[Federal Register Volume 84, Number 132 (Wednesday, July 10, 2019)]
[Proposed Rules]
[Pages 32851-32852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14610]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2018-0711; FRL-9996-42-Region 4]


Air Plan Approval; GA; Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Georgia, through the Georgia Environmental Protection Division 
(GA EPD) of the Department of Natural Resources, in a letter dated July 
31, 2018. EPA is proposing to approve changes to the Georgia's 
Nonattainment New Source Review (NNSR) permitting rule. This action is 
being proposed pursuant to the Clean Air Act (CAA or Act) and its 
implementing regulations.

DATES: Comments must be received on or before August 9, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. at EPA-
R04-OAR-2018-0711 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 and 
Radiation 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 
wong.richard@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    GA EPD submitted a SIP revision through a letter dated July 31, 
2018, to EPA for review and approval into the Georgia SIP that contains 
changes to a number of Georgia's air quality rules in Rule 391-3-1.\1\ 
The changes that EPA is proposing to approve into the SIP through this 
rulemaking revises Rule 391-3-1-.01, ``Definitions,'' Rule 391-
3-.02(2)(c), ``Incinerators,'' and Rule 391-3-1-.03 ``Permits.''
---------------------------------------------------------------------------

    \1\ EPA received the submittal on August 2, 2018. The cover 
letter includes other rule changes that have been or will be 
addressed in separate EPA actions.
---------------------------------------------------------------------------

II. Analysis of State's Submittal

    Georgia's submittal makes several administrative and clarifying 
edits to Rule 391-3-1-.01, ``Definitions.'' Specifically, the change to 
Rule 391-3-1-.01(oo), ``Manager'' removes ``office'' and replaces with 
``compliance assistance program.'' The change to Rule 391-3-1-.01(kkk), 
``Small Business Advisory Panel'' adds ``Compliance'' to the title of 
this rule and the change to Rule 391-3-1-.01(lll), ``Small business 
stationary source or facility'' at subparagraph (5) removes the major 
stationary source description for sources and facilities emitting less 
than 75 tons of regulated pollutants. Lastly, the revision to Rule 391-
3-1-.01(mmm), ``Small business stationary source technical and 
environmental office,'' changes the title to ``Small business 
stationary source technical and environmental compliance assistance 
program,'' and removes Air Protection Branch from the definition.

[[Page 32852]]

    Additionally, Georgia's July 31, 2018, SIP revision makes changes 
to Rule 391-3-1-.02(2)(c), ``Incinerators.'' The change updates rule 
titles for Hospital/Medical/Infectious Waste Incinerators, Commercial 
and Industrial Solid Waste, and Sewage Sludge Incinerators in 
Subparagraphs (6)(iv), (v), (vi), (vii), and (xiii). Lastly, a 
typographical edit is made to Rule 391-3-1-.03(11)(b)(11), ``Peanut/Nut 
Shelling Operations'' at Subparagraph (i)(II). EPA is proposing to 
approve these changes because they are minor and clarifying changes 
that do not relax or alter the meaning of the rules.

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 the GA EPD Rule 391-3-1-.01, ``Definitions,'' Rule 391-
3-.02(2)(c), ``Incinerators,'' and Rule 391-3-1-.03(11) ``Permit by 
Rule,'' which clarifies the rule by updating rule titles and making 
typographical corrections, state effective June 18, 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 the aforementioned changes to Georgia 
August 2, 2018, SIP submittal that make changes to Rule 391-3-1-.01, 
``Definitions,'' Rule 391-3-.02(2)(c), ``Incinerators,'' and Rule 391-
3-1-.03(11) ``Permit by Rule.'' EPA views these changes as being 
consistent with the CAA.

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, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

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

    Dated: June 26, 2019.
Mary S. Walker,
Region 4.
[FR Doc. 2019-14610 Filed 7-9-19; 8:45 am]
BILLING CODE 6560-50-P


