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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-28-1-6955a; GA-30-1-7009a; FRL-5318-3]

Approval and Promulgation of Implementation Plans; State:

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) submitted by the Georgia Department of

Natural Resources, Environmental Protection Division (GA EPD) on June

24 and November 15, 1994, for the purpose of realphabetizing and

updating definitions, updating volatile organic compounds (VOCs)

reasonably available control technology (RACT) rules, stationary source

monitoring and testing procedures, and regulations for the prevention

of significant deterioration of air quality (PSD). The SIP revisions

are consistent with requirements of the Clean Air Act as amended in

1990 (CAA).

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 Laura

Thielking 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

[[Page 3818]]

Resources, 4244 International Parkway, Suite 120, Atlanta, Georgia

30354.

FOR FURTHER INFORMATION CONTACT: Laura Thielking, 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, X4210. Reference files GA-28-1-6955 and GA-30-1-7009.

SUPPLEMENTARY INFORMATION: On June 24, 1994, the State of Georgia

through the Georgia Environmental Protection Division submitted SIP

revisions to EPA Region 4, and additional revisions were submitted on

November 15, 1994. These submittals contain changes pursuant to

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

nonattainment areas; part A, section 114, pertaining to source

monitoring; and part C, regarding PSD.

Specifically, Georgia submitted, and EPA is approving, the

following revisions.

391-3-1-.01 Definitions

Revised definition of Potential to Emit, (www); Opacity, (ss); Part

70 Permit, (ww); Reid Vapor Pressure, (iii); Synthetic Minor Permit,

(cccc); and Total Reduced Sulfur (TRS), (eeee). Re-alphabetized all of

the definitions to be consistent with EPA definitions, to correct

errors, and to simplify finding definitions.

391-3-1-.02(2) Emission Standards

Subsection (2)(t), VOC Emissions from Automobile and Light-Duty

Truck Manufacturing, has been revised and subsections (2)(ccc), VOC

Emissions from Bulk Mixing Tanks, and (2)(eee), VOC Emissions from

Expanded Polystyrene Products Manufacturing, have been added to include

new VOC emission limitations to specify RACT for certain industrial

categories. The reference given for the procedure for determining leaks

in subsection (2)(hh), Petroleum Refinery Equipment Leaks, is revised

to cite the present form of the test method. This will bring the

reference up to date. These revisions are consistent with the CAA.

391-3-1-.02(3) Sampling and 391-3-1-.02(6) Source Monitoring

Subparagraphs (3)(a), (6)(a), and (6)(b) were revised to reference

the methods specified in the Georgia Department of Natural Resources

Manual of Procedures for Testing and Monitoring Sources of Air

Pollutants, dated September 1, 1994. The revised manual has been

reviewed and meets EPA requirements.

391-3-1-.02(7) Prevention of Significant Deterioration of Air Quality

(PSD)

Paragraph (7) is amended to incorporate by reference the PSD rules

in 40 CFR Part 52.21 as amended. This revision incorporates the changes

to the rules published on June 3, 1993 [58 FR 31637] and July 20, 1993

[58 FR 38883]. The action effective on June 3, 1993, revised the

maximum allowable increases (increments) for particulate matter (PM)

under the requirements for PSD. The July 20, 1993, revision updated the

'Guideline on Air Quality Models (Revised)' (1986), as modified by

Supplement A (1987) by adding new models, improving existing models and

incorporating Supplement B (1993). This action also set the Guideline,

revised by Supplements A and B, as appendix W to 40 CFR part 51.

Final Action

EPA is approving the plan revisions submitted by the State of

Georgia on June 24 and November 15, 1994, listed in the SUPPLEMENTARY

INFORMATION section of this notice.

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 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 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 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 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. section 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

[[Page 3819]]

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 section 114, part C,

and 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, Nitrogen

dioxide, Ozone, Particulate matter, Reporting and recordkeeping

requirements, Sulfur oxides.

Dated: September 29, 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. 7401-7671(q).

Subpart L--Georgia

2. Section 52.570, is amended by adding paragraph (c) (47) to read

as follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(47) Chapter 391-3-1-.01, .02(2), and .02(7), of the Georgia

Department of Natural Resources Rules for Air Quality Control,

submitted on June 24, 1994, and November 15, 1994. Change to Chapters

391-3-1-.02(3) and 391-3-1-.02(6) to reference a new version of the

Georgia Department of Natural Resources Manual of Procedures for

Testing and Monitoring Sources of Air Pollutants, submitted on November

15, 1994.

(i) Incorporation by reference.

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

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

effective on June 13, 1994:

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

391-3-1-.02(7);

(B) The following revised Rules of the Georgia Department of

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

effective on November 20, 1994:

391-3-1-.01;

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

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

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

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

391-3-1-.02(6)(a)2.(v)(I);

391-3-1-.02(6)(a)2.(vii)(I);

391-3-1-.02(6)(a)2.(vii)(II)I.;

391-3-1-.02(6)(b)1.(vi)

(ii) Other material. None.

* * * * *

[FR Doc. 96-1928 Filed 2-1-96; 8:45 am]

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