Approval and Promulgation of State Plans For Designated Facilities and Pollutants: Georgia

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[GA-37-9811a; FRL-6003-8]

Approval and Promulgation of State Plans For Designated

Facilities and Pollutants: Georgia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the Sections 111(d) and 129 State Plan

submitted by the Georgia Department of Natural Resources (DNR) for the

State of Georgia on November 13, 1997, for implementing and enforcing

the Emissions Guidelines (EG) applicable to existing Municipal Waste

Combustors (MWCs) with capacity to combust more than 250 tons per day

of municipal solid waste (MSW).

DATES: This direct final rule is effective July 20, 1998 unless adverse

or critical comments are received by June 18, 1998. If the direct final

rule is withdrawn, timely notice will be published in the Federal

Register.

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

M. Martin at the Environmental Protection Agency, Region 4 Air Planning

Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of

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.

Reference file GA 37-9811a. The Region 4 office may have additional

background documents not available at the other locations.

Environmental Protection Agency, Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303-3104.

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 Davis at (404) 562-9127 or Scott

Martin at (404) 562-9036.

SUPPLEMENTARY INFORMATION:

I. Background

On December 19, 1995, pursuant to sections 111 and 129 of the Clean

Air Act (Act), EPA promulgated new source performance standards (NSPS)

applicable to new MWCs and EG applicable to existing MWCs. The NSPS and

EG are codified at 40 CFR Part 60, Subparts Eb and Cb, respectively.

See 60 FR 65387. Subparts Cb and Eb regulate the following: particulate

matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen,

carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.

On April 8, 1997, the United States Court of Appeals for the

District of Columbia Circuit vacated Subparts Cb and Eb as they apply

to MWC units with capacity to combust less than or equal to 250 tons

per day of MSW (small MWCs), consistent with their opinion in Davis

County Solid Waste Management and Recovery District v. EPA, 101 F.3d

1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a

result, subparts Cb and Eb apply only to MWC units with individual

capacity to combust more than 250 tons per day of MSW (large MWC

units).

Under section 129 of the Act, EG are not Federally enforceable.

Section 129(b)(2) of the Act requires states to submit to EPA for

approval State Plans that implement and enforce the EG. State Plans

must be at least as protective as the EG, and become Federally

enforceable upon approval by EPA. The procedures for adoption and

submittal of State Plans are codified in 40 CFR Part 60, Subpart B. EPA

originally promulgated the Subpart B provisions on November 17, 1975.

EPA amended Subpart B on December 19, 1995, to allow the subparts

developed under section 129 to include specifications that supersede

the general provisions in Subpart B regarding the schedule for

submittal of State Plans, the stringency of the emission limitations,

and the compliance schedules. See 60 FR 65414.

This action approves the State Plan submitted by the Georgia DNR

for the State of Georgia to implement and enforce Subpart Cb, as it

applies to large MWC units only.

II. Discussion

The Georgia DNR submitted to EPA on November 13, 1997, the

following in their 111(d) and 129 State Plan for implementing and

enforcing the EG for existing MWCs under its direct jurisdiction in the

State of Georgia: Legal Authority; Inventory of MWC Plants/Units; MWC

Emissions Inventory; Emission Limits and Standards; Compliance

Schedule; Procedures for Testing and Monitoring Sources of Air

Pollutants, Demonstration That the Public Had Adequate Notice and

Opportunity to Submit Written Comments and Public Hearing Summary;

Submittal of Progress Reports to EPA; Federally Enforceable State

Operating Permit (FESOP) for the Savannah Energy Systems Company MWC

facility; Pollution Control Project review for the Savannah Energy

Systems Company MWC facility; and applicable State of Georgia statutes

and rules of the Georgia DNR. The Georgia DNR submitted its Plan after

the Court of Appeals vacated Subpart Cb as it applies to small MWC

units. Thus, the Georgia State Plan covers only large MWC units. As a

result of the Davis decision and subsequent vacatur order,

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there are no EG promulgated under sections 111 and 129 that apply to

small MWC units. Accordingly, EPA's review and approval of the Georgia

State Plan for MWCs addresses only those parts of the Georgia State

Plan which affect large MWC units. Small units are not subject to the

requirements of the Federal Rule and not part of this approval. Until

EPA again promulgates EG for small MWC units, EPA has no authority

under section 129(b)(2) of the Act to review and approve State Plans

applying state rules to small MWC units.

The approval of the Georgia State Plan is based on finding that:

(1) the Georgia DNR provided adequate public notice of public hearings

for the proposed plan and the FESOP which allow the Georgia DNR to

implement and enforce the EG for large MWCs, and (2) the Georgia DNR

also demonstrated legal authority to adopt emission standards and

compliance schedules applicable to the designated facility; enforce

applicable laws, regulations, standards and compliance schedules; seek

injunctive relief; obtain information necessary to determine

compliance; require recordkeeping; conduct inspections and tests;

require the use of monitors; require emission reports of owners and

operators; and make emission data publicly available.

In Attachment A of the Plan, the Georgia DNR cites the following

references for the legal authority: State of Georgia Attorney General's

Opinion Regarding State Authority to Operate the Title V Operating

Permit Program; The Georgia Air Quality Act, Sections 12-9-1 through

12-9-25; The Rules of the Georgia Department of Natural Resources for

Air Quality Control, Chapter 391-3-1; the Georgia Natural Resources

Act; the Georgia Administrative Procedures Act; and the Official Code

of Georgia Annotated. These statutes and regulations are contained in

Attachments H, I, J, and K. On the basis of the Attorney General's

Opinion, the statutes, and rules of the State of Georgia, the State

Plan and FESOP are approved as being at least as protective as the

Federal requirements for existing large MWC units.

The Georgia DNR cites all emission standards and limitations for

the major pollutant categories as conditions in the FESOP for Savannah

Energy Systems, the only designated facility in the State of Georgia

subject to these standards and limitations. These standards and

limitations in the FESOP have been approved as being at least as

protective as the Federal requirements contained in Subpart Cb for

existing large MWC units.

The Georgia DNR submitted the compliance schedule for Savannah

Energy Systems, the only large MWC under its direct jurisdiction in the

State of Georgia. The FESOP contains conditions consistent with 40 CFR

Part 60, subparts B and Cb, specifications for compliance schedules.

This portion of the Plan and FESOP has been reviewed and approved as

being at least as protective as Federal requirements for existing large

MWC units.

In Attachment B, the Georgia DNR submitted an emissions inventory

of all designated pollutants for Savannah Energy Systems, the only

large MWC under their direct jurisdiction in the State of Georgia. This

portion of the Plan has been reviewed and approved as meeting the

Federal requirements for existing large MWC units.

The Georgia DNR includes its legal authority to require owners and

operators of designated facilities to maintain records and report to

its agency the nature and amount of emissions and any other information

that may be necessary to enable its agency to judge the compliance

status of the facilities in Attachment C of the State Plan and as

conditions in the FESOP for Savannah Energy Systems. The Georgia DNR

also cites its legal authority to provide for periodic inspection and

testing and provisions for making reports of MWC emissions data,

correlated with emission standards that apply, available to the general

public. In Attachment D of the State Plan, the Georgia DNR submitted

its Procedures for Testing and Monitoring Sources of Air Pollutants,

Section 2.2b for Municipal Waste Combustors, to support the

requirements of monitoring, recordkeeping, reporting, and compliance

assurance. These State of Georgia rules are contained in Attachments D,

H, I, J, and K of the Plan. This portion of the Plan and FESOP have

been reviewed and approved as being at least as protective as the

Federal requirements for existing large MWC units.

As stated on page A-3 of the Plan, the Georgia DNR will provide

progress reports of Plan implementation updates to the EPA on an annual

basis. These progress reports will include the required items pursuant

to 40 CFR 60, subpart B. This portion of the Plan has been reviewed and

approved as meeting the Federal requirement for State Plan reporting.

Final Action

EPA is approving the above referenced State Plan. EPA is publishing

this rule without prior proposal because the Agency views this as a

noncontroversial amendment and anticipates no adverse comments.

However, in the proposed rules section of this Federal Register

publication, EPA is publishing a separate document that will serve as

the proposal to approve the SIP revision should relevant adverse

comments be filed. This rule will be effective July 20, 1998 without

further notice unless the Agency receives relevant adverse comments by

June 18, 1998.

If the EPA receives such comments, then EPA will publish a timely

document withdrawing the final rule and informing the public that the

rule did not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

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

Only parties interested in commenting on the proposed rule should do so

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

that this rule will be effective on July 20, 1998 and no further action

will be taken on the proposed rule.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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.

State Plan approvals under section 111(d) and section 129(b)(2) of

the Clean Air Act 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

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any new requirements, the Regional Administrator certifies that it does

not have a significant impact on any small entities affected.

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under Section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the Comptroller General of the United States prior

to publication of the rule in the Federal Register. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by July 20, 1998. Filing a

petition for reconsideration by the Administrator of this final rule

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

List of Subjects in 40 CFR Part 62

Administrative practice and procedure, Air pollution control,

Environmental protection, Intergovernmental relations, Municipal waste

combustors, Reporting and recordkeeping requirements.

Dated: March 16, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

40 CFR Part 62 is amended as follows:

PART 62--[AMENDED]

1. The authority citation for Part 62 continues to read as follows:

Authority: 42 U.S.C. 7401-7642

Subpart L--Georgia

2. Part 62.2600 is amended by adding paragraphs (b)(4) and (c)(3)

to read as follows:

Sec. 62.2600 Identification of plan.

* * * * *

(b) * * *

(4) State of Georgia Plan for Implementation of 40 CFR Part 60,

Subpart Cb, For Existing Municipal Waste Combustors, submitted on

November 13, 1997, by the Georgia Department of Natural Resources.

(c) * * *

(3) Existing municipal waste combustors.

3. Subpart L is amended by adding a new Sec. 62.2606 and a new

undesignated center heading to read as follows:

METALS, ACID GASES, ORGANIC COMPOUNDS AND NITROGEN OXIDE EMISSIONS FROM

EXISTING MUNICIPAL WASTE COMBUSTORS WITH THE CAPACITY TO COMBUST

GREATER THAN 250 TONS PER DAY OF MUNICIPAL SOLID WASTE

Sec. 62.2606 Identification of sources.

The plan applies to existing facilities with a municipal waste

combustor (MWC) unit capacity greater than 250 tons per day of

municipal solid waste (MSW) at the following MWC sites:

(1) Savannah Energy Systems Company, Savannah, Georgia.

(2) [Reserved].

[FR Doc. 98-13117 Filed 5-18-98; 8:45 am]

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