82 FR 47992 - Air Plan Approval: Georgia; New Source Review and Permitting Updates

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 198 (October 16, 2017)

Page Range		47992-47993
FR Document		2017-22251

Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the August 15, 2017, direct final rule that approves changes to Georgia's state implementation plan (SIP) related to new source review (NSR) permitting for prevention of significant deterioration (PSD). EPA will address the comment in a separate final action based upon the proposed rulemaking action, also published on August 15, 2017. EPA will not institute a second comment period on this action.

Federal Register, Volume 82 Issue 198 (Monday, October 16, 2017)

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Rules and Regulations]
[Pages 47992-47993]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22251]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0078; FRL-9969-42-Region 4]


Air Plan Approval: Georgia; New Source Review and Permitting 
Updates

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of an adverse comment, the Environmental 
Protection Agency (EPA) is withdrawing the August 15, 2017, direct 
final rule that approves changes to Georgia's state implementation plan 
(SIP) related to new source review (NSR) permitting for prevention of 
significant deterioration (PSD). EPA will address the comment in a 
separate final action based upon the proposed rulemaking action, also 
published on August 15, 2017. EPA will not institute a second comment 
period on this action.

DATES: The direct final rule published at 82 FR 38605, on August 15, 
2017, is withdrawn effective October 16, 2017.

FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On August 15, 2017 (82 FR 38605), EPA 
published a direct final rule approving portions of several SIP 
revisions submitted by the State of Georgia, through the Georgia 
Department of Natural Resources' Environmental Protection Division (GA 
EPD), on December 15, 2011, July 25, 2014, and November 12, 2014. EPA 
took a direct final action to approve portions of the December 15, 
2011, July 25, 2014, and November 12, 2014, submissions that made 
changes to the following GA EPD regulations: Rule 391-3-1-.02(7)--
``Prevention of Significant Deterioration of Air Quality (PSD),'' which 
applies to the construction and modification of any major stationary 
source in areas designated as attainment or unclassifiable as required 
by part C of title I of the CAA; and Rule 391-3-1-.03(8)--``Permit 
Requirements,'' which applies generally to the permitting program, 
including permitting requirements that apply to the construction and 
modification of any major stationary sources in nonattainment areas as 
required by part D of title I of the CAA, referred to as nonattainment 
new source review.
    In the direct final rule, EPA explained that the Agency was 
publishing the rule without prior proposal because the Agency viewed 
the submittal as a non-controversial SIP amendment and anticipated no 
adverse comments. Further, EPA explained that the Agency was publishing 
a separate document in the proposed rules section of the Federal 
Register to serve as the proposal to approve the SIP revisions should 
an adverse comment be filed. EPA also noted that the rule would be 
effective generally 30 days after the close of the public comment 
period, without further notice unless the Agency received adverse 
comment by the close of the public comment period. EPA explained that 
if the Agency received such comments, then EPA would publish a document 
withdrawing the final rule and informing the public that the rule would 
not take effect. EPA specified, however, that if a comment were 
received on an amendment, paragraph, or section of this rule and if 
that provision may be severed from the remainder of the rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment. It was also explained that all

[[Page 47993]]

public comments received would then be addressed in a subsequent final 
rule based on the proposed rule, and that EPA would not institute a 
second comment period on this action.
    EPA received one adverse comment from a single Commenter on the 
portion of the direct final rule that made changes to Rule 391-3-
1-.02(7) only, as submitted in the November 12, 2014, SIP revision. As 
a result of the comment received, EPA is withdrawing the direct final 
rule. EPA will address the comment in a separate final action based on 
the proposed action also published on August 15, 2017 (82 FR 38646). 
EPA will not open a second comment period for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Sulfur oxides, Volatile organic compounds


    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
Accordingly, the amendments to 40 CFR 52.570(c) published on August 15, 
2017 (82 FR 38605), are withdrawn effective October 16, 2017.

[FR Doc. 2017-22251 Filed 10-13-17; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 82, No. 198 / Monday, October 16, 2017 / Rules and Regulations 47993

public comments received would then action is being taken pursuant to the See 78 FR 21065. EPA is also approving
be addressed in a subsequent final rule Clean Air Act (CAA or Act). Rule 391–3–1.03(8)—‘‘Permit
based on the proposed rule, and that DATES: This rule is effective November Requirements’’ at paragraph (g), which
EPA would not institute a second 15, 2017. revises NNSR rules, and at paragraph (d)
comment period on this action. ADDRESSES: EPA has established a as explained in the August 15, 2017 (82
EPA received one adverse comment docket for this action under Docket FR 38646) direct final rule.
from a single Commenter on the portion Identification No. EPA–R04–OAR– Georgia’s November 12, 2014 SIP
of the direct final rule that made 2017–0078. All documents in the docket revision makes changes to the PSD
changes to Rule 391–3–1–.02(7) only, as are listed on the www.regulations.gov regulations to reflect changes to the
submitted in the November 12, 2014, Web site. Although listed in the index, federal PSD regulations at 40 CFR 52.21,
SIP revision. As a result of the comment some information may not be publicly including provisions promulgated in the
received, EPA is withdrawing the direct available, i.e., Confidential Business following federal rule: ‘‘Implementation
final rule. EPA will address the Information or other information whose of the New Source Review (NSR)
comment in a separate final action disclosure is restricted by statute. Program for Particulate Matter Less
based on the proposed action also Certain other material, such as Than 2.5 Micrometers (PM2.5): 1
published on August 15, 2017 (82 FR copyrighted material, is not placed on Amendment to the Definition of
38646). EPA will not open a second the Internet and will be publicly ‘Regulated NSR Pollutant’ Concerning
comment period for this action. available only in hard copy form. Condensable Particulate Matter,’’ Final
Publicly available docket materials are Rule, 77 FR 65107 (October 25, 2012)
List of Subjects in 40 CFR Part 52 (hereinafter referred to as the PM2.5
available either electronically through
Environmental protection, Air www.regulations.gov or in hard copy at Condensables Correction Rule).
pollution control, Carbon monoxide, the Air Regulatory Management Section, Georgia’s November 12, 2014 SIP
Incorporation by reference, Lead, Air Planning and Implementation revision also makes changes to Georgia’s
Nitrogen dioxide, Ozone, Particulate PSD program to incorporate plantwide
Branch, Air, Pesticides and Toxics
matter, Sulfur oxides, Volatile organic applicability limits (PALs) for
Management Division, U.S.
compounds greenhouse gases (GHGs) as allowed in
Environmental Protection Agency,
the federal rule entitled ‘‘Prevention of
Dated: September 29, 2017. Region 4, 61 Forsyth Street SW.,
Significant Deterioration and Title V
Atlanta, Georgia 30303–8960. EPA
Onis ‘‘Trey’’ Glenn, III, Greenhouse Gas Tailoring Rule Step 3
requests that if at all possible, you
Regional Administrator, Region 4. and GHG Plantwide Applicability
contact the person listed in the FOR
Limits.’’ See 77 FR 41051 (July 12, 2012)
PART 52—APPROVAL AND FURTHER INFORMATION CONTACT section to
(hereinafter referred to as the GHG Step
PROMULGATION OF schedule your inspection. The Regional
3 Rule).2
IMPLEMENTATION PLANS Office’s official hours of business are
Monday through Friday 8:30 a.m. to 1 Airborne particulate matter (PM) with a nominal

■ Accordingly, the amendments to 40 4:30 p.m., excluding Federal holidays. aerodynamic diameter of 2.5 micrometers or less (a
CFR 52.570(c) published on August 15, FOR FURTHER INFORMATION CONTACT: D. micrometer is one-millionth of a meter, and 2.5
micrometers is less than one-seventh the average
2017 (82 FR 38605), are withdrawn Brad Akers, Air Regulatory Management width of a human hair) are considered to be ‘‘fine
effective October 16, 2017. Section, Air Planning and particles’’ and are also known as PM2.5. Fine
[FR Doc. 2017–22251 Filed 10–13–17; 8:45 am] Implementation Branch, Air, Pesticides particles in the atmosphere are made up of a
and Toxics Management Division, U.S. complex mixture of components including sulfate;
BILLING CODE 6560–50–P nitrate; ammonium; elemental carbon; a great
Environmental Protection Agency, variety of organic compounds; and inorganic
Region 4, 61 Forsyth Street SW., material (including metals, dust, sea salt, and other
ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. Mr. Akers trace elements) generally referred to as ‘‘crustal’’
AGENCY can be reached via telephone at (404) material, although it may contain material from
other sources. The health effects associated with
562–9089 or via electronic mail at exposure to PM2.5 include potential aggravation of
40 CFR Part 52 akers.brad@epa.gov. respiratory and cardiovascular disease (i.e., lung
SUPPLEMENTARY INFORMATION: disease, decreased lung function, asthma attacks
[EPA–R04–OAR–2017–0078; FRL–9969–43– and certain cardiovascular issues). On July 18,
Region 4] I. What action is the Agency taking? 1997, EPA revised the NAAQS for PM to add new
standards for fine particles, using PM2.5 as the
On November 12, 2014, GA EPD indicator. Previously, EPA used PM10 (inhalable
Air Plan Approval; Georgia: New
submitted a SIP revision to EPA for particles smaller than or equal to 10 micrometers
Source Review Updates
approval that involves changes to in diameter) as the indicator for the PM NAAQS.
Georgia’s regulations to make them EPA established health-based (primary) annual and
AGENCY: Environmental Protection 24-hour standards for PM2.5, setting an annual
Agency (EPA). consistent with federal requirements for standard at a level of 15.0 micrograms per cubic
ACTION: Final rule. NSR permitting, among other changes. meter (mg/m3) and a 24-hour standard at a level of
As described below, EPA is approving 65 mg/m3 (62 FR 38652). At the time the 1997
SUMMARY: The Environmental Protection certain portions of this Georgia primary standards were established, EPA also
established welfare-based (secondary) standards
Agency (EPA) is taking final action to submission that makes changes to Rule identical to the primary standards. The secondary
approve changes to the Georgia State 391–3–1–.02(7)—‘‘Prevention of standards are designed to protect against major
Implementation Plan (SIP) to revise new Significant Deterioration of Air Quality environmental effects of PM2.5, such as visibility
source review (NSR) permitting (PSD),’’ which applies to the impairment, soiling, and materials damage. On
jstallworth on DSKBBY8HB2PROD with RULES

October 17, 2006, EPA revised the primary and
regulations. EPA is approving a SIP construction and modification of any secondary 24-hour NAAQS for PM2.5 to 35 mg/m3
revision submitted by the State of major stationary source in areas and retained the existing annual PM2.5 NAAQS of
Georgia, through the Georgia designated as attainment or 15.0 mg/m3 (71 FR 61236). On January 15, 2013,
Department of Natural Resources’ unclassifiable as required by part C of EPA published a final rule revising the annual
PM2.5 NAAQS to 12 mg/m3(78 FR 3086).
Environmental Protection Division (GA title I of the CAA. Georgia’s PSD 2 The PM
2.5 Condensables Correction Rule and the
EPD), on December 15, 2011, July 25, regulations at Rule 391–3–1–.02(7) were GHG Step 3 Rule are discussed in more detail in
2014, and November 12, 2014. This last updated in the SIP on April 9, 2013. Continued

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Document Created: 2017-10-14 01:42:18
Document Modified: 2017-10-14 01:42:18

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		Withdrawal of direct final rule.
Dates		The direct final rule published at 82 FR 38605, on August 15, 2017, is withdrawn effective October 16, 2017.
Contact		D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]
FR Citation		82 FR 47992
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Sulfur Oxides and Volatile Organic Compounds