82 FR 35106 - Air Plan Approval; Georgia; Miscellaneous Revisions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 144 (July 28, 2017)
Federal Register Volume 82, Issue 144 (July 28, 2017)
| Page Range | 35106-35109 | |
| FR Document | 2017-15737 |
[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)] [Rules and Regulations] [Pages 35106-35109] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15737] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0021; FRL-9965-25-Region 4] Air Plan Approval; Georgia; Miscellaneous Revisions AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve portions of State Implementation Plan (SIP) revisions submitted by the State of Georgia, through the Georgia Department of Natural Resources' Environmental Protection Division (GA EPD), on November 29, 2010, and July 25, 2014. These changes correct a numbering error, clarify rule applicability and remove obsolete tables and references in multiple rules. EPA is approving portions of these SIP revisions because the State has demonstrated that they are consistent with the Clean Air Act (CAA or Act). DATES: This direct final rule is effective September 26, 2017 without further notice, unless EPA receives adverse comment by August 28, 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-2017-0021 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: Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can also be reached via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background On November 29, 2010, and July 25, 2014, GA EPD submitted revisions to EPA for review and approval into the Georgia SIP that contain changes to a number of Georgia's air quality rules in Rule 391-3-1. The changes that EPA is approving into the SIP modify Rule 391-3-1-.01, ``Definitions,'' and Rule 391-3-1-.02, ``Provisions.'' The changes requested by Georgia in these proposed SIP revisions are discussed below. The November 29, 2010, submittal includes a change to Rule 391-3- 1-.01(nnnn), ``Procedures for Testing and Monitoring Sources of Air Pollutants.'' EPA approved this change on January 5, 2017 (82 FR 1206). EPA is not acting on changes to Rule 391-3-1-.02(2)(sss), ``Multipollutant Control for Electric Utility Steam Generating Units'' and Rule 391-3-1-.14--``General Conformity'' included in the November 29, 2010, submittal because the rules are not part of the SIP and the State's prior request to incorporate the rule into the SIP was withdrawn from EPA consideration by the State in a letter dated December 1, 2016.\1\ --------------------------------------------------------------------------- \1\ The December 1, 2016 letter is included in the docket for this action. --------------------------------------------------------------------------- The July 25, 2014, submittal includes several changes that are not part of this action. Rule 391-3-1-.01(llll), ``Volatile organic compound,'' was approved on October 5, 2016, (81 FR 68936) and Rule 391-3-1-.01(nnnn), ``Procedures for Testing and Monitoring Sources of Air Pollutants,'' was approved on January 5, 2017, (82 FR 1206). With respect to GA EPD's submission related to Rule 391-3-1-.02(4), ``Ambient Air Standards,'' and Rule 391-3-1-.03(8), ``Permit Requirements,'' EPA will act on these changes in a separate action. II. Analysis of State's Submittal A. November 29, 2010 Submittal Georgia's November 29, 2010, submittal makes only one administrative edit to Rule 391-3-1-.02(2)(ss), ``Gasoline Transport Vehicles and Vapor Collection Systems.'' Specifically, the submittal fixes a numbering error at Rule 391-3- [[Page 35107]] 1.02(2)(ss)(5) by revising the citation for a provision defining the term ``Vapor Control System'' from ``iv'' to ``vi.'' EPA is approving this administrative change to Rule 391-3-1-.02(2)(ss) into the SIP. This change became state effective on October 6, 2010. B. July 25, 2014 Submittal Georgia's July 25, 2014, submission makes multiple changes to Rule 391-3-1-.02. GA EPD revises two sections in Rule 391-3-1-.02(2)(a), ``General Provisions.'' The first change adds a subparagraph at Rule 391-3- 1-.02(2)(a)6.(i)(VI), which clarifies applicability requirements for certain volatile organic compound (VOC) emission standards. This change clarifies that, when calculating emissions for purposes of an applicability determination for each standard, the source should only include emissions from units belonging to the source category to which the standard would apply. The second change removes a paragraph at Rule 391-3-1.02(2)(a)9., titled Kraft Pulp Mill Total Reduced Sulfur (TRS) Compliance Schedules. Kraft Pulp Mill sources were required to comply with the TRS Compliance Schedule no later than 43 months after the September 1, 1988, notification date. New sources after April 1, 1992, have to be in compliance upon start-up. The July 25, 2014, SIP submittal deletes paragraph 9 because sources have met the TRS compliance schedule, so the provision is obsolete. Additionally, Georgia makes an administrative change to Rule 391-3-1-.02 (2)(gg), ``Kraft Pulp Mills,'' by removing reference to the approval of the TRS Compliance Schedule in subparagraph 2(i)(V). Rule 391-3-1-.02(2)(e), ``Particulate Emission from Manufacturing Processes,'' establishes allowable particulate matter emission limits for sources that are not subject to another rule or permit condition. The rule currently provides equations to calculate allowable emission rates based on process input weight rate for new and existing equipment. In addition, two tables, Ia and Ib, also provide the allowable emissions rates. Georgia is removing these two tables since the equations in the rule serve the same purpose, and as such this change is administrative in nature. Rule 391-3-1-.02(2)(l), ``Conical Burners.'' This rule was first incorporated in the SIP to address the use of conical burners for wood waste burning. These burners gradually went out of service and are no longer in operation in Georgia. The July 25, 2014, SIP submittal removes the regulation for conical burners as it is no longer applicable and is obsolete. Moreover, if a source were to begin operating in Georgia in the future, it would be subject to new source review, as well as the new source performance standards and emission guidelines for commercial and industrial solid waste incineration units in 40 Code of Federal Regulations (CFR) Part 60 Subparts CCCC and DDDD, thus ensuring that the source would not interfere with any applicable requirement under the CAA. Rule 391-3-1-.02(2)(o), ``Cupola Furnaces for Metallurgical Melting.'' This rule was first incorporated in the SIP to address particulate emissions from foundries. These sources are no longer operating in Georgia. This change removes the regulation for cupola furnaces for metallurgical melting as it is no longer applicable and is obsolete. Moreover, if a source were to begin operating in the future, it would be subject to new source review, as well as 40 CFR part 63 Subpart EEEEE or ZZZZZ, thus ensuring that the source would not interfere with any applicable requirement under the CAA. Rule 391-3-1-.02(2)(p), ``Particulate Emissions from Kaolin and Fuller's Earth Processes.'' This rule was first incorporated in the SIP to establish allowable particulate emission limits from clay processing operations. The rule currently provides equations to calculate allowable emission rates based on process input weight rate for new and existing equipment. In addition, two tables, IIa and IIb, also provide the allowable emissions rates. Georgia is removing these two tables since the equations in the rule serve the same purpose, and as such this change is administrative in nature. Rule 391-3-1-.02(2)(q), ``Particulate Emissions from Cotton Gins.'' This rule was first incorporated in the SIP to address particulate emissions from cotton ginning operations. The rule currently provides an equation to calculate allowable emission rates based on number of standard bales per hour. In addition, table IIIa also provides the allowable emissions rates. Georgia is removing this table since the equation in the rule serves the same purpose, and as such this change is administrative in nature. Rule 391-3-1-.02(6)(a), ``Specific Monitoring and Reporting Requirements for Particular Sources.'' This rule was first incorporated in the SIP on September 18, 1979 (44 FR 54047), to address sources subject to any of the Standards of Performance for New Stationary Sources of or pursuant to 42 U.S.C. 7411, as amended, or National Emission Standards for Hazardous Air Pollutants of or pursuant to 42 U.S.C. 7412. Sources subject to the rule were required to install monitoring equipment and begin monitoring within 18 months of the 1979 rulemaking. After the implementation period, new sources must be in compliance with monitoring requirements upon startup. Georgia is removing subparagraph 391-3-1-.02(6)(a)(2)(x), as the implementation period has passed and is now obsolete. EPA is approving the aforementioned changes from the July 25, 2014, submittal into the SIP because the rules are consistent with CAA section 110. These changes became state effective on August 1, 2013. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Georgia Rule 391-3-1-.02(2)(ss), ``Gasoline Transport Vehicles and Vapor Collection Systems,'' effective October 6, 2010, and Rule 391-3-1-.02(2)(a), ``General Provisions,'' Rule 391-3-1-.02(2)(e), ``Particulate Emission from Cotton Gins,'' 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 (2)(gg), ``Kraft Pulp Mills, '' and Rule 391-3-1-.02(6) ''Specific Monitoring,'' effective August 1, 2013. Therefore, these materials have been approved by EPA for inclusion in the SIP, 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.\2\ 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). --------------------------------------------------------------------------- \2\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- IV. Final Action EPA is approving the aforementioned changes to the SIP because they are consistent with the CFR and 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 [[Page 35108]] 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 September 26, 2017 without further notice unless the Agency receives adverse comments by August 28, 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 September 26, 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 do not impose additional requirements beyond those imposed by state law. For that reason, these actions:Are not significant regulatory actions 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 (Pub. L. 104-4); do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); are not significant regulatory actions 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). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 26, 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 today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: July 12, 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: 0 (A) Removing the entries for ``391-3-1-.02(2)(l),'' and ``391-3- 1-.02(2)(o).'' 0 (B) Revising the entries for ``391-3-1-.02(2)(a),'' ``391-3- 1-.02(2)(e),'' ``391-3-1-.02(2)(p),'' ``391-3-1-.02(2)(q),'' ``391-3- 1-.02(2)(gg),'' ``391-3-1-.02(2)(ss),'' and ``391-3-1-.02(6)'' to read as follows: Sec. 52.570 Identification of plan. * * * * * (c) * * * [[Page 35109]] EPA Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 391-3-1-.02(2)(a)................. General Provisions. 8/1/2013 7/28/2017, [Insert Except for citation of paragraph 391-3-1- publication]. .02(2)(a)1 (as approved on 3/16/ 06). * * * * * * * 391-3-1-.02(2)(e)................. Particulate 8/1/2013 7/28/2017, [Insert .................. Emission from citation of Manufacturing publication]. Processes. * * * * * * * 391-3-1-.02(2)(p)................. Particulate 8/1/2013 7/28/2017, [Insert .................. Emissions from citation of Kaolin and publication]. Fuller's. Earth Processes.... 391-3-1-.02(2)(q)................. Particulate 8/1/2013 7/28/2017, [Insert .................. Emissions from citation of Cotton Gins. publication]. * * * * * * * 391-3-1-.02(2)(gg)................ Kraft Pulp Mills... 8/1/2013 7/28/2017, [Insert .................. citation of publication]. * * * * * * * 391-3-1-.02(2)(ss)................ Gasoline Transport 10/6/2010 7/28/2017, [Insert .................. Systems and Vapor citation of Collection Systems. publication]. * * * * * * * 391-3-1-.02(6).................... Source Monitoring.. 8/1/2013 7/28/2017, [Insert .................. citation of publication]. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2017-15737 Filed 7-27-17; 8:45 am] BILLING CODE 6560-50-P
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EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP
Code of Mary-
land Administra- State effective Additional explanation/citation at
tive Regulations Title/subject EPA approval date
date 40 CFR 52.1100
(COMAR) cita-
tion
* * * * * * *
26.11.10 Control of Iron and Steel Production Installations
* * * * * * *
26.11.10.06 ....... Control of Volatile Organic Com- 05/09/2016 7/28/2017 [Insert Federal Reg- Removed reference to TM 90–01
pounds from Iron and Steel Pro- ister citation]. from C(3)(b) and added ref-
duction Installations. erence to COMAR 26.11.01.11.
* * * * * * *
* * * * * instructions for submitting comments. 3-1–.01, ‘‘Definitions,’’ and Rule 391-3-
[FR Doc. 2017–15733 Filed 7–27–17; 8:45 am] Once submitted, comments cannot be 1–.02, ‘‘Provisions.’’ The changes
BILLING CODE 6560–50–P edited or removed from Regulations.gov. requested by Georgia in these proposed
EPA may publish any comment received SIP revisions are discussed below.
to its public docket. Do not submit The November 29, 2010, submittal
ENVIRONMENTAL PROTECTION electronically any information you includes a change to Rule 391-3-1–
AGENCY consider to be Confidential Business .01(nnnn), ‘‘Procedures for Testing and
Information (CBI) or other information Monitoring Sources of Air Pollutants.’’
40 CFR Part 52 whose disclosure is restricted by statute. EPA approved this change on January 5,
[EPA–R04–OAR–2017–0021; FRL–9965–25– Multimedia submissions (audio, video, 2017 (82 FR 1206). EPA is not acting on
Region 4] etc.) must be accompanied by a written changes to Rule 391-3-1–.02(2)(sss),
comment. The written comment is ‘‘Multipollutant Control for Electric
Air Plan Approval; Georgia; considered the official comment and Utility Steam Generating Units’’ and
Miscellaneous Revisions should include discussion of all points Rule 391-3-1–.14—‘‘General
AGENCY: Environmental Protection you wish to make. EPA will generally Conformity’’ included in the November
Agency (EPA). not consider comments or comment 29, 2010, submittal because the rules are
ACTION: Direct final rule. contents located outside of the primary not part of the SIP and the State’s prior
submission (i.e. on the web, cloud, or request to incorporate the rule into the
SUMMARY: The Environmental Protection other file sharing system). For SIP was withdrawn from EPA
Agency (EPA) is taking direct final additional submission methods, the full consideration by the State in a letter
action to approve portions of State EPA public comment policy, dated December 1, 2016.1
Implementation Plan (SIP) revisions information about CBI or multimedia The July 25, 2014, submittal includes
submitted by the State of Georgia, submissions, and general guidance on several changes that are not part of this
through the Georgia Department of making effective comments, please visit action. Rule 391-3-1–.01(llll), ‘‘Volatile
Natural Resources’ Environmental http://www2.epa.gov/dockets/ organic compound,’’ was approved on
Protection Division (GA EPD), on commenting-epa-dockets. October 5, 2016, (81 FR 68936) and Rule
November 29, 2010, and July 25, 2014. FOR FURTHER INFORMATION CONTACT: 391-3-1–.01(nnnn), ‘‘Procedures for
These changes correct a numbering Richard Wong, Air Regulatory Testing and Monitoring Sources of Air
error, clarify rule applicability and Management Section, Air Planning and Pollutants,’’ was approved on January 5,
remove obsolete tables and references in Implementation Branch, Air, Pesticides 2017, (82 FR 1206). With respect to GA
multiple rules. EPA is approving and Toxics Management Division, U.S. EPD’s submission related to Rule 391-3-
portions of these SIP revisions because Environmental Protection Agency, 1–.02(4), ‘‘Ambient Air Standards,’’ and
the State has demonstrated that they are Region 4, 61 Forsyth Street SW., Rule 391-3-1–.03(8), ‘‘Permit
consistent with the Clean Air Act (CAA Atlanta, Georgia 30303–8960. The Requirements,’’ EPA will act on these
or Act). telephone number is (404) 562–8726. changes in a separate action.
DATES: This direct final rule is effective Mr. Wong can also be reached via
September 26, 2017 without further II. Analysis of State’s Submittal
electronic mail at wong.richard@
notice, unless EPA receives adverse epa.gov. A. November 29, 2010 Submittal
comment by August 28, 2017. If EPA
SUPPLEMENTARY INFORMATION: Georgia’s November 29, 2010,
receives such comments, it will publish
submittal makes only one
asabaliauskas on DSKBBXCHB2PROD with RULES
a timely withdrawal of the direct final I. Background
administrative edit to Rule 391-3-1–
rule in the Federal Register and inform On November 29, 2010, and July 25, .02(2)(ss), ‘‘Gasoline Transport Vehicles
the public that the rule will not take 2014, GA EPD submitted revisions to and Vapor Collection Systems.’’
effect. EPA for review and approval into the Specifically, the submittal fixes a
ADDRESSES: Submit your comments, Georgia SIP that contain changes to a numbering error at Rule 391-3-
identified by Docket ID No. EPA–R04– number of Georgia’s air quality rules in
OAR–2017–0021 at http:// Rule 391-3-1. The changes that EPA is 1 The December 1, 2016 letter is included in the
www.regulations.gov. Follow the online approving into the SIP modify Rule 391- docket for this action.
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rules section of this Federal Register • do not contain any unfunded Court of Appeals for the appropriate
publication, EPA is publishing a mandate or significantly or uniquely circuit by September 26, 2017. Filing a
separate document that will serve as the affect small governments, as described petition for reconsideration by the
proposal to approve the SIP revision in the Unfunded Mandates Reform Act Administrator of this final rule does not
should adverse comments be filed. This of 1995 (Pub. L. 104–4); affect the finality of this action for the
rule will be effective September 26, • do not have Federalism purposes of judicial review nor does it
2017 without further notice unless the implications as specified in Executive extend the time within which a petition
Agency receives adverse comments by Order 13132 (64 FR 43255, August 10, for judicial review may be filed, and
August 28, 2017. 1999); shall not postpone the effectiveness of
If EPA receives such comments, then • are not economically significant such rule or action. Parties with
EPA will publish a document regulatory actions based on health or objections to this direct final rule are
withdrawing the final rule and safety risks subject to Executive Order encouraged to file a comment in
informing the public that the rule will 13045 (62 FR 19885, April 23, 1997); response to the parallel notice of
not take effect. All public comments • are not significant regulatory proposed rulemaking for this action
received will then be addressed in a actions subject to Executive Order published in the proposed rules section
subsequent final rule based on the 13211 (66 FR 28355, May 22, 2001); of today’s Federal Register, rather than
proposed rule. EPA will not institute a • are not subject to requirements of file an immediate petition for judicial
second comment period. Parties Section 12(d) of the National review of this direct final rule, so that
interested in commenting should do so Technology Transfer and Advancement EPA can withdraw this direct final rule
at this time. If no such comments are Act of 1995 (15 U.S.C. 272 note) because and address the comment in the
received, the public is advised that this application of those requirements would proposed rulemaking. This action may
rule will be effective on September 26, be inconsistent with the CAA; and not be challenged later in proceedings to
2017 and no further action will be taken • do not provide EPA with the
enforce its requirements. See section
on the proposed rule. Please note that if discretionary authority to address, as
307(b)(2).
we receive adverse comment on an appropriate, disproportionate human
amendment, paragraph, or section of health or environmental effects, using List of Subjects in 40 CFR Part 52
this rule and if that provision may be practicable and legally permissible
Environmental protection, Air
severed from the remainder of the rule, methods, under Executive Order 12898
pollution control, Carbon monoxide,
we may adopt as final those provisions (59 FR 7629, February 16, 1994).
The SIP is not approved to apply on Incorporation by reference,
of the rule that are not the subject of an Intergovernmental relations, Lead,
adverse comment. any Indian reservation land or in any
other area where EPA or an Indian tribe Nitrogen dioxide, Ozone, Particulate
V. Statutory and Executive Order has demonstrated that a tribe has matter, Reporting and recordkeeping
Reviews jurisdiction. In those areas of Indian requirements, Sulfur oxides, Volatile
country, the rule does not have tribal organic compounds.
Under the CAA, the Administrator is
required to approve a SIP submission implications as specified by Executive Dated: July 12, 2017.
that complies with the provisions of the Order 13175 (65 FR 67249, November 9, V. Anne Heard,
Act and applicable federal regulations. 2000), nor will it impose substantial Acting Regional Administrator, Region 4.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). direct costs on tribal governments or
preempt tribal law. 40 CFR part 52 is amended as follows:
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices, The Congressional Review Act, 5
PART 52—[APPROVAL AND
provided that they meet the criteria of U.S.C. 801 et seq., as added by the Small
PROMULGATION OF
the CAA. Accordingly, these actions Business Regulatory Enforcement
IMPLEMENTATION PLANS]
merely approve state law as meeting Fairness Act of 1996, generally provides
federal requirements and do not impose that before a rule may take effect, the
■ 1. The authority citation for part 52
additional requirements beyond those agency promulgating the rule must
continues to read as follows:
imposed by state law. For that reason, submit a rule report, which includes a
these actions: copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
• Are not significant regulatory Congress and to the Comptroller General
of the United States. EPA will submit a Subpart L—Georgia
actions subject to review by the Office
of Management and Budget under report containing this action and other
required information to the U.S. Senate, ■ 2. Section 52.570(c) is amended by:
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, the U.S. House of Representatives, and ■ (A) Removing the entries for ‘‘391-3-
January 21, 2011); the Comptroller General of the United 1–.02(2)(l),’’ and ‘‘391-3-1–.02(2)(o).’’
• do not impose an information States prior to publication of the rule in ■ (B) Revising the entries for ‘‘391-3-1–
collection burden under the provisions the Federal Register. A major rule .02(2)(a),’’ ‘‘391-3-1–.02(2)(e),’’ ‘‘391-3-
of the Paperwork Reduction Act (44 cannot take effect until 60 days after it 1–.02(2)(p),’’ ‘‘391-3-1–.02(2)(q),’’ ‘‘391-
U.S.C. 3501 et seq.); is published in the Federal Register. 3-1–.02(2)(gg),’’ ‘‘391-3-1–.02(2)(ss),’’
• are certified as not having a This action is not a ‘‘major rule’’ as and ‘‘391-3-1–.02(6)’’ to read as follows:
significant economic impact on a defined by 5 U.S.C. 804(2).
substantial number of small entities Under section 307(b)(1) of the CAA, § 52.570 Identification of plan.
asabaliauskas on DSKBBXCHB2PROD with RULES
under the Regulatory Flexibility Act (5 petitions for judicial review of this * * * * *
U.S.C. 601 et seq.); action must be filed in the United States (c) * * *
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![Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / Rules and Regulations 35109
EPA APPROVED GEORGIA REGULATIONS
State
State citation Title/subject EPA approval date Explanation
effective date
* * * * * * *
391-3-1–.02(2)(a) ............ General Provisions ................... 8/1/2013 7/28/2017, [Insert citation of Except for paragraph 391–3–1–
publication]. .02(2)(a)1 (as approved on 3/
16/06).
* * * * * * *
391-3-1–.02(2)(e) ............ Particulate Emission from Man- 8/1/2013 7/28/2017, [Insert citation of
ufacturing Processes. publication].
* * * * * * *
391-3-1–.02(2)(p) ............ Particulate Emissions from Ka- 8/1/2013 7/28/2017, [Insert citation of
olin and Fuller’s. publication].
Earth Processes .......................
391-3-1–.02(2)(q) ............ Particulate Emissions from Cot- 8/1/2013 7/28/2017, [Insert citation of
ton Gins. publication].
* * * * * * *
391-3-1–.02(2)(gg) .......... Kraft Pulp Mills ......................... 8/1/2013 7/28/2017, [Insert citation of
publication].
* * * * * * *
391-3-1–.02(2)(ss) .......... Gasoline Transport Systems 10/6/2010 7/28/2017, [Insert citation of
and Vapor Collection Sys- publication].
tems.
* * * * * * *
391-3-1–.02(6) ................ Source Monitoring .................... 8/1/2013 7/28/2017, [Insert citation of
publication].
* * * * * * *
* * * * * ADDRESSES: The docket for this action, I. General Information
[FR Doc. 2017–15737 Filed 7–27–17; 8:45 am] identified by docket identification (ID)
A. Does this action apply to me?
BILLING CODE 6560–50–P number EPA–HQ–OPP–2016–0064, is
available at http://www.regulations.gov You may be potentially affected by
or at the Office of Pesticide Programs this action if you are an agricultural
ENVIRONMENTAL PROTECTION Regulatory Public Docket (OPP Docket) producer, food manufacturer, or
AGENCY in the Environmental Protection Agency pesticide manufacturer. The following
40 CFR Part 180 Docket Center (EPA/DC), West William list of North American Industrial
Jefferson Clinton Bldg., Rm. 3334, 1301 Classification System (NAICS) codes is
Constitution Ave. NW., Washington, DC not intended to be exhaustive, but rather
[EPA–HQ–OPP–2016–0064; FRL–9962–96]
20460–0001. The Public Reading Room provides a guide to help readers
Fenamidone; Pesticide Tolerances is open from 8:30 a.m. to 4:30 p.m., determine whether this document
Monday through Friday, excluding legal applies to them. Potentially affected
AGENCY: Environmental Protection holidays. The telephone number for the entities may include:
Agency (EPA). Public Reading Room is (202) 566–1744, • Crop production (NAICS code 111).
ACTION: Final rule. and the telephone number for the OPP
Docket is (703) 305–5805. Please review • Animal production (NAICS code
SUMMARY: This regulation establishes 112).
the visitor instructions and additional
tolerances for residues of fenamidone in • Food manufacturing (NAICS code
information about the docket available
or on multiple commodities which are 311).
identified and discussed later in this at http://www.epa.gov/dockets.
document. Interregional Research FOR FURTHER INFORMATION CONTACT: • Pesticide manufacturing (NAICS
Project Number 4 (IR–4) requested these Michael Goodis, Registration Division code 32532).
tolerances under the Federal Food, (7505P), Office of Pesticide Programs, B. How can I get electronic access to
Drug, and Cosmetic Act (FFDCA). Environmental Protection Agency, 1200 other related information?
asabaliauskas on DSKBBXCHB2PROD with RULES
DATES: This regulation is effective July Pennsylvania Ave. NW., Washington,
28, 2017. Objections and requests for DC 20460–0001; main telephone You may access a frequently updated
hearings must be received on or before number: (703) 305–7090; email address: electronic version of EPA’s tolerance
September 26, 2017, and must be filed RDFRNotices@epa.gov. regulations at 40 CFR part 180 through
in accordance with the instructions the Government Printing Office’s e-CFR
provided in 40 CFR part 178 (see also SUPPLEMENTARY INFORMATION: site at http://www.ecfr.gov/cgi-bin/text-
Unit I.C. of the SUPPLEMENTARY idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
INFORMATION). 40tab_02.tpl.
VerDate Sep<11>2014 17:01 Jul 27, 2017 Jkt 241001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\28JYR1.SGM 28JYR1](https://thefederalregister.org/doc/82_FR_35250/page/4.svg)
Document Created: 2017-07-28 03:10:11
Document Modified: 2017-07-28 03:10:11
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This direct final rule is effective September 26, 2017 without further notice, unless EPA receives adverse comment by August 28, 2017. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Richard Wong, 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. The telephone number is (404) 562-8726. Mr. Wong can also be reached via electronic mail at [email protected] | |
| FR Citation | 82 FR 35106 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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