[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Rules and Regulations]
[Pages 45910-45918]
[FR Doc No: 2019-18590]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA 2018; FRL-9997-86-Region 4]

Air Plan Approval; Georgia; Update to Materials Incorporated by
Reference

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notification of administrative change.

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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.
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 September 3, 2019.

ADDRESSES: SIP materials which are incorporated by reference into 40
CFR part 52 are available for inspection at the following locations:
Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, GA 30303; and the National Archives and Records
Administration. For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. 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: 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. Mr. Wong can be reached
via telephone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    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 the 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 if necessary.
    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 and/or revised state regulations. A submission from a
state can revise one or more rules in their entirety or portions of
rules, or even change a single word. The state indicates the changes in
the submission (such as, by using redline/strikethrough) 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 state 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. These SIP Compilations are updated
primarily 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 applied the 1997
revised procedures to Georgia on May 21, 1999 (64 FR 27699).

II. EPA Action

    This action represents EPA's publication of the Georgia SIP
Compilation update, appearing in 40 CFR part 52: Specifically, the
materials of paragraph (c) and (d) at 40 CFR 52.570. In addition, this
notice also corrects typographical errors and provides notice of the
following corrections to Table (c) of Sec.  52.570, as described below:

Changes Applicable to EPA-Approved Georgia Regulations

    1. Under the ``EPA approval date'' column, the period is removed
after the Federal Register citation.
    2. Under Rule 391-3-1-.02(2)(ooo), ``Heavy-Duty Diesel Engine
Requirements'' the entry was deleted from the table because EPA
previously approved removal of this provision from the SIP. See 82 FR
22079 (May 12, 2017).
    3. Under Rule 391-3-.20, ``Enhanced Inspection and Maintenance''
the State effective date was revised to read ``6/19/2014'' and EPA
approval date was revised to read ``4/10/2017, 82 FR 17128.''
    4. Under Rules 391-3-1-.02(2)(a), 391-3-1-.02(7), 391-3-1-.03(2),
and 391-3-1-.03(8), the explanation column was revised to clarify the
effect of previous EPA actions on Georgia's SIP submittals.

III. Good Cause Exemption

    EPA has determined that this action falls under the ``good cause''
exemption under 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 and
makes typographical/ministerial revisions to the tables in the CFR.
Under section 553(b)(3)(B) of the APA, an agency may find good cause
where public participation 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 typographical corrections) only
reflect existing law and the revisions are ministerial in nature.
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 typographical corrections and ministerial
changes to the Georgia ``Identification of Plan'' portion of the
Federal Register. 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

    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 October 1, 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).

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
notice 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);
     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).
    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 compilation 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) 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: July 29, 2019
Mary S. Walker,
Regional Administrator, Region 4.

    40 CFR part 52, is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority for 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, paragraphs (b), (c), and (d) are revised to read as
follows:

Sec.  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 October
1, 2018, 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 October 1, 2018, 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<PHONE_NUMBER>. You may
inspect the material with an EPA approval date prior to October 1,
2018, for Georgia at the National Archives and Records Administration.
For information on the availability of this material at NARA go to:
http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (c) EPA Approved Georgia Regulations.

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State        EPA approval
      State citation          Title/subject    effective date        date                  Explanation
----------------------------------------------------------------------------------------------------------------
391-3-1-.01...............  Definitions......       7/20/2017  12/4/2018, 83 FR
                                                                62466.
----------------------------------------------------------------------------------------------------------------
391-3-1-.02...............                                       Provisions
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(1)............  General                 3/20/1979  9/18/1979, 44 FR
                             Requirements.                      54047.
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(2)............                                   Emission Standards
----------------------------------------------------------------------------------------------------------------
391-3-1-.02(2)(a).........  General                  8/1/2013  7/28/2017, 82 FR  Except for paragraph 391-3-1-
                             Provisions.                        35106.            .02(2)(a)1 (as approved on 3/
                                                                                16/2006).
391-3-1-.02(2)(b).........  Visible Emissions       1/17/1979  9/18/1979, 44 FR
                                                                54047.
391-3-1-.02(2)(c).........  Incinerators.....        8/9/2012  4/9/2013, 78 FR
                                                                21065.
391-3-1-.02(2)(d).........  Fuel-burning            7/20/2005  2/9/2009, 75 FR
                             Equipment.                         6309.
391-3-1-.02(2)(e).........  Particulate              8/1/2013  7/28/2017, 82 FR
                             Emission from                      35106.
                             Manufacturing
                             Processes.
391-3-1-.02(2)(f).........  Normal                  1/17/1979  9/18/1979, 44 FR
                             Superphosphate                     54047.
                             Manufacturing
                             Facilities.
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         1/17/1979  9/18/1979, 44 FR
                             Plants.                            54047.
391-3-1-.02(2)(i).........  Nitric Acid             1/17/1979  9/18/1979, 44 FR
                             Plants.                            54047.
391-3-1-.02(2)(j).........  Sulfuric Acid           1/17/1979  9/18/1979, 44 FR
                             Plants.                            54047.

391-3-1-.02(2)(k).........  Particulate             1/17/1979  9/18/1979, 44 FR
                             Emission from                      54047.
                             Asphaltic
                             Concrete Hot Mix
                             Plants.
391-3-1-.02(2)(n).........  Fugitive Dust....       1/17/1979  9/18/1979, 44 FR
                                                                54047.
391-3-1-.02(2)(p).........  Particulate              8/1/2013  7/28/2017, 82 FR
                             Emissions from                     35106.
                             Kaolin and
                             Fuller's Earth
                             Processes.
391-3-1-.02(2)(q).........  Particulate              8/1/2013  7/28/2017, 82 FR
                             Emissions from                     35106.
                             Cotton Gins.
391-3-1-.02(2)(r).........  Particulate             1/27/1972  5/31/1972, 37 FR
                             Emissions from                     10842.
                             Granular and
                             Mixed Fertilizer
                             Manufacturing
                             Units.
391-3-1-.02(2)(t).........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Automobile                    59554.
                             and Light Duty
                             Truck
                             Manufacturing.
391-3-1-.02(2)(u).........  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                             from Can Coating.                  59554.
391-3-1-.02(2)(v).........  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                             from Coil                          59554.
                             Coating.
391-3-1-.02(2)(w).........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Paper                         59554.
                             Coating.
391-3-1-.02(2)(x).........  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                             from Fabric and                    59554.
                             Vinyl Coating.
391-3-1-.02(2)(y).........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Metal                         59554.
                             Furniture
                             Coating.
391-3-1-.02(2)(z).........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Large                         59554.
                             Appliance
                             Surface Coating.
391-3-1-.02(2)(aa)........  VOC Emissions           9/16/1992  9/28/2012, 77 FR
                             from Wire                          59554.
                             Coating.
391-3-1-.02(2)(bb)........  Petroleum Liquid         1/9/1991  10/13/1992, 57
                             Storage.                           FR 46780.
391-3-1-.02(2)(cc)........  Bulk Gasoline            1/9/1991  10/13/1992, 57
                             Terminals.                         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                1/9/1991  10/13/1992, 57
                             Refinery.                          FR 46780.
391-3-1-.02(2)(ff)........  Solvent Metal           5/29/1996  4/26/1999, 64 FR
                             Cleaning.                          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               6/24/1994  2/2/1996, 61 FR
                             Refinery                           3817.
                             Equipment Leaks.
391-3-1-.02(2)(ii)........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Surface                       59554.
                             Coating of
                             Miscellaneous
                             Metal Parts and
                             Products.
391-3-1-.02(2)(jj)........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Surface                       59554.
                             Coating of Flat
                             Wood Paneling.

391-3-1-.02(2)(kk)........  VOC Emissions          12/18/1980  11/24/1981, 46
                             from Synthesized                   FR 57486.
                             Pharmaceutical
                             Manufacturing.
391-3-1-.02(2)(ll)........  VOC Emissions          12/18/1980  11/24/1981, 46
                             from the                           FR 57486.
                             Manufacture of
                             Pneumatic Rubber
                             Tires.
391-3-1-.02(2)(mm)........  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Graphic                       59554.
                             Arts Systems.
391-3-1-.02(2)(nn)........  VOC Emissions          12/18/1980  11/24/1981, 46
                             from External                      FR 57486.
                             Floating Roof
                             Tanks.
391-3-1-.02(2)(oo)........  Fiberglass             12/18/1980  11/24/1981, 46
                             Insulation                         FR 57486.
                             Manufacturing
                             Plants.
391-3-1-.02(2)(pp)........  Bulk Gasoline            6/8/2008  9/28/2012, 77 FR
                             Plants.                            59554.
391-3-1-.02(2)(qq)........  VOC Emissions            4/3/1991  10/13/1992, 57
                             from Large                         FR 46780.
                             Petroleum Dry
                             Cleaners.
391-3-1-.02(2)(rr)........  Gasoline                 6/8/2008  9/28/2012, 77 FR
                             Dispensing                         59554.
                             Facilities--Stag
                             e I.
391-3-1-.02(2)(ss)........  Gasoline                 8/1/2013  7/28/2017, 82 FR
                             Transport                          35106.
                             Systems and
                             Vapor Collection
                             Systems.
391-3-1-.02(2)(tt)........  VOC Emissions            6/8/2008  9/28/2012, 77 FR
                             from Major                         59554.
                             Sources.
391-3-1-.02(2)(uu)........  Visibility             10/31/1985  1/28/1986, 51 FR
                             Protection.                        3466.
391-3-1-.02(2)(vv)........  Volatile Organic        4/12/2009  9/28/2012, 77 FR
                             Liquid Handling                    59554.
                             and Storage.
391-3-1-.02(2)(yy)........  Emissions of            4/12/2009  9/28/2012, 77 FR
                             Nitrogen Oxides                    59554.
                             from Major
                             Sources.
391-3-1-.02(2)(ccc).......  VOC Emissions           4/12/2009  9/28/2012, 77 FR
                             from Bulk Mixing                   59554.
                             Tanks.
391-3-1-.02(2)(ddd).......  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Offset                        59554.
                             Lithography and
                             Letterpress.
391-3-1-.02(2)(eee).......  VOC Emissions           4/12/2009  9/28/2012, 77 FR
                             from expanded                      59554.
                             Polystyrene
                             Products
                             Manufacturing.
391-3-1-.02(2)(fff).......  Particulate             6/15/1998  12/2/1999, 64 FR
                             Matter Emissions                   67491.
                             from Yarn
                             Spinning
                             Operations.
391-3-1-.02(2)(hhh).......  Wood Furniture          4/12/2009  9/28/2012, 77 FR
                             Finishing and                      59554.
                             Cleaning
                             Operations.
391-3-1-.02(2)(jjj).......  NOX Emissions           3/12/2007  11/27/2009, 74
                             from Electric                      FR 62249.
                             Utility Steam
                             Generating Units.
391-3-1-.02(2)(kkk).......  VOC Emissions           4/12/2009  9/28/2012, 77 FR
                             from Aerospace                     59554.
                             Manufacturing
                             and Rework
                             Facilities.

391-3-1-.02(2)(lll).......  NOX Emissions           4/12/2009  9/28/2012, 77 FR
                             from Fuel-                         59554.
                             burning
                             Equipment.
391-3-1-.02(2)(mmm).......  NOX Emissions            5/4/2014  9/1/2015, 80 FR
                             from Stationary                    52627.
                             Gas Turbines and
                             Stationary
                             Engines used to
                             Generate
                             Electricity.
391-3-1-.02(2)(nnn).......  NOX Emissions           2/16/2000  7/10/2001, 66 FR
                             from Large                         35906.
                             Stationary Gas
                             Turbines.
391-3-1-.02(2)(rrr).......  NOX Emissions           4/12/2009  9/28/2012, 77 FR
                             from Small Fuel-                   59554.
                             Burning
                             Equipment.
391-3-1-.02(2)(vvv).......  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Coating                       59554.
                             Miscellaneous
                             Plastic Parts
                             and Products.
391-3-1-.02(2)(yyy).......  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from the use of                    59554.
                             Miscellaneous
                             Industrial
                             Adhesives.
391-3-1-.02(2)(zzz).......  VOC Emissions            3/7/2012  9/28/2012, 77 FR
                             from Fiberglass                    59554.
                             Boat
                             Manufacturing.
391-3-1-.02(2)(aaaa)......  Industrial               3/7/2012  9/28/2012, 77 FR
                             Cleaning                           59554.
                             Solvents.
391-3-1-.02(3)............  Sampling.........       6/15/1998  12/2/1999, 64 FR
                                                                67491.
391-3-1-.02(4)............  Ambient Air             7/20/2017  12/4/2018, 83 FR
                             Standards.                         62466.
391-3-1-.02(5)............  Open Burning.....       7/13/2006  2/9/2010, 75 FR
                                                                6309.
391-3-1-.02(6)............  Source Monitoring        8/1/2013  7/28/2017, 82 FR
                                                                35108.
391-3-1-.02(7)............  Prevention of           7/20/2017  12/14/2018, 83    Except for the automatic
                             Significant                        FR 64285.         rescission clause at 391-3-1-
                             Deterioration of                                     .02(7)(a)(2)(iv), which EPA
                             Air Quality                                          disapproved on March 4, 2016.
                             (PSD).                                              Except for portions of Rule 391-
                                                                                3-1-.02(7) incorporating by
                                                                                reference 40 CFR
                                                                                52.21(b)(1)(i)(a), 40 CFR
                                                                                52.21(b)(1)(iii)(t), 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.
                                                                                Except for portions of Rule 391-
                                                                                3-1-.02(7) incorporating by
                                                                                reference the exemption of
                                                                                ethanol production facilities
                                                                                that produce ethanol by
                                                                                natural fermentation from the
                                                                                requirement to include
                                                                                fugitive emissions in
                                                                                determining major source
                                                                                applicability at 40 CFR
                                                                                52.21(b)(1)(i)(a) and 40 CFR
                                                                                52.21(b)(1)(iii)(t). Those
                                                                                provisions have not been
                                                                                approved into the Georgia SIP.

                            .................  ..............  ................  On September 9, 2011 Georgia's
                                                                                PSD Rule 391-3-1-.02(7)
                                                                                incorporates by reference the
                                                                                regulations found at 40 CFR
                                                                                52.21 as of June 3, 2010, with
                                                                                changes. This EPA action is
                                                                                approving the incorporation by
                                                                                reference with the exception
                                                                                of the following provisions:
                                                                                (1) The provisions amended in
                                                                                the Ethanol Rule which exclude
                                                                                facilities that produce
                                                                                ethanol through a natural
                                                                                fermentation process from the
                                                                                definition of ``chemical
                                                                                process plants'' in the major
                                                                                NSR source permitting program
                                                                                found at 40 CFR
                                                                                52.21(b)(1)(i)(a) and
                                                                                (b)(1)(iii)(t); and (2) the
                                                                                administrative regulations
                                                                                amended in the Fugitive
                                                                                Emissions Rule. Additionally,
                                                                                this EPA action is not
                                                                                approving the ``automatic
                                                                                rescission clause'' provision
                                                                                at 391-3-1.02(7)(a)2.(iv).
                                                                                This rule contains NOX as a
                                                                                precursor to ozone for PSD and
                                                                                NSR.
391-3-1-.02(11)...........  Compliance              6/15/1998  12/2/1999, 64 FR
                             Assurance                          67491.
                             Monitoring.
391-3-1-.02(12)...........  Cross State Air         7/20/2017  10/13/2017, 82
                             Pollution Rule                     FR 47930.
                             NOX Annual
                             Trading Program.
391-3-1-.02(13)...........  Cross State Air         7/20/2017  10/13/2017, 82
                             Pollution Rule                     FR 47930.
                             SO2 Annual
                             Trading Program.
391-3-1-.02(14)...........  Cross State Air         7/20/2017  10/13/2017, 82
                             Pollution Rule                     FR 47930.
                             NOX Ozone Season
                             Trading Program.
----------------------------------------------------------------------------------------------------------------
391-3-1-.03...............                                         Permits
----------------------------------------------------------------------------------------------------------------
391-3-1-.03(1)............  Construction            8/17/1994  8/30/1995, 60 FR
                             (SIP) Permit.                      45048.
391-3-1-.03(2)............  Operating (SIP)        12/26/2001  7/11/2002, 67 FR  Except subparagraph (e), which
                             Permit.                            45909.            is not approved into the SIP.
391-3-1-.03(3)............  Revocation,             2/23/1979  9/18/1979, 44 FR
                             Suspension,                        54047.
                             Modification or
                             Amendment of
                             Permits.
391-3-1-.03(4)............  Permits not            11/20/1975  8/20/1976, 41 FR
                             Transferable.                      35184.
391-3-1-.03(5)............  Permits Public         10/28/1992  2/2/1996, 61 FR
                             Records.                           3819.
391-3-1-.03(6)............  Exemptions.......        8/9/2012  4/9/2013, 78 FR
                                                                21065.
391-3-1-.03(7)............  Combined Permits        2/23/1979  9/18/1979, 44 FR
                             and Applications.                  54047.
391-3-1-.03(8)............  Permit                   8/1/2013  10/16/2017, 82    Except subparagraph (g), which
                             Requirements.                      FR 47993.         was approved into the SIP with
                                                                                a state-effective date of 9/13/
                                                                                2011.
391-3-1-.03(11)...........  Permit by Rule...       7/20/2005  2/9/2010, 75 FR
                                                                6309.
391-3-1-.03(12)...........  Generic Permit...       8/17/1994  8/30/1995, 60 FR
                                                                45048.
391-3-1-.03(13)...........  Emission                9/11/2008  3/14/2019, 84 FR  Except subparagraph 391-3-1-
                             Reduction                          9240.             .03(13)(f), which was approved
                             Credits.                                             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          11/20/1975  8/20/1976, 41 FR
                             Episodes.                          35184.
391-3-1-.07...............  Inspections and        11/20/1975  8/20/1976, 41 FR
                             Investigations.                    35184.
391-3-1-.08...............  Confidentiality        11/20/1975  8/20/1976, 41 FR
                             of information.                    35184.
391-3-1-.09...............  Enforcement......      11/22/1992  2/2/1996, 61 FR
                                                                3819.
391-3-1-.10...............  Continuance of         11/22/1992  2/2/1996, 61 FR
                             Prior Rules.                       3819.

391-3-1-.15...............  Georgia                 10/6/2010  6/15/2012, 77 FR
                             Transportation                     35866.
                             Conformity and
                             Consultation
                             Interagency Rule.
391-3-20..................  Enhanced                6/19/2014  4/10/2017, 82 FR
                             Inspection and                     17128.
                             Maintenance.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-Approved State Source Specific Requirements

                                EPA Approved Georgia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                             State
        Name of source                Permit No.        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     4911-117-6716-0.......       4/23/1980  5/5/1981, 46 FR
 Branch.                                                                 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             12/27/1995  3/18/1999, 64 FR
                                 conditions 10 through                   13348.
                                 22.
Plant Yates...................  4911-038-4838-0             12/27/1995  3/18/1999, 64 FR
                                 conditions 19 through                   13348.
                                 32.
Plant Yates...................  4911-038-4839-0             12/27/1995  3/18/1999, 64 FR
                                 conditions 16 through                   13348.
                                 29.
Plant Yates...................  4911-038-4840-0             12/27/1995  3/18/1999, 64 FR
                                 conditions 16 through                   13348.
                                 29.
Plant Yates...................  4911-038-4841-0             12/27/1995  3/18/1999, 64 FR
                                 conditions 16 through                   13348.
                                 29.
Plant Atkinson................  4911-033-1321-0             11/15/1994  3/18/1999, 64 FR
                                 conditions 8 through                    13348.
                                 13.
Plant Atkinson................  4911-033-1322-0             11/15/1994  3/18/1999, 64 FR
                                 conditions 8 through                    13348.
                                 13.
Plant Atkinson................  4911-033-6949               11/15/1994  3/18/1999, 64 FR
                                 conditions 5 through                    13348.
                                 10.
Plant Atkinson................  4911-033-1320-0             11/15/1994  3/18/1999, 64 FR
                                 conditions 8 through                    13348.
                                 13.
Plant Atkinson................  4911-033-1319-0             11/15/1994  3/18/1999, 64 FR
                                 conditions 8 through                    13348.
                                 13.
Plant McDonough...............  4911-033-6951               11/15/1994  3/18/1999, 64 FR
                                 conditions 5 through                    13348.
                                 10.
Atlanta Gas Light Company.....  4922-028-10902              11/15/1994  3/18/1999, 64 FR
                                 conditions 20 and 21.                   13348.
Atlanta Gas Light Company.....  4922-031-10912              11/15/1994  3/18/1999, 64 FR
                                 conditions 27 and 28.                   13348.
Austell Box Board Corporation.  2631-033-11436              11/15/1994  3/18/1999, 64 FR
                                 conditions 1 through                    13348.
                                 5.
Emory University..............  8922-044-10094              11/15/1994  3/18/1999, 64 FR
                                 conditions 19 through                   13348.
                                 26.
General Motors Corporation....  3711-044-11453              11/15/1994  3/18/1999, 64 FR
                                 conditions 1 through                    13348.
                                 6 and Attachment A.
Georgia Proteins Company......  2077-058-11226              11/15/1994  3/18/1999, 64 FR
                                 conditions 16 through                   13348.
                                 23 and Attachment A.
Owens-Brockway Glass            3221-060-10576              11/15/1994  3/18/1999, 64 FR
 Container, Inc.                 conditions 26 through                   13348.
                                 28 and Attachment A.

Owens-Corning Fiberglass        3296-060-10079              11/15/1994  3/18/1999, 64 FR
 Corporation.                    conditions 25 through                   13348.
                                 29.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2019-18590 Filed 8-30-19; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Notices]
[Pages 44652-44653]
[FR Doc No: 2011-18890]

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

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-1998-4334; FMCSA-2000-7918; FMCSA-2001-9561; FMCSA-
2003-14504; FMCSA-2005-20027; FMCSA-2007-2663; FMCSA-2007-25246; FMCSA-
2007-27515; FMCSA-2007-27897; FMCSA-2009-0054; FMCSA-2009-0086; FMCSA-
2009-0121]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
26 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent to
or greater than the level of safety maintained without the exemptions
for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective August 8, 2011. Comments must be
received on or before August 25, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) numbers: FMCSA-1998-4334; FMCSA-2000-7918;
FMCSA-2001-9561; FMCSA-2003-14504; FMCSA-2005-20027; FMCSA-2007-2663;
FMCSA-2007-25246; FMCSA-2007-27515; FMCSA-2007-27897; FMCSA-2009-0054;
FMCSA-2009-0086; FMCSA-2009-0121, using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket number for this notice. Note that DOT posts all comments
received without change to http://www.regulations.gov, including any
personal information included in a comment. Please see the Privacy Act
heading below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want
acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to or greater than the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 26 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 26 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Jean-Pierre G. Brefort
James T. Butler, Jr.
Paul W. Dawson
Jay E. Finney
Steven A. Garrity
Waylon E. Hall
Gary D. Hallman
William P. Holloman
John R. Hughes
Edward J. Kasper
Jeffrey M. Kimsey
Richard L. Leonard
Jorge Lopez
Craig R. Martin
Michael A. Mitchell
William F. Nickel, V
Robert D. Porter
Thomas G. Raymond
Robert A. Reyna
Tim M. Seavy
Lawrence E. Stabeno
Randy D. Stanley
Lee T. Taylor
Scott A. Taylor
James M. Tayman, Sr.
Steven L. Thomas

    The exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under

49 CFR 391.41; (2) that each individual provides a copy of the
ophthalmologist's or optometrist's report to the medical examiner at
the time of the annual medical examination; and (3) that each
individual provide a copy of the annual medical certification to the
employer for retention in the driver's qualification file and retains a
copy of the certification on his/her person while driving for
presentation to a duly authorized Federal, State, or local enforcement
official. Each exemption will be valid for two years unless rescinded
earlier by FMCSA. The exemption will be rescinded if: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 26 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (63 FR 66226; 64 FR 16517, 65 FR 66286; 66 FR 13825; 66 FR
30502; 66 FR 33990; 66 FR 41654; 66 FR 41656; 68 FR 10300; 68 FR 19598;
68 FR 33570; 68 FR 44837; 70 FR 2701; 70 FR 7546; 70 FR 16887; 70 FR
25878; 70 FR 41811; 72 FR 180; 72 FR 8417; 72 FR 9397; 72 FR 21313; 72
FR 28093; 72 FR 32703; 72 FR 32705; 72 FR 36099; 72 FR 39879; 72 FR
40362; 72 FR 52419; 74 FR 11988; 74 FR 19267; 74 FR 21427; 74 FR 23472;
74 FR 26461; 74 FR 26466; 74 FR 28094; 74 FR 34395; 74 FR 34630). Each
of these 26 applicants has requested renewal of the exemption and has
submitted evidence showing that the vision in the better eye continues
to meet the standard specified at 49 CFR 391.41(b)(10) and that the
vision impairment is stable. In addition, a review of each record of
safety while driving with the respective vision deficiencies over the
past two years indicates each applicant continues to meet the vision
exemption standards. These factors provide an adequate basis for
predicting each driver's ability to continue to drive safely in
interstate commerce. Therefore, FMCSA concludes that extending the
exemption for each renewal applicant for a period of two years is
likely to achieve a level of safety equal to that existing without the
exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by August 25, 2011.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 26 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was made on the merits of each
case and made only after careful consideration of the comments received
to its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all, of these drivers are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: July 20, 2011.
Larry W. Minor,
Associate Administrator Office of Policy.
[FR Doc. 2011-18890 Filed 7-25-11; 8:45 am]
BILLING CODE 4910-EX-P