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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-21-3-6481a; FRL-5319-5]

Approval and Promulgation of Implementation Plans, Georgia:

Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 September 9,

1992, for the purpose of implementing the following programs within the

Atlanta ozone nonattainment area: emission statement program for

stationary sources, Stage II Gasoline Vapor Control revisions with SIP

narrative and transfer of the existing Georgia Department of Public

Safety's Inspection and Maintenance (I/M) program regulations to the

Georgia Department of Natural Resources. The submitted revisions meet

the November 15, 1992, plan requirements for nonattainment areas of the

Clean Air Act as amended in 1990 (CAA). The revisions were submitted

for the Atlanta ozone nonattainment area.

DATES: This final rule is effective April 2, 1996 unless adverse or

critical comments are received by March 4, 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 Alan

Powell 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: Alan Powell, 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, extension 4209. Reference file GA-21-3-6481.

SUPPLEMENTARY INFORMATION: The air quality planning and SIP

requirements for ozone 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 ozone nonattainment areas.

Section 182(a) sets out requirements applicable in subsections (b),

(c), (d), and (e) to all other ozone nonattainment areas. On November

13, 1992, Georgia submitted a SIP package to address these

requirements. The submittal contained regulations relating to emissions

statements, new source review, enhanced motor vehicle inspection

committal SIP, Stage II vapor recovery, the small business assistance

program (SBAP) and non-control technology guidance (non-CTG) Reasonably

Available Control Techniques (RACT). The new source review, non-CTG

RACT, SBAP and I/M committal SIP portions of this package will be

processed as separate Federal

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Register notices. The following summarize the applicable revisions

addressing emission statements, revision to the I/M program which

transfer authority to the Georgia Environmental Protection Division

from the Georgia Department of Motor Vehicles and Stage II vapor

recovery.

391-3-1-.02(6)(a)4.--Emission Statements. This is a new rule which

requires annual emission statements from owners and operators of

stationary sources of nitrogen oxides (NOX) and/or VOCs which emit

greater than or equal to 25 tons per calendar year of either pollutant

in the Atlanta ozone nonattainment area. Among the requirements in

section 182(a) is a program in paragraph (3) of that subsection for

stationary sources to prepare and submit to the State each year

emission statements showing actual emissions of VOC and NOX. The

emission statement must contain a certification that the information

contained in the statement is accurate to the best knowledge of the

individual certifying the statement.

The CAA requires applicable facilities (25 tons per year (tpy) and

greater of VOC and NOX) to submit the emission statements to the

State within three years after November 15, 1990, and annually

thereafter. The Georgia emission statement rule, submitted on November

13, 1992, requires applicable sources to submit an emissions statement

to the GA EPD beginning March of 1993, and the emission statements

submitted will be certified correct as required by the CAA. The

emission statement rule submitted by GA EPD meets all applicable

requirements of the CAA.

391-3-10--Inspection and Maintenance. This chapter adopts, with

various minor changes, the Georgia Department of Public Safety's I/M

rules as GA EPD rules, reflecting the transfer of responsibility for

the program contained in the Georgia Motor Vehicle I/M Act. This rule

will not significantly change the operation of the existing I/M

program.

391-3-1-.02(2)(zz)--Gasoline Dispensing Facilities--Stage II. The

provisions required for serious ozone nonattainment areas include a

requirement for owners or operators of gasoline dispensing systems to

install and operate vapor recovery equipment at their facilities. The

CAA specifies that the state regulations must apply to any facility

that dispenses more than 10,000 gallons of gasoline per month or, in

the case of an independent small business marketer (ISBM), any facility

that dispenses more than 50,000 gallons of gasoline per month. Section

324 of the CAA defines an ISBM. The State definition of ISBM is

consistent with the definition in the CAA.

The CAA specifies the time by which certain facilities must comply

with the State regulation. For facilities that are not owned or

operated by an ISBM, these times, calculated from the time of State

adoption of the regulation, are: (1) 6 months for facilities for which

construction began after November 15, 1990, (2) 1 year for facilities

that dispense greater than 100,000 gallons of gasoline per month, and

(3) by November 15, 1994, for all other facilities. For ISBM's, section

324(a) of the CAA provides that the time periods may be: (1) 33 percent

of the facilities owned by an ISBM by the end of the first year after

the regulations take effect; (2) 66 percent of such facilities by the

end of the second year; and (3) 100 percent of such facilities after

the third year.

Consistent with EPA's guidance, the State requires that Stage II

systems be tested and certified to meet a 95 percent emission reduction

efficiently by using a system approved by the California Air Resources

Board (CARB). The State requires sources to verify proper installation

and function of Stage II equipment through use of a liquid blockage

test and a leak test prior to system operation and every five years or

upon major modification of a facility (i.e., 75 percent or more

equipment change). The State has also established an inspection program

consistent with that described in EPA's guidance and has established

procedures for enforcing violations of the Stage II requirements.

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

quality control rules and incorporate them into the Georgia SIP. On

November 13, 1992, the State of Georgia through the GA EPD submitted

the required November 15, 1992, regulations to EPA for approval and

incorporation into the Georgia SIP. EPA has evaluated the State's

submittal for consistency with the CAA, EPA regulations, and EPA

policy. EPA has determined that the rules addressed in this notice meet

all of the CAA requirements and is approving under section 110(k)(3),

the following regulations within Georgia's SIP Air Quality Control

Rules, Chapter 391-3-1, and Rules for Inspection and Maintenance,

Chapter 391-3-10. The regulations apply within the thirteen (13) county

Atlanta ozone nonattainment area.

Recodification

EPA is additionally approving several minor recodification

revisions in response to the recent amendments to the Georgia Air

Quality Act. The Georgia Air Quality Act contains the necessary

authority to adopt the Georgia SIP revisions pursuant to the

requirements of the CAA.

EPA has not reviewed the substance of all of these regulations at

this time. These rules were approved into the State implementation plan

in previous rulemakings. The EPA is now merely approving the

renumbering system submitted by the State. The EPA's approval of the

renumbering system, at this time, does not imply any position with

respect to the approvability of the substantive rules. To the extent

EPA has issued any SIP calls to the State with respect to the adequacy

of any of the rules subject to this recodification, EPA will continue

to require the State to correct any such rule deficiencies despite

EPA's approval of this recodification.

Final Action

EPA is approving these revisions because they meet the requirements

of EPA and the CAA. This action is being taken without prior proposal

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 revision should

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

April 2, 1996, unless, by March 4, 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

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 April 2, 1996.

Under section 307(b)(1) of the Act, 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 April 2, 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

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enforce its requirements. (See section 307(b)(2) of the Act, 42 U.S.C.

7607(b)(2).)

The OMB has exempted these actions from review under Executive

Order 12866.

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).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Incorporation by reference,

Lead, Ozone, Nitrogen oxides, Particulate matter, Reporting and

recordkeeping requirements, Sulfur oxides.

Dated: September 18, 1995.

Patrick M. Tobin,

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. 7401-7671q.

Subpart L--Georgia

2. Section 52.570 is amended by adding paragraph (c) (44) to read

as follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(44) Revisions to the Georgia State Implementation Plan; Chapter

391-3-1 and Chapter 391-3-10 of the Georgia Department of Natural

Resources Administrative Code which were submitted to EPA on November

13, 1992.

(i) Incorporation by reference.

(A) Georgia Department of Natural Resources Air Quality Rules

submitted by the Georgia Department of Natural Resources, Environmental

Protection Division for inclusion in the Georgia state implementation

plan which were adopted on October 28, 1992, are as follows:

391-3-1-.05, 391-3-1-.09, 391-3-1-.10, 391-3-1-.02(2)(zz), 391-3-1-

.02(6)(a)4., 391-3-1-.03(5), 391-3-1-.03(6)(h), 391-3-10.01(d)(e),

391-3-10-.04(d), 391-3-10-.07(2), 391-3-10-.10(b), 391-3-10-.12,

391-3-10-.24(11), 391-3-10-.30(1), 391-3-10-.30(2).

(ii) Other material. None.

* * * * *

[FR Doc. 96-1845 Filed 2-1-96; 8:45 am]

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