Approval and Promulgation of Implementation Plans Georgia: Approval of Revisions to the State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-23-1-6346a; FRL-5066-1]

Approval and Promulgation of Implementation Plans Georgia:

Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves revisions to the Georgia State

Implementation Plan (SIP) adopted by the Georgia Department of Natural

Resources, Environmental Protection Division (GA EPD) on November 17,

1993, for the purpose of implementing a program of Photochemical

Assessment Monitoring Stations (PAMS). This program is required in all

ozone (O3) nonattainment areas designated as serious, severe, or

extreme. The submitted revisions meet the plan requirements for serious

nonattainment areas of the Clean Air Act as amended in 1990 (CAA). The

revisions were submitted by the State of Georgia through the GA EPD for

the Atlanta O3 nonattainment area.

DATES: This final rule will be effective November 7, 1994 unless

adverse or critical comments are received by October 7, 1994. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this action should be addressed to Scott

Southwick, at the EPA Regional Office listed.

Copies of the documents relative to this action are available for

public inspection during normal business hours at the following

locations. The interested persons wanting to examine these documents

should make an appointment with the appropriate office at least 24

hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102),

U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency, Region IV Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

Air Protection Branch, Georgia Environmental Protection Division,

Georgia Department of Natural Resources, 4244 International Parkway,

suite 120, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Scott Southwick, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region IV Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia 30365, The telephone number is

404/347-2864. Reference file GA-23-1-6346.

SUPPLEMENTARY INFORMATION: The CAA provides for classification of

O3 nonattainment areas according to the severity of their O3

problem. On January 6, 1991, the thirteen (13) county Atlanta area was

classified as a serious O3 nonattainment area and required to meet

all of the nonattainment requirements of the CAA for serious areas.

Pursuant to the CAA, Georgia is required to adopt specific air quality

control rules and incorporate them into the Georgia SIP.

The air quality planning and SIP requirements for O3

nonattainment and transport areas are set out in subparts I and II of

part D of title I of the CAA. Section 182 of the CAA sets out a

graduated control program for O3 nonattainment areas. Section

182(c)(1) requires areas serious and above to adopt and implement an

enhanced monitoring program. The program must require enhanced

monitoring of ambient concentrations of O3, oxides of nitrogen

(NOx) and volatile organic compounds (VOCs). Each SIP for a

serious nonattainment area shall contain measures to improve the

ambient monitoring of such air pollutants.

On November 8, 1993, the State of Georgia submitted the Georgia SIP

for PAMS and the Atlanta PAMS Network Description. The SIP submittal

meets the criteria required by 40 CFR 58.20 as amended February 12,

1993. In order to obtain more comprehensive and representative data on

O3 air pollution, the Georgia SIP revision requires enhanced

monitoring for O3, NOx, monitoring for speciated non-methane

VOC's, carbonyl sampling, and meteorological measurements (wind

direction, wind speed, relative humidity, temperature, barometric

pressure, and solar radiation and upper air soundings). The monitoring

is to be accomplished through the establishment of a standard, isolated

network of five (5) PAMS.

Final Action

EPA is approving the revision to the Georgia SIP requiring enhanced

monitoring. This action is being taken without prior proposal because

the EPA views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective November 7, 1994 unless, by October 7, 1994, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective November 7, 1994.

The EPA has reviewed this request for revision of the SIP for

conformance with the provisions of the 1990 Amendments enacted on

November 15, 1990. The EPA has determined that this action conforms

with those requirements irrespective of the fact that the submittal

preceded the date of enactment.

Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1),

petitions for judicial review of this action must be filed in the

United States Court of Appeals for the appropriate circuit by November

7, 1994. Filing a petition for reconsideration by the Administrator of

this final rule does not affect the finality of this rule for 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)

of the CAA, 42 U.S.C. 7607 (b)(2)).

This action has been classified as a Table 3 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993,

memorandum from Michael Shapiro, Acting Assistant Administrator for Air

and Radiation. A future document will inform the general public of

these tables. On January 6, 1989, the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions from the requirements of

section 3 of Executive Order 12291 for 2 years. The EPA has submitted a

request for a permanent waiver for Table 2 and Table 3 SIP revisions.

The OMB has agreed to continue the waiver until such time as it rules

on EPA's request. This request continues in effect under Executive

Order 12866 which superseded Executive Order 12291 on September 30,

1993.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any SIP. Each request for revision to the SIP shall be considered

separately in light of specific technical, economic, and environmental

factors and in relation to relevant statutory and regulatory

requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP Actions

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Hydrocarbons,

Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate

matter, Reporting and recordkeeping requirements, Sulfur oxides.

Dated: August 24, 1994.

Joe R. Franzmathes,

Acting Regional Administrator.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart L--Georgia

2. Section 52.582 is added to read as follows:

Sec. 52.582 Control strategy: Ozone.

Approval--The Administrator approves the incorporation of the

photochemical assessment ambient monitoring system submitted by Georgia

on November 8, 1993, into the Georgia State Implementation Plan. This

submittal satisfies 40 CFR 58.20(f) which requires the State to provide

for the establishment and maintenance of photochemical assessment

monitoring stations (PAMS).

[FR Doc. 94-21953 Filed 9-6-94; 8:45 am]

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