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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-30-3-9615a; FRL-5519-2]

Approval and Promulgation of Implementation Plans; Approval of

Revisions to the State Implementation Plan; Georgia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: This action approves a revision to the Georgia State

Implementation Plan (SIP) submitted by the Georgia Department of

Natural Resources, Environmental Protection Division (GA EPD) on

November 15, 1994, for the purpose of deleting the volatile organic

compound (VOC) reasonably available control technology (RACT) rule for

Perchloroethylene Dry Cleaners. This SIP revision is consistent with

requirements of the Clean Air Act as amended in 1990 (CAA).

DATES: This final rule is effective August 26, 1996 unless adverse or

critical comments are received by July 29, 1996. 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

M. Martin at the EPA Regional Office listed below.

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 4 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 M. Martin, Regulatory Planning

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

Management Division, Region 4 Environmental Protection Agency, 345

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

404/347-3555, X4216. Reference file GA-30-3-9615.

SUPPLEMENTARY INFORMATION: On November 15, 1994, the State of Georgia

through the Georgia Environmental Protection Division submitted SIP

revisions to EPA Region 4. This submittal contains changes pursuant to

requirements of part D of Title I of the CAA with regard to

nonattainment areas.

Specifically, Georgia submitted, and EPA is approving, the deletion

of Subsection 391-3-1-.02(2)(ww), Perchloroethylene Dry Cleaners, in

its entirety.

This revision is pursuant to the publication of a Federal Register

notice on February 7, 1996, (61 FR 4588) in which EPA adds

perchloroethylene, also known as tetrachloroethylene, to the list of

compounds excluded from the definition of VOC. The effective date of

this rule is March 8, 1996.

Perchloroethylene is a solvent commonly used in dry cleaning,

maskant operations, and degreasing operations. This rule results in a

more accurate assessment of ozone formation potential and will assist

States in avoiding exceedances for the ozone health standard. The rule

does this by causing control efforts to focus on compounds which are

actual ozone precursors, rather than giving credit for control of a

compound which has negligible photochemical reactivity.

Perchloroethylene will continue to be regulated as a hazardous air

pollutant (HAP) under Section 112 of the CAA.

Final Action

EPA is approving the above referenced revision to the Georgia SIP.

The EPA is publishing this action without a prior proposal for approval

because the Agency 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 revisions should adverse or critical comments be filed. This action

will be effective on August 26, 1996 unless, by July 29, 1996, 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

[[Page 33373]]

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

addressed in a subsequent final rule based on the separate 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 August 26, 1996.

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 August 26, 1996. 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 for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995, memorandum from Mary Nichols, Assistant Administrator

for Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

Nothing in this action shall be construed as permitting or allowing

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

any state implementation plan. Each request for revision to the state

implementation plan 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 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) and 7410(k)(3).

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the revisions provided for under part D of Title I of

the CAA. These rules may bind State, local and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. To the extent that the rules being approved by this

action will impose no new requirements, since such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action, and therefore there will be no

significant impact on a substantial number of small entities. EPA has

also determined that this final action does not include a mandate that

may result in estimated costs of $100 million or more to State, local,

or tribal governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements.

Dated: April 19, 1996.

A. Stanley Meiburg,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 52--[AMENDED]

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

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

Subpart L--Georgia

2. Section 52.570 is amended by revising subparagraph (c)(37)(i)(A)

to read as follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(37) * * *

(i) * * *

(A) The following Rules of the Georgia Department of Natural

Resources, Chapter 391-3-1, Air Quality Control, became State effective

on January 9, 1991.

391-3-1-.01(jjj);

391-3-1-.02(2)(a)4.;

391-3-1-.02(2)(t);

391-3-1-.02(2)(u)2.(i) and (iii);

391-3-1-.02(2)(v)2.(i) and (iii);

391-3-1-.02(2)(w)2.(i) and (iii);

391-3-1-.02(2)(x)2.(i), (iii), and (x)3.(v);

391-3-1-.02(2)(y)2.(i) and (iii);

391-3-1-.02(2)(z)2.(i) and (iii);

391-3-1-.02(2)(aa)2.(i) and (iii);

391-3-1-.02(2)(bb)1.(ii);

391-3-1-.02(2)(cc);

391-3-1-.02(2)(ee)1.(iii);

391-3-1-.02(2)(ff)2.(ii)(V) and 3.(iii)(III);

391-3-1-.02(2)(ii)4.(i) and (iii);

391-3-1-.02(2)(jj)2.(i) and (iii);

391-3-1-.02(2)(mm)1.(i), (ii), and (iii);

391-3-1-.02(2)(pp);

391-3-1-.02(2)(qq);

391-3-1-.0292)(rr);

391-3-1-.02(2)(ss);

391-3-1-.02(3)(a);

391-3-1-.02(6)(a)3.

* * * * *

[FR Doc. 96-16343 Filed 6-26-96; 8:45 am]

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