[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Rules and Regulations]
[Pages 14145-14147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04654]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2019-0457; FRL-10006-21-Region 4]


Air Plan Approval; Georgia; Revisions to Aerospace VOC Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve a State Implementation Plan (SIP) revision submitted 
by the State of Georgia, through the Georgia Environmental Protection 
Division (GA EPD), on June 6, 2019, for the purpose of updating 
Georgia's rule titled Volatile Organic Compound (VOC) Emissions from 
Aerospace Manufacturing and Rework Facilities. EPA is taking final 
action on this Georgia SIP revision because it is consistent with the 
Clean Air Act (CAA or Act).

DATES: Effective March 11, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2019-0457. 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

[[Page 14146]]

www.regulations.gov or in hard copy at the 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. 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: Evan Adams, 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) 
562-9009. Mr. Adams can also be reached via electronic mail at 
adams.evan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    GA EPD submitted a SIP revision, through a letter dated June 6, 
2019, to EPA for review and approval into the Georgia SIP. The revision 
contains changes to Georgia's air quality rules in Rule 391-3-
1-.02(2)(kkk). More specifically, the submission amends reasonably 
available control technology (RACT) requirements applicable to VOC 
emissions from aerospace manufacturing and rework facilities at Georgia 
Rule 391-3-1-.02(2)(kkk). The rule changes incorporate EPA's December 
7, 2015 (80 FR 76152) revisions to the National Emission Standards for 
Hazardous Air Pollutants. The changes in the June 6, 2019, submittal 
replicate updates made to 40 CFR part 63, subpart GG, and are compliant 
with the State's RACT requirements. Furthermore, EPA does not foresee 
any emissions increase from this SIP revision. See EPA's January 13, 
2020 (85 FR 1796) Notice of Proposed Rulemaking (NPRM) for further 
detail on the changes made in the June 6, 2019, submittal and EPA's 
rationale for approving these revisions. Comments were due on or before 
February 12, 2020. EPA received no comments on the NPRM. Therefore, EPA 
is approving the changes in this action.

II. Incorporation by Reference

    In this document, 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)(kkk) entitled ``VOC Emissions from Aerospace 
Manufacturing and Rework Facilities,'' state effective February 17, 
2019, which incorporates revisions to the emission standards for 
specialty coatings, allows for annual purchase records of certain 
coatings, exempts two additional application methods, and updates 
definitions. 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.\1\
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    \1\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving the Georgia SIP revision to Rule 391-3-
1-.02(2)(kkk), ``VOC Emissions from Aerospace Manufacturing and Rework 
Facilities,'' submitted on June 6, 2019. EPA has evaluated Georgia's 
submittal and 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

[[Page 14147]]

action must be filed in the United States Court of Appeals for the 
appropriate circuit by May 11, 2020. 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, Incorporation by reference, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: February 24, 2020.
Mary S. Walker,
Regional Administrator, Region 4.

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. In Sec.  52.570 amend the table in paragraph (c), by revising the 
entry for ``391-3-1-.02(2)(kkk)'' under ``Emission Standards'' 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     EPA approval date       Explanation
                                                            date
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                                                  * * * * * * *
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391-3-1-.02(2)..................                                Emission Standards
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                                                  * * * * * * *
391-3-1-.02(2)(kkk).............  VOC Emissions from          2/17/19  3/11/20 [Insert     .....................
                                   Aerospace                            citation of
                                   Manufacturing and                    publication].
                                   Rework Facilities.
 
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[FR Doc. 2020-04654 Filed 3-10-20; 8:45 am]
 BILLING CODE 6560-50-P


