88 FR 53 pgs. 16564-16570 - Air Plan Approval; Georgia; Update to Materials Incorporated by Reference
Type: RULEVolume: 88Number: 53Pages: 16564 - 16570
Pages: 16564, 16565, 16566, 16567, 16568, 16570Docket number: [EPA-R04-OAR-2021-0021; FRL-9363-01-R4]
FR document: [FR Doc. 2023-05241 Filed 3-17-23; 8:45 am]
Agency: Environmental Protection Agency
Official PDF Version: PDF Version
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2021-0021; FRL-9363-01-R4]
Air Plan Approval; Georgia; Update to Materials Incorporated by Reference
AGENCY:
Environmental Protection Agency (EPA).
ACTION:
Final rule; notice of administrative change.
SUMMARY:
The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Georgia State Implementation Plan (SIP). The regulations affected by this update have been previously submitted by Georgia and approved by EPA. In this notice, EPA is also notifying the public of corrections and clarifying changes to the Code of Federal Regulations (CFR) tables that identify material incorporated by reference into the Georgia SIP. This update affects the materials that are available for public inspection at the National Archives and Records Administration (NARA) and the EPA Regional Office.
DATES:
This action is effective March 20, 2023.
ADDRESSES:
The SIP materials whose incorporation by reference into 40 CFR part 52 is finalized through this action are available for inspection at the following locations: Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, GA 30303; and www.regulations.gov. To view the materials at the Region 4 Office, EPA requests that you email the contact 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:
Sarah LaRocca, 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. Ms. LaRocca can be reached via telephone at (404) 562-8994 or via electronic mail at larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
[top] Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms.
Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the federally-approved SIP and are identified in part 52-"Approval and Promulgation of Implementation Plans," Title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52 but is "incorporated by reference." This means that EPA has approved a given state regulation or specified changes to a given regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action for violations of the SIP.
The SIP is a living document which the state can revise as necessary to address the unique air pollution problems in the state. Therefore, EPA from time to time must take action on proposed revisions containing new or revised state regulations. A submission from a state can revise one or more rules in their entirety or portions of rules. The state indicates the changes in the submission (such as by using redline/strikethrough text), and EPA then takes action on the requested changes. EPA establishes a docket for its actions using a unique Docket Identification Number, which is listed in each action. These dockets and the complete submission are available for viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference, into the Code of Federal Regulations, materials approved by EPA into each SIP. These changes revised the format for the identification of the SIP in 40 CFR part 52, streamlined the mechanisms for announcing EPA approval of revisions to a SIP, and streamlined the mechanisms for EPA's updating of the IBR information contained for each SIP in 40 CFR part 52. The revised procedures also called for EPA to maintain "SIP Compilations" that contain the federally approved regulations and source-specific permits submitted by each state agency.
EPA generally updates these SIP Compilations on an annual basis. Under the revised procedures, EPA must periodically publish an informational document in the rules section of the Federal Register notifying the public that updates have been made to a SIP Compilation for a particular state. EPA began applying the 1997 revised procedures to Georgia on May 21, 1999, and is providing this notice in accordance with such procedures. See 64 FR 27699.
II. EPA Action
In this action, EPA is providing notice of an update to the materials incorporated by reference into the Georgia SIP as of August 31, 2022, and identified in 40 CFR 52.570(c) and (d). This update includes SIP materials approved by EPA since the last IBR update. See 84 FR 45910 (September 3, 2019). In addition, EPA is providing notice of the following corrections and clarifying changes to 40 CFR 52.570(c) and (d):
Changes Applicable to Paragraph (c), EPA Approved Georgia Regulations
A. Correcting Table (c)'s title, from " (c) EPA Approved Georgia Regulations " to " (c) EPA-Approved Georgia Regulations "
B. Correcting the header of paragraph (c), from "EPA Approved Georgia Regulations" to "EPA-Approved Georgia Regulations"
C. Under 391-3-1-02(a), the explanation is revised from, "Except for paragraph 391-3-1-02(a)1 (as approved on 3/16/2006)." to "Except for paragraph 391-3-1-02(2)(a)1."
D. Under 391-3-1-.02(2)(nnn), "NO X Emissions from Large Stationary Gas Turbines," the state effective date is revised from "2/16/2000" to "4/20/2003" and the EPA approval date is revised from "7/10/2001, 66 FR 35906" to "5/28/2019, 84 FR 24393"
E. Under 391-3-1-.02(5), "Open Burning," the EPA approval date is revised from "2/9/2010, 75 FR 6309" to "5/28/2019, 84 FR 24393" and a note is added in the explanation column to read: "Except subparagraph 391-3-1-.02(5)(c), which was approved on July 10, 2001, with a state effective date of August 16, 2000."
F. Under 391-3-1-.01, 391-3-1-.02(5), 391-3-1-.02(6), 391-3-1-.03(13), the phrases "State-effective" and "state-effective" are revised to remove the hyphen.
Changes Applicable to Paragraph (d), EPA Approved Georgia Source-Specific Requirements
A. Correcting the header of paragraph (d), from "EPA Approved Georgia Source-Specific Requirements" to "EPA-Approved Georgia Source-Specific Requirements"
B. The Plant Atkinson permits, specifically 4922-033-1319-0, 4911-033-1320-0, 4911-033-1321-0, 4911-033-1322-0, and 4911-033-6949, have been reordered to be in sequential order.
III. Good Cause Exemption
EPA has determined that this action falls under the "good cause" exemption in the section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding "good cause," authorizes agencies to dispense with public participation and section 553(d)(3) which allows an agency to make an action effective immediately (thereby avoiding the 30-day delayed effective date otherwise provided for in the APA). This administrative action simply codifies provisions which are already in effect as a matter of law in Federal and approved state programs, makes typographical/ministerial revisions to the tables in the CFR, and makes ministerial changes to the prefatory heading to the tables in the CFR. Under section 553(b)(3)(B) of the APA, an agency may find good cause where procedures are "impracticable, unnecessary, or contrary to the public interest." Public comment for this administrative action is "unnecessary" and "contrary to the public interest" since the codification (and corrections) only reflect existing law. Immediate notice of this action in the Federal Register benefits the public by providing the public notice of the updated Georgia SIP Compilation and notice of corrections to the Georgia "Identification of Plan" portion of the CFR. Further, pursuant to section 553(d)(3), making this action immediately effective benefits the public by immediately updating both the SIP compilation and the CFR "Identification of plan" section (which includes table entry corrections).
IV. Incorporation by Reference
[top] 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 previously EPA-approved regulations promulgated by Georgia and federally effective prior to August 31, 2022. 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).
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. Accordingly, this final rule and notification of administrative change 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);
• 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).
EPA also believes that the provisions of section 307(b)(1) of the CAA pertaining to petitions for judicial review are not applicable to this action. This is because prior EPA rulemaking actions for each individual component of the Georgia SIP compilations previously afforded interested parties the opportunity to file a petition for judicial review in the United States Court of Appeals for the appropriate circuit within 60 days of such rulemaking action. Thus, EPA believes judicial review of this action under section 307(b)(1) of the CAA is not available.
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: March 9, 2023.
Daniel Blackman,
Regional Administrator, Region 4.
Accordingly, for reasons stated in the preamble, 40 CFR part 52 is amended as follows:
PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority for citation for part 52 continues to read as follows:
Authority:
42 U.S.C. 7401 et seq.
Subpart L-Georgia
2. In §?52.570 paragraphs (b), (c), and (d) are revised to read as follows:
§?52.570 Identification of plan.
(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 31, 2022, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register . Entries in paragraph (c) and (d) of this section with EPA approval dates after August 31, 2022, for Georgia will be incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.
(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may also inspect the material with an EPA approval date prior to August 31, 2022, for Georgia, at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, please email fedreg.legal@nara.gov or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
[top] (c) EPA-Approved Georgia Regulations.
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| State citation | Title/subject | State effective date | EPA approval date | Explanation |
|---|---|---|---|---|
| 391-3-1-.01 | Definitions | 7/29/2020 | 4/5/2022, 87 FR 19643 | Except the first paragraph, sections (a)-(nn), (pp)-(ccc), (eee)-(jjj), (nnn)-(bbbb), (dddd)-(kkkk), (mmmm), (rrrr)-(ssss), approved on 12/4/2018 with a state effective date of 7/20/2017; sections (ddd) and (cccc) approved on 2/2/1996 with a state effective date of 11/20/1994; (nnnn), approved on 1/5/2017 with a state effective date of 8/14/2016; and sections (oooo), (pppp), which are not in the SIP. |
| 391-3-1-.02 | Provisions | |||
| 391-3-1-.02(1) | General Requirements | 3/20/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2) | Emission Standards | |||
| 391-3-1-.02(2)(a) | General Provisions | 8/1/2013 | 7/28/2017, 82 FR 35106 | Except for paragraph 391-3-1-.02(2)(a)1. |
| 391-3-1-.02(2)(b) | Visible Emissions | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(c) | Incinerators | 7/23/2018 | 11/22/2019, 84 FR 64427 | |
| 391-3-1-.02(2)(d) | Fuel-burning Equipment | 7/20/2005 | 2/9/2009, 75 FR 6309 | |
| 391-3-1-.02(2)(e) | Particulate Emission from Manufacturing Processes | 8/1/2013 | 7/28/2017, 82 FR 35106 | |
| 391-3-1-.02(2)(f) | Normal Superphosphate Manufacturing Facilities | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(g) | Sulfur Dioxide | 7/17/2002 | 7/9/2003, 68 FR 40786 | |
| 391-3-1-.02(2)(h) | Portland Cement Plants | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(i) | Nitric Acid Plants | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(j) | Sulfuric Acid Plants | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(k) | Particulate Emission from Asphaltic Concrete Hot Mix Plants | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(n) | Fugitive Dust | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(p) | Particulate Emissions from Kaolin and Fuller's Earth Processes | 8/1/2013 | 7/28/2017, 82 FR 35106 | |
| 391-3-1-.02(2)(q) | Particulate Emissions from Cotton Gins | 8/1/2013 | 7/28/2017, 82 FR 35106 | |
| 391-3-1-.02(2)(r) | Particulate Emissions from Granular and Mixed Fertilizer Manufacturing Units | 1/27/1972 | 5/31/1972, 37 FR 10842 | |
| 391-3-1-.02(2)(t) | VOC Emissions from Automobile and Light Duty Truck Manufacturing | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(u) | VOC Emissions from Can Coating | 9/16/1992 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(v) | VOC Emissions from Coil Coating | 9/16/1992 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(w) | VOC Emissions from Paper Coating | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(x) | VOC Emissions from Fabric and Vinyl Coating | 9/16/1992 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(y) | VOC Emissions from Metal Furniture Coating | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(z) | VOC Emissions from Large Appliance Surface Coating | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(aa) | VOC Emissions from Wire Coating | 9/16/1992 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(bb) | Petroleum Liquid Storage | 1/9/1991 | 10/13/1992, 57 FR 46780 | |
| 391-3-1-.02(2)(cc) | Bulk Gasoline Terminals | 1/9/1991 | 10/13/1992, 57 FR 46780 | |
| 391-3-1-.02(2)(dd) | Cutback Asphalt | 1/17/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.02(2)(ee) | Petroleum Refinery | 1/9/1991 | 10/13/1992, 57 FR 46780 | |
| 391-3-1-.02(2)(ff) | Solvent Metal Cleaning | 5/29/1996 | 4/26/1999, 64 FR 20186 | |
| 391-3-1-.02(2)(gg) | Kraft Pulp Mills | 8/1/2013 | 7/28/2017, 82 FR 35106 | |
| 391-3-1-.02(2)(hh) | Petroleum Refinery Equipment Leaks | 6/24/1994 | 2/2/1996, 61 FR 3817 | |
| 391-3-1-.02(2)(ii) | VOC Emissions from Surface Coating of Miscellaneous Metal Parts and Products | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(jj) | VOC Emissions from Surface Coating of Flat Wood Paneling | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(kk) | VOC Emissions from Synthesized Pharmaceutical Manufacturing | 12/18/1980 | 11/24/1981, 46 FR 57486 | |
| 391-3-1-.02(2)(ll) | VOC Emissions from the Manufacture of Pneumatic Rubber Tires | 12/18/1980 | 11/24/1981, 46 FR 57486 | |
| 391-3-1-.02(2)(mm) | VOC Emissions from Graphic Arts Systems | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(nn) | VOC Emissions from External Floating Roof Tanks | 12/18/1980 | 11/24/1981, 46 FR 57486 | |
| 391-3-1-.02(2)(oo) | Fiberglass Insulation Manufacturing Plants | 12/18/1980 | 11/24/1981, 46 FR 57486 | |
| 391-3-1-.02(2)(pp) | Bulk Gasoline Plants | 6/8/2008 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(qq) | VOC Emissions from Large Petroleum Dry Cleaners | 4/3/1991 | 10/13/1992, 57 FR 46780 | |
| 391-3-1-.02(2)(rr) | Gasoline Dispensing Facilities-Stage I | 6/8/2008 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(ss) | Gasoline Transport Systems and Vapor Collection Systems | 8/1/2013 | 7/28/2017, 82 FR 35106 | |
| 391-3-1-.02(2)(tt) | VOC Emissions from Major Sources | 6/8/2008 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(uu) | Visibility Protection | 10/31/1985 | 1/28/1986, 51 FR 3466 | |
| 391-3-1-.02(2)(vv) | Volatile Organic Liquid Handling and Storage | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(yy) | Emissions of Nitrogen Oxides from Major Sources | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(ccc) | VOC Emissions from Bulk Mixing Tanks | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(ddd) | VOC Emissions from Offset Lithography and Letterpress | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(eee) | VOC Emissions from Expanded Polystyrene Products Manufacturing | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(fff) | Particulate Matter Emissions from Yarn Spinning Operations | 6/15/1998 | 12/2/1999, 64 FR 67491 | |
| 391-3-1-.02(2)(hhh) | Wood Furniture Finishing and Cleaning Operations | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(jjj) | NO X Emissions from Electric Utility Steam Generating Units | 3/12/2007 | 11/27/2009, 74 FR 62249 | |
| 391-3-1-.02(2)(kkk) | VOC Emissions from Aerospace Manufacturing and Rework Facilities | 2/17/2019 | 3/11/2020, 85 FR 14145 | |
| 391-3-1-.02(2)(lll) | NO X Emissions from Fuel-burning Equipment | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(mmm) | NO X Emissions from Stationary Gas Turbines and Stationary Engines used to Generate Electricity | 5/4/2014 | 9/1/2015, 80 FR 52627 | |
| 391-3-1-.02(2)(nnn) | NO X Emissions from Large Stationary Gas Turbines | 4/20/2003 | 5/28/2019, 84 FR 24393 | |
| 391-3-1-.02(2)(rrr) | NO X Emissions from Small Fuel-Burning Equipment | 4/12/2009 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(vvv) | VOC Emissions from Coating Miscellaneous Plastic Parts and Products | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(yyy) | VOC Emissions from the Use of Miscellaneous Industrial Adhesives | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(zzz) | VOC Emissions from Fiberglass Boat Manufacturing | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(2)(aaaa) | Industrial Cleaning Solvents | 3/7/2012 | 9/28/2012, 77 FR 59554 | |
| 391-3-1-.02(3) | Sampling | 6/15/1998 | 12/2/1999, 64 FR 67491 | |
| 391-3-1-.02(4) | Ambient Air Standards | 7/23/2018 | 10/29/2019, 84 FR 57824 | Except paragraphs (a), (c), (d), (e), (f), (g), and (h), approved on 12/4/2018 with a state effective date of 7/20/2017. |
| 391-3-1-.02(5) | Open Burning | 7/13/2006 | 5/28/2019, 84 FR 24393 | Except subparagraph 391-3-1-.02(5)(c), which was approved on July 10, 2001, with a state effective date of August 16, 2000. |
| 391-3-1-.02(6) | Source Monitoring | 8/1/2013 | 7/28/2017, 82 FR 35108 | Except paragraph (a)4., approved on 3/9/2022, with a state effective date of 10/25/2021. |
| 391-3-1-.02(7) | Prevention of Significant Deterioration of Air Quality (PSD) | 7/20/2017 | 9/16/2020, 85 FR 57707 | Except for the automatic rescission clause at 391-3-1-.02(7)(a)(2)(iv), which EPA disapproved on March 4, 2016. |
| Except for portions of Rule 391-3-1-.02(7) incorporating by reference 40 CFR 52.21(b)(2)(v), and 40 CFR 52.21(b)(3)(iii)(c), because those CFR provisions were indefinitely stayed by the Fugitive Emissions Rule in the March 30, 2011 rulemaking and have not been approved into the Georgia SIP. | ||||
| 391-3-1-.02(11) | Compliance Assurance Monitoring | 6/15/1998 | 12/2/1999, 64 FR 67491 | |
| 391-3-1-.02(12) | Cross State Air Pollution Rule NO X Annual Trading Program | 7/23/2018 | 2/18/2020, 85 FR 8749 | |
| 391-3-1-.02(13) | Cross State Air Pollution Rule SO 2 Annual Trading Program | 7/23/2018 | 2/18/2020, 85 FR 8749 | |
| 391-3-1-.02(14) | Cross State Air Pollution Rule NO X Ozone Season Trading Program | 7/23/2018 | 2/18/2020, 85 FR 8749 | |
| 391-3-1-.03 | Permits | |||
| 391-3-1-.03(1) | Construction (SIP) Permit | 8/17/1994 | 8/30/1995, 60 FR 45048 | |
| 391-3-1-.03(2) | Operating (SIP) Permit | 12/26/2001 | 7/11/2002, 67 FR 45909 | Except subparagraph (e), which is not approved into the SIP. |
| 391-3-1-.03(3) | Revocation, Suspension, Modification or Amendment of Permits | 2/23/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.03(4) | Permits Not Transferable | 11/20/1975 | 8/20/1976, 41 FR 35184 | |
| 391-3-1-.03(5) | Permits Public Records | 10/28/1992 | 2/2/1996, 61 FR 3819 | |
| 391-3-1-.03(6) | Exemptions | 7/29/2020 | 4/5/2022, 87 FR 19643 | With the exception of Rule 391-3-1-.03(6)(b)16. |
| 391-3-1-.03(7) | Combined Permits and Applications | 2/23/1979 | 9/18/1979, 44 FR 54047 | |
| 391-3-1-.03(8) | Permit Requirements | 9/26/2019 | 9/16/2020, 85 FR 57694 | |
| 391-3-1-.03(11) | Permit by Rule | 7/23/2018 | 11/22/2019, 84 FR 64427 | Except sections (a)-(b)(5) and (b)(7)-(b)(10), approved on 2/9/2010 with a state effective date of 7/20/2005; section (b)(6), approved on 3/13/2000 with a state effective date of 12/25/1997; and the phrase "or enforceable as a practical matter" in section .03(11)(b)11.(i), which is not in the SIP. |
| 391-3-1-.03(12) | Generic Permit | 8/17/1994 | 8/30/1995, 60 FR 45048 | |
| 391-3-1-.03(13) | Emission Reduction Credits | 9/26/2019 | 9/22/2020, 85 FR 59436 | Except subparagraph 391-3-1-.03(13)(f), which was approved into the SIP with a state effective date of 7/18/2001, and subparagraphs (b), (c), (e), (g), and (i), which were approved into the SIP with a state effective date of 2/16/2000. |
| 391-3-1-.04 | Air Pollution Episodes | 11/20/1975 | 8/20/1976, 41 FR 35184 | |
| 391-3-1-.07 | Inspections and Investigations | 11/20/1975 | 8/20/1976, 41 FR 35184 | |
| 391-3-1-.08 | Confidentiality of Information | 11/20/1975 | 8/20/1976, 41 FR 35184 | |
| 391-3-1-.09 | Enforcement | 11/22/1992 | 2/2/1996, 61 FR 3819 | |
| 391-3-1-.10 | Continuance of Prior Rules | 11/22/1992 | 2/2/1996, 61 FR 3819 | |
| 391-3-1-.15 | Georgia Transportation Conformity and Consultation Interagency Rule | 10/6/2010 | 6/15/2012, 77 FR 35866 | |
| 391-3-20 | Enhanced Inspection and Maintenance | |||
| 391-3-20-.01 | Definitions | 4/13/2021 | 9/22/2022, 87 FR 57834 | |
| 391-3-20-.02 | Covered Counties | 1/9/2005 | 5/24/2007, 72 FR 29075 | |
| 391-3-20-.03 | Covered Vehicles; Exemptions | 2/17/2019 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.04 | Emission Inspection Procedures | 4/13/2021 | 9/22/2022, 87 FR 57834 | |
| 391-3-20-.05 | Emission Standards | 4/13/2021 | 9/22/2022, 87 FR 57834 | |
| 391-3-20-.06 | On-Road Testing of Exhaust Emissions by Remote Sensing Technology or Other Means | 2/17/2019 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.07 | Inspection Equipment System Specifications | 4/13/2021 | 9/22/2022, 87 FR 57834 | |
| 391-3-20-.08 | Quality Control and Equipment Calibration Procedures | 3/28/2018 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.09 | Inspection Station Requirements | 4/13/2021 | 9/22/2022, 87 FR 57834 | |
| 391-3-20-.10 | Certificates of Authorization | 3/28/2018 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.11 | Inspector Qualifications and Certification | 4/13/2021 | 9/22/2022, 87 FR 57834 | |
| 391-3-20-.12 | Schedules for Emission Inspections | 6/19/2014 | 4/10/2017, 82 FR 17128 | |
| 391-3-20-.13 | Certificate of Emission Inspection | 3/28/2018 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.15 | Repairs and Retests | 3/28/2018 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.16 | Extensions and Reciprocal Inspections | 6/19/2014 | 4/10/2017, 82 FR 17128 | |
| 391-3-20-.17 | Waivers | 2/17/2019 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.18 | Sale of Vehicles | 3/28/2018 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.19 | Management Contractor | 6/19/2014 | 4/10/2017, 82 FR 17128 | |
| 391-3-20-.20 | Referee Program | 3/28/2018 | 8/24/2020, 85 FR 52047 | |
| 391-3-20-.21 | Inspection Fees | 6/19/2014 | 4/10/2017, 82 FR 17128 | |
| 391-3-20-.22 | Enforcement | 6/19/2014 | 4/10/2017, 82 FR 17128 |
(d) EPA-Approved State Source Specific Requirements.
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| Name of source | Permit No. | State effective date | EPA approval date | Comments |
|---|---|---|---|---|
| Georgia Power Plant Bowen | EPD-AQC-180 | 11/17/1980 | 8/17/1981, 46 FR 41498 | |
| Georgia Power Plant Harllee Branch | 4911-117-6716-0 | 4/23/1980 | 5/5/1981, 46 FR 25092 | |
| ITT Rayonier, Inc. | 2631-151-7686-C | 11/4/1980 | 8/14/1981, 46 FR 41050 | |
| Georgia Power Plant Bowen | EPD-AQC-163 | 5/16/1979 | 1/3/1980, 45 FR 781 | |
| Union Camp | 2631-025-7379-0 | 12/18/1981 | 4/13/1982, 47 FR 15794 | |
| Blue Bird Body Company | 3713-111-8601 | 1/27/1984 | 1/7/1985, 50 FR 765 | |
| Plant McDonough | 4911-033-5037-0 conditions 10 through 22 | 12/27/1995 | 3/18/1999, 64 FR 13348 | |
| Plant Yates | 4911-038-4838-0 conditions 19 through 32 | 12/27/1995 | 3/18/1999, 64 FR 13348 | |
| Plant Yates | 4911-038-4839-0 conditions 16 through 29 | 12/27/1995 | 3/18/1999, 64 FR 13348 | |
| Plant Yates | 4911-038-4840-0 conditions 16 through 29 | 12/27/1995 | 3/18/1999, 64 FR 13348 | |
| Plant Yates | 4911-038-4841-0 conditions 16 through 29 | 12/27/1995 | 3/18/1999, 64 FR 13348 | |
| Plant Atkinson | 4911-033-1319-0 conditions 8 through 13 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Plant Atkinson | 4911-033-1320-0 conditions 8 through 13 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Plant Atkinson | 4911-033-1321-0 conditions 8 through 13 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Plant Atkinson | 4911-033-1322-0 conditions 8 through 13 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Plant Atkinson | 4911-033-6949 conditions 5 through 10 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Plant McDonough | 4911-033-6951 conditions 5 through 10 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Atlanta Gas Light Company | 4922-028-10902 conditions 20 and 21 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Atlanta Gas Light Company | 4922-031-10912 conditions 27 and 28 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Austell Box Board Corporation | 2631-033-11436 conditions 1 through 5 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Emory University | 8922-044-10094 conditions 19 through 26 | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| General Motors Corporation | 3711-044-11453 conditions 1 through 6 and Attachment A | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Georgia Proteins Company | 2077-058-11226 conditions 16 through 23 and Attachment A | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Owens-Brockway Glass Container, Inc | 3221-060-10576 conditions 26 through 28 and Attachment A | 11/15/1994 | 3/18/1999, 64 FR 13348 | |
| Owens-Corning Fiberglass Corporation | 3296-060-10079 conditions 25 through 29 | 11/15/1994 | 3/18/1999, 64 FR 13348 |
[FR Doc. 2023-05241 Filed 3-17-23; 8:45 am]
BILLING CODE 6560-50-P