[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62466-62468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26245]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0116; FRL-9987-12-Region 4]


Air Plan Approval; Georgia; Revisions To VOC Definitions and 
Ambient Air Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 13, 2017, the State of Georgia through the Georgia 
Environmental Protection Division (EPD), submitted a revision to the 
Georgia State Implementation Plan (SIP). The Environmental Protection 
Agency (EPA) is approving changes to several portions of the revision 
that modifies the State's air quality regulations as incorporated into 
the SIP. Specifically, the revision pertains to definition changes, 
including the modification of the definition of ``volatile organic 
compounds'' (VOC) and changes to the State's air quality standards for 
sulfur dioxide, particulate matter, carbon monoxide, ozone, lead and 
nitrogen dioxide to be consistent with the National Ambient Air Quality 
Standard (NAAQS). EPA is approving these provisions of the SIP revision 
because the State has demonstrated that the changes are consistent with 
the Clean Air Act (CAA or Act).

DATES: This rule will be effective January 3, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2018-0116. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the 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. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The 
telephone number is (404) 562-9088. Ms. Bell can also be reached via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 17, 2018 (83 FR 33168), EPA proposed to approve into the 
Georgia SIP changes to Georgia's air quality rule 391-3-1-.01, 
``Definitions'' and rule 391-3-1-.02(4), ``Ambient Air Standards'' 
submitted by the State of Georgia through the Georgia EPD on November 
13, 2017. EPA's July 17, 2018, rulemaking did not propose action on 
Georgia's air quality rules 391-3-1-.03(6), ``Exemption'' under permits 
and rule 391-3-1-.0(7)(a)(1), ``General Requirements'' under Prevention 
of Significant Deterioration (PSD). EPA will address these changes in a 
separate notice. Additionally, EPA's July 17, 2018, rulemaking did not 
propose action on Georgia's air quality rule 391-3-1-.02(7)(a)2(ix), 
``Regulated NSR pollutant'' under PSD, and rule 391-3-1-.03(8)(c)(16), 
``Additional Provisions for PM2.5 Non-attainment Areas'' 
under permits.\1\
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    \1\ The State withdrew Rule 391-3-1-.02(7)(a)2(ix), ``Regulated 
NSR pollutant'' and Rule 391-3-1-.03(8)(c)(16), ``Additional 
Provisions for PM2.5 Non-Attainment Areas'' on December 
1, 2016, and July 26, 2017, respectively. The State also 
acknowledges this in the response to comment of the pre-hearing in 
the November 13, 2017, submittal. The information is in the Docket.
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    The November 13, 2017, SIP revision changes Rule 391-3-1-.01, 
``Definitions'' by adding t-Butyl acetate (also known as tertiary butyl 
acetate or TBAC) and 1,1,2,2-Tetrafluoro-1-(2,2,2-trifluoroethoxy) 
ethane to the list of

[[Page 62467]]

organic compounds having negligible photochemical reactivity. The 
definition of VOC is also being updated by removing the recordkeeping 
requirements for t-Butyl acetate. Additionally, the definition of VOC 
is being revised to include chemical names to clarify previous 
exemptions. Lastly, the submission revises Rule 391-3-1-.02(4), 
``Ambient Air Standards'' by updating Georgia's air quality standard to 
be consistent with the NAAQS. The details of the Georgia submission and 
the rationale for EPA's action are explained in the proposed 
rulemaking. Comments on the proposed rulemaking were due on or before 
August 20, 2018. EPA did not receive any adverse comments on the 
proposed action. EPA is now taking final action to approve the above-
referenced revisions.

II. 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-.01 entitled ``Definitions,'' effective July 20, 2017, which 
revises the VOC definition and removes the recordkeeping requirements 
for t-Butyl acetate. Rule 391-3-1-.02(4) entitled ``Ambient Air 
Standards,'' effective July 20, 2017, updates Georgia's air quality 
standard to be consistent with the NAAQS. 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). 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 in the next update to the SIP compilation.\2\
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve Georgia's November 13, 2017, 
SIP revision which amends the VOC definition in rule 391-3-1-.01, and 
updates Georgia's air quality standards to be consistent with the NAAQS 
in rule 391-3-1-.02(4). EPA has evaluated the relevant portions of 
Georgia's November 13, 2017, SIP revision and has determined that it 
meets the applicable requirements of the CAA and EPA regulations.

IV. 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 
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);
     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.
    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 February 4, 2019. 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. 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: November 15, 2018.
Onis ``Trey'' Glenn, III,
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.

[[Page 62468]]

Subpart L--Georgia

0
2. In Sec.  52.570, the table in paragraph (c) is amended by revising 
the entries ``391-3-1-.01'' and ``391-3-1-.02(4)'' to read as follows:


Sec.  52.570   Identification of plan.

* * * * *
    (c)* * *

                                        EPA-Approved Georgia Regulations
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                                                            State
         State citation              Title/subject     effective date   EPA approval date       Explanation
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391-3-1-.01.....................  Definitions........       7/20/2017  12/4/2018, [insert  .....................
                                                                        Federal Register
                                                                        citation].
 
                                                  * * * * * * *
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                                               Emission Standards
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                                                  * * * * * * *
391-3-1-.02(4)..................  Ambient Air               7/20/2017  12/4/2018 [insert   .....................
                                   Standards.                           Federal Register
                                                                        citation].
 
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[FR Doc. 2018-26245 Filed 12-3-18; 8:45 am]
 BILLING CODE 6560-50-P


