Clean Air Act Final Interim Approval of Operating Permits Program; Georgia

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[GA-95-01; FRL-5333-7]

Clean Air Act Final Interim Approval of Operating Permits

Program; Georgia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating interim approval of the Operating

Permits Program submitted by the Georgia Department of Natural

Resources, Environmental Protection Division for the purpose of

complying with Federal requirements for an approvable State program to

issue operating permits to all major stationary sources, and to certain

other sources.

EFFECTIVE DATE: December 22, 1995.

ADDRESSES: Copies of the State's submittal and other supporting

information used in developing the final interim approval are available

for inspection during normal business hours at the following location:

U.S. Environmental Protection Agency, Region 4, 345 Courtland Street

NE., Atlanta, Georgia 30365, on the 3rd floor of the Tower Building.

Interested persons wanting to examine these documents, contained in EPA

docket number GA-95-01, should make an appointment at least 24 hours

before the visiting day.

FOR FURTHER INFORMATION CONTACT: Yolanda Adams, Title V Program

Development Team, Air Programs Branch, Air, Pesticides & Toxics

Management Division, U.S. Environmental Protection Agency, Region 4,

345 Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555, Ext.

4149.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

Title V of the 1990 Clean Air Act Amendments (sections 501-507 of

the Clean Air Act (``the Act'')), and implementing regulations at 40

Code of Federal Regulations (CFR) part 70 require that states develop

and submit operating permits programs to EPA by November 15, 1993, and

that EPA act to approve or disapprove each program within one year

after receiving the submittal. EPA's program review occurs pursuant to

section 502 of the Act and the part 70 regulations, which together

outline criteria for approval or disapproval. Where a program

substantially, but not fully, meets the requirements of part 70, EPA

may grant the program interim approval for a period of up to 2 years.

If EPA has not fully approved a program by November 15, 1995, or by the

end of an interim program, it must establish and implement a Federal

program.

On September 26, 1995, EPA proposed interim approval of the

operating permits program for the State of Georgia. See 60 FR 49533.

The September 26, 1995 notice also proposed approval of Georgia's

interim mechanism for implementing section 112(g) and for delegation of

section 112 standards as promulgated. EPA did not receive any comments

on the proposal. In this action, EPA is promulgating interim approval

of Georgia's operating permits program, and approving the section

112(g) and section 112(l) mechanisms noted above.

II. Final Action and Implications

A. Title V Operating Permits Program

The EPA is promulgating interim approval of the operating permits

program submitted by the State of Georgia on November 12, 1993, and

supplemented on June 24, 1994; November 14, 1994; and June 5, 1995.

Georgia's program substantially, but not fully, meets the requirements

of part 70 and meets the interim approval requirements under 40 CFR

70.4. The State must make the following changes to receive full

approval: (1) Revise Rule 391-3-1(10)(d)1.(ii) to provide for the

notification requirements and permit shield extension found in

Sec. 70.4(b)(12)(iii); and (2) correct all deficiencies in its

insignificant activities regulation.

The scope of the State's part 70 program approved in this notice

applies to all part 70 sources (as defined in the approved program)

within the State of Georgia, except any sources of air pollution over

which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-

18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the Act

as ``any Indian tribe, band, nation, or other organized group or

community, including any Alaska Native village, which is Federally

recognized as eligible for the special programs and services provided

by the United States to Indians because of their status as Indians.''

See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25,

1994); 58 FR 54364 (Oct. 21, 1993).

[[Page 57837]]

This interim approval, which may not be renewed, extends until

December 22, 1997. During this interim approval period, the State of

Georgia is protected from sanctions, and EPA is not obligated to

promulgate, administer and enforce a Federal operating permits program

in the State. Permits issued under a program with interim approval have

full standing with respect to part 70, and the one-year time period for

submittal of permit applications by subject sources begins upon the

effective date of this interim approval, as does the 3-year time period

for processing the initial permit applications.

If the State fails to submit a complete corrective program for full

approval by June 23, 1997, EPA will start an 18-month clock for

mandatory sanctions. If Georgia then fails to submit a corrective

program that EPA finds complete before the expiration of that 18-month

period, EPA will be required to apply one of the sanctions in section

179(b) of the Act, which will remain in effect until EPA determines

that Georgia has corrected the deficiency by submitting a complete

corrective program. Moreover, if the Administrator finds a lack of good

faith on the part of the State, both sanctions under section 179(b)

will apply after the expiration of the 18-month period until the

Administrator determined that Georgia had come into compliance. In any

case, if, six months after application of the first sanction, Georgia

still has not submitted a corrective program that EPA has found

complete, a second sanction will be required.

If EPA disapproves Georgia's complete corrective program, EPA will

be required to apply one of the section 179(b) sanctions on the date 18

months after the effective date of the disapproval, unless prior to

that date the State has submitted a revised program and EPA has

determined that it corrected the deficiencies that prompted the

disapproval. Moreover, if the Administrator finds a lack of good faith

on the part of the State, both sanctions under section 179(b) shall

apply after the expiration of the 18-month period until the

Administrator determines that Georgia has come into compliance. In all

cases, if, six months after EPA applies the first sanction, the State

has not submitted a revised program that EPA has determined corrects

the deficiencies, a second sanction will be required.

In addition, discretionary sanctions may be applied where warranted

any time after the expiration of an interim approval period if Georgia

has not timely submitted a complete corrective program or EPA has

disapproved its submitted corrective program. Moreover, if EPA has not

granted full approval to Georgia's program by the expiration of this

interim approval and that expiration occurs after November 15, 1995,

EPA must promulgate, administer and enforce a Federal permits program

for the State upon interim approval expiration.

B. Preconstruction Permit Program Implementing Section 112(g)

EPA is approving the use of Georgia's preconstruction review

program found in Rule 391-3-1-.03 as a mechanism to implement section

112(g) during the transition period between promulgation of EPA's

section 112(g) rule and Georgia's adoption of rules specifically

designed to implement section 112(g). This approval is limited to the

implementation of the 112(g) rule and is effective only during any

transition time between the effective date of the 112(g) rule and the

adoption of specific rules by Georgia to implement 112(g). The duration

of this approval is limited to 18 months following promulgation by EPA

of section 112(g) regulations, to provide the State with adequate time

to adopt regulations consistent with Federal requirements.

C. Program for Delegation of Section 112 Standards as Promulgated

Requirements for approval, specified in 40 CFR 70.4(b), encompass

section 112(l)(5) requirements for approval of a program for delegation

of section 112 standards as promulgated by EPA as they apply to part 70

sources. Section 112(l)(5) requires that the State's program contain

adequate authorities, adequate resources for implementation, and an

expeditious compliance schedule, which are also requirements under part

70. Therefore, the EPA is also promulgating approval under section

112(l)(5) and 40 CFR 63.91 of Georgia's program for receiving

delegation of section 112 standards and programs that are unchanged

from Federal rules as promulgated. In addition, EPA is approving the

delegation of all existing standards and programs under 40 CFR parts 61

and 63. This program for delegation applies to both part 70 sources and

non-part 70 sources.

III. Administrative Requirements

A. Docket

Copies of the State's submittal and other information relied upon

for the final interim approval are contained in docket number GA-95-01

maintained at the EPA Regional Office. The docket is an organized and

complete file of all the information submitted to, or otherwise

considered by, EPA in the development of this final interim approval.

The docket is available for public inspection at the location listed

under the ADDRESSES section of this document.

B. Executive Order 12866

The Office of Management and Budget has exempted this action from

Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address operating permits programs

submitted to satisfy the requirements of 40 CFR part 70. Because this

action does not impose any new requirements, it does not have a

significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Intergovernmental relations, Operating permits,

Reporting and recordkeeping requirements.

Dated: November 2, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 70, title 40 of the Code of Federal Regulations is amended as

follows:

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

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

2. Appendix A to part 70 is amended by adding the entry for Georgia

in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

Georgia

(a) The Georgia Department of Natural Resources submitted on

November 12, 1993, and supplemented on June 24, 1994; November 14,

1994; and June 5, 1995; interim approval effective on December 22,

1995; interim approval expires December 22, 1997.

(b) (Reserved)

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[FR Doc. 95-28385 Filed 11-21-95; 8:45 am]

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