minor NSR                              and ‘‘our’’ means the EPA.                                     December 20, 2016. The revisions were
                                             general construction permitting                                                                                                  adopted and submitted in accordance
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                                             program; changes to the Minor NSR                                 I. Background                                                  with the requirements of the CAA and
                                             Public Participation requirements; and                              The background for this action is                            the EPA’s regulations regarding SIP
                                             the addition of exemptions from Minor                             discussed in detail in our March 10,                           development at 40 CFR part 51.
                                             NSR permitting for inconsequential                                2017 proposal (82 FR 13270). In that                           Additionally, we have determined that
                                             emission sources and activities.                                  document, we proposed to approve the                           the submitted revisions to the City of
                                             Additionally, the EPA is conditionally                            revisions to the City of Albuquerque-                          Albuquerque-Bernalillo County Minor


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Document Created: 2018-11-14 10:17:44
Document Modified: 2018-11-14 10:17:44
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 comment, 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 29418 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds

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