
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Proposed Rules]
[Pages 1037-1039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00792]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0064; FRL-9988-81-Region 4]


Air Plan Approval; Georgia: Permit Exemption for Fire Fighting 
Equipment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
proposing to approve two revisions to the Georgia State Implementation 
Plan (SIP), submitted by the State of Georgia, through the Georgia 
Environmental Protection Division (Georgia EPD), with two letters dated 
November 13, 2017, and July 31, 2018. Specifically, EPA is proposing to 
approve changes that revise existing exemptions for firefighting 
equipment. EPA is proposing to approve this SIP revision because the 
Agency believes that it is consistent with the Clean Air Act (CAA or 
Act).

DATES: Comments must be received on or before March 4, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2018-0064 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: Andres Febres, 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) 562-8966. Mr. Febres can also 
be reached via electronic mail at febres-martinez.andres@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. What action is the Agency proposing?

    Through a letter dated November 13, 2017, Georgia EPD submitted a 
SIP revision for EPA's approval that included several miscellaneous 
rule amendments.\1\ Specifically, the November 13, 2017, SIP revision 
included changes to Georgia's Air Quality Control Rule 391-3-1-.01--
``Definitions,'' Rule 391-3-1-.02(4)--``Ambient Air Standards,'' Rule 
391-3-1-.02(7)--``Prevention of Significant Deterioration of Air 
Quality,'' Rule 391-3-1-.03(6)--``Exemptions,'' Rule 391-3-

[[Page 1038]]

1-.03(8)--``Permit Requirements,'' and Rule 391-3-1-.03(10)--``Title V 
Operating Permits.''
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    \1\ EPA notes that the Agency received this submittal on 
November 29, 2017.
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    Through an additional letter dated July 31, 2018, Georgia EPD 
submitted several SIP revisions that included some miscellaneous rule 
amendments.\2\ Specifically, the July 31, 2018, SIP revisions included 
changes to Georgia's Air Quality Control Rule 391-3-1-01--
``Definitions,'' Rule 391-3-1-.02(2)(c)--``Incinerators,'' Rule 391-3-
1-.02(4)--``Ambient Air Standards,'' Rule 391-3-1-.02(12)--``Cross 
State Air Pollution Rule NOX Annual Trading Program,'' Rule 
391-3-1-.02(13)--``Cross State Air Pollution Rule SO2 Annual 
Trading Program,'' Rule 391-3-1-.02(14)--``Cross State Air Pollution 
Rule NOX Ozone Season Trading Program,'' Rule 391-3-
1-.03(6)--``Exemptions,'' Rule 391-3-1-.03(11)--``Permit by Rule,'' 
Rule 391-3-1-.03(10)--``Title V Operating Permits,'' Rule 391-3-1-.11--
``Small Business Assistance Administration,'' and Rule 391-3-1-.12--
``Duties of the Small Business Ombudsman Office.''
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    \2\ EPA notes that the Agency received this submittal on August 
2, 2018.
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    Through this proposed rulemaking, EPA is only proposing to approve 
changes to Rule 391-3-1-.03(6), which addresses exemptions for 
firefighting equipment from minor new source review (NSR) requirements. 
EPA is considering and taking action on the other July 31, 2018, SIP 
revisions involving the remaining changes to Georgia's Air Quality 
Control Rules through other rulemaking. Additional detail on Georgia's 
November 13, 2017, and July 31, 2018, SIP revisions and EPA's reasoning 
for proposing to approve the aforementioned changes is presented below.

II. Analysis of the State's Submittal

    In this action, EPA is proposing to approve these revisions by 
proposing to find that they are consistent with the flexibility 
traditionally afforded to states in designing their minor NSR programs 
and are not otherwise prohibited by EPA's federal minor NSR program 
requirements. Under section 110(a)(2)(C) of the Act--and EPA's 
implementing regulations at 40 CFR 51.160-164--each SIP must include a 
program to regulate the construction and modification of stationary 
sources, including so-called ``minor sources.'' \3\ The purpose of this 
program is to ensure that each SIP sets forth legally enforceable 
procedures that enable the state to determine whether the construction 
or modification of a source would result in a violation of applicable 
portions of the control strategy or would interfere with attainment or 
maintenance of a National Ambient Air Quality Standard (NAAQS). See 40 
CFR 51.160(a). However, the federal requirements for minor source 
programs are considerably less prescriptive than those for major 
sources, allowing the states flexibility to identify the types and 
sizes of sources that will be subject to the program's review 
requirements, and the discretion to exempt certain de minimis sources 
whose emissions are too insignificant to impact attainment or 
maintenance of a NAAQS. See 40 CFR 51.160(e).
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    \3\ A minor source is a source whose potential to emit is lower 
than the major source applicability threshold for a particular 
pollutant as defined in the applicable nonattainment major NSR 
program or Prevention of Significant Deterioration program.
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    Georgia currently has a SIP-approved program for regulating the 
construction or modification of minor sources at Rule 391-3-1-.03. The 
rule also includes exemptions from the minor NSR requirements, found at 
section (6) of the rule, which includes an exemption for combustion 
equipment related to training of fire fighters. Specifically, Georgia's 
current SIP provides an exemption from construction permit requirements 
for ``Fire fighter or other emergency/safety equipment used to train 
fire fighters.'' See Rule 391-3-1-.03(6)(b)(13).\4\ However, the 
exemption does not allow the source category to avoid any other 
applicable requirement, as that term is defined in 40 CFR 70.2. See 
Rule 391-3-1-.03(6).
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    \4\ The provision would also exempt these sources from operating 
permit requirements. Because minor source operating permits are not 
a required element of a SIP under the Act, however, we do not 
address that aspect of the proposed change.
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    Georgia EPD's November 13, 2017, and July 31, 2018, SIP revisions 
request that EPA revise the existing exemption for firefighting 
equipment. First, in its November 13, 2017, revision, Georgia EPD 
amends the exemption language to explicitly include fire pumps, by 
revising the language to state: ``Fire fighting equipment including 
fire pumps or other emergency/safety equipment used to train fire 
fighters.'' Additionally, in its July 31, 2018, revision, Georgia EPD 
further revises the exemption to include equipment used for 
firefighting or training by either firefighters or other emergency 
personnel. Specifically, the revised exemption states: ``Firefighting 
equipment, including fire pumps or other emergency/safety equipment, 
used to fight fires or train firefighters or other emergency 
personnel.'' Georgia states that these revisions clarify its existing 
interpretation of the exemption.
    As noted above, the Act--as well as EPA's implementing regulations 
at 40 CFR 51.160-164--provides states flexibility in establishing 
approvable minor NSR programs, including the discretion to exempt 
certain de minimis sources whose emissions are too insignificant to 
impact attainment or maintenance of a NAAQS. In this case, EPA believes 
the exemption of fire pumps and other emergency/safety equipment used 
for fighting fires from the minor source construction permit 
requirements would be de minimis (or insignificant) for the reasons 
described below and as a result, EPA is proposing to find that the 
revisions are approvable and consistent with the federal minor source 
regulations at 40 CFR 51.160-164.
    In addition, EPA is proposing to find that, under CAA 110(l), the 
exclusion of fire pumps and other emergency/safety firefighting 
equipment from minor NSR permitting will not interfere with attainment 
or maintenance of any NAAQS or with any other applicable requirement of 
the Act. Such non-interference is based on EPA's belief that any 
emissions increases that may result from the exclusion of fire pumps 
and other emergency/safety firefighting equipment from minor NSR 
permitting requirements would be de minimis or insignificant. This 
belief is based upon the nature and use of such equipment. For example, 
fire pumps are only operated in two time-limited circumstances: (1) For 
testing and maintenance; and (2) during emergency situations, for the 
purpose of putting out a fire. While testing and maintenance may be 
periodic and routine, operation of the pumps during those times would 
be limited. Similarly, operation of fire pumps during a fire emergency 
would also be time-limited and would present an even more infrequent, 
unusual operational circumstance. Furthermore, to the extent a fire 
pump may be used for emergency firefighting purposes, such use would 
likely aid in the overall reduction of air pollutant emissions 
associated with fires, such as particulate matter emissions. Finally, 
EPA notes that while fire pumps may be excluded from minor source 
permitting requirements, they remain subject to any other applicable 
federal requirements.\5\
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    \5\ EPA notes that fire pumps may be subject to federal New 
Source Performance Standards at 40 CFR part 60, subpart IIII, and/or 
National Emissions Standards for Hazardous Air Pollutants at 40 CFR 
part 63, subpart ZZZZ. These standards restrict the emissions of 
subject engines based on size and age, and limit non-emergency 
operation to less than 100 hours per year.

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[[Page 1039]]

    As for the revised exemption language concerning other emergency/
safety equipment used to fight fires or train fire fighters or other 
emergency personnel, EPA believes such use would also be time-limited 
and any emissions increases associated with its exclusion from minor 
source permitting requirements would also be insignificant. For these 
reasons, EPA is proposing to approve these revisions and is proposing 
to find that they are consistent with the CAA, including 110(l), and 
with federal regulations.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule, 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference a portion of Georgia EPD's Rule 391-3-1-.03--``Permits,'' 
specifically section (6)--``Exemptions,'' which became state effective 
July 23, 2018. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 4 
office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve Georgia EPD's November 13, 2017, and 
July 31, 2018, SIP revisions. Specifically, EPA is proposing to approve 
these SIP revisions that modify Georgia's Rule 391-3-1-.03(6). The 
proposed changes exempt fire pumps and other equipment used by 
firefighters and other emergency personnel to fight fires from the 
Act's preconstruction review requirement. EPA believes that any air 
quality impacts from these activities are de minimis, and will often 
lead to net emissions reductions by mitigating or eliminating the air 
quality impacts of uncontrolled fires. EPA is proposing to approve 
these SIP revisions because the Agency has determined that they are 
consistent with the CAA, and would not interfere with attainment or 
maintenance of any NAAQS, reasonable further progress, or any other 
applicable requirement.

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. This action merely 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866.
     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.

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.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: December 17, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-00792 Filed 1-31-19; 8:45 am]
 BILLING CODE 6560-50-P


