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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-34-3-9819a; FRL-6143-7]

Approval and Promulgation of Implementation Plans Georgia:

Approval of Revisions to the Georgia State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the Georgia State

Implementation Plan (SIP). This revision was to incorporate the Post

1996 Rate-of-progress Plan (9 percent plan) submitted by the State of

Georgia through the Georgia Environmental Protection Division (EPD) on

November 15, 1993, and amended on June 17, 1996. Supplemental

information was submitted on April 14, 1998. This submittal was made to

meet the reasonable further progress requirements of section 182(c)(2)

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

DATES: This direct final rule is effective October 26, 1998 unless

adverse or critical comments are received by September 24, 1998. If

adverse comment is received, EPA will publish a timely withdrawal in

the Federal Register informing the public that this rule will not take

effect.

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 Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia 30303-3104

Air Protection Branch, Georgia Environmental Protection Division,

Georgia Department of Natural Resources, 4244 International

[[Page 45173]]

Parkway, Suite 120, Atlanta, Georgia 30354

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning

Section, Air Planning Branch, Air, Pesticides & Toxics Management

Division, Region 4 Environmental Protection Agency, 61 Forsyth Street,

SW, Atlanta, Georgia 30303-3104. The telephone number is 404/562-9036.

SUPPLEMENTARY INFORMATION:

Background

The Atlanta area was classified as a serious nonattainment area

under the ozone National Ambient Air Quality Standards (NAAQS) on

November 15, 1990. The nonattainment area consists of the following

thirteen counties: Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas,

Fayette, Forsyth, Fulton, Gwinnet, Henry, Paulding, and Rockdale.

Section 182(c)(2) of the CAA requires each serious and above ozone

nonattainment area to submit a SIP revision by November 15, 1994, which

describes, in part, how the area will achieve an actual volatile

organic compound (VOC) emission reduction of at least 3 percent per

year averaged over each consecutive 3-year period beginning 6 years

after enactment (i.e., November 15, 1996) until the area's attainment

date. The attainment date for the Atlanta nonattainment area is

November 15, 1999.

Under EPA's Guidance on the Post-1996 Rate-of-Progress Plan and the

Attainment Demonstration (revised February 18, 1995), if Georgia's

overall attainment strategy, as defined in the Attainment Demonstration

(Urban Airshed Model (UAM) Results) section of this SIP, identifies

needed nitrogen oxide (NOX) controls as well as VOC

controls, the 9% Plan can include NOX reductions to

substitute for the required VOC reductions. If the entire 9 percent

reduction is to be obtained solely from NOX reductions, then

no VOC reductions are required.

In order to complete the 9 percent plan in accordance with the

aforementioned guidance, the Georgia Environmental Protection Division

(EPD) inventoried the 1990 NOX emissions in the non-

attainment area as well as the entire UAM domain for attainment

modeling purposes, and adjusted the inventory by removing

NOX emission reductions which will be achieved from Federal

regulations on motor vehicles in effect prior to the 1990 amendments to

the Clean Air Act. The EPD also calculated the 9 percent NOX

reductions required for the plan, estimated growth of NOX

from 1990 to 1999, and then calculated reductions achieved by various

NOX control rules adopted and scheduled for implementation

prior to the end of 1996. EPD found these reductions sufficient to

reduce overall NOX emissions by 9% and also to offset all of

the projected 1990-to-1999 NOX growth. The NOX

target level for 1999 is based on the 1990 Rate-of-Progress (ROP)

inventory.

The 1990 Final Base Year Inventory is the starting point for

calculating the reductions necessary to meet the requirements of the

1990 CAA. The 1990 Final Base Year Inventory includes all area, point,

and mobile sources in the UAM domain. From the Final Base Year

Inventory, emissions outside the nonattainment area are subtracted to

establish the ROP Base Year Inventory. The 1990 Base Year Inventory and

the 1990 ROP Inventory have not changed since submittal in November

1994. The ROP inventory is the base inventory from which the 9 percent

reduction on existing sources and the reduction from growth by 1999

must be calculated to meet the requirements of the CAA.

1990 Rate-of-Progress Inventory

The ROP inventory is comprised of the anthropogenic stationary

(point and area) and mobile sources in the nonattainment area. The 1990

Base Year Ozone Inventory for the Atlanta nonattainment area, submitted

November 1993, is available at the Regional address above. Since no VOC

emission reductions are required, the inventory information in this

notice will not include VOC emissions.

The 1990 ROP NOX emissions inventory for the Atlanta

nonattainment is 538.73 tons/day.

1990 Rate-of-Progress Base Year Inventory

------------------------------------------------------------------------

NOX tons/

day

------------------------------------------------------------------------

Point........................................................ 121.34

Area......................................................... 25.74

Mobile....................................................... 304.04

Nonroad...................................................... 87.61

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Total.................................................. 538.73

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Adjusted Base Year Inventory

The development of the Adjusted Base Year Inventory requires that

emission reductions that would occur by 1999 as a result of Federal

programs already mandated prior to the 1990 Clean Air Act Amendments be

excluded from the inventory.

The adjustments exclude emissions reductions that would occur by

1999 as a result of the Federal Motor Vehicle Control Program (FMVCP)

promulgated prior to the CAA amendments. As a result of these

adjustments, states are not able to take credit for emissions

reductions that would have occurred from fleet turnover of current

standard cars and trucks, or from previously existing federal fuel

regulations.

The 1990 Adjusted Base Year Inventory was prepared using

adjustments in the mobile source inventory and calculated with MOBILE5a

and Vehicle Miles Traveled (VMT). The 1990 Adjusted Base Year Inventory

NOX emissions are approximately 483.12 tons/day.

1990 Adjusted Base Year Inventory

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NOX tons/

day

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Point........................................................ 121.34

Area......................................................... 25.74

Mobile....................................................... 248.43

Nonroad...................................................... 87.61

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Total.................................................. 483.12

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Creditable 9 Percent Reduction

The adjusted base year inventory is multiplied by 0.09 to calculate

the creditable 9 percent reduction needed in tons/day.

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Tons/day

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Adjusted Base Year Inventory................................. 483.12

X factor..................................................... 0.09

Creditable reduction needed.................................. 43.48

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Post-1996 Target Level of Emissions

To calculate the post-1996 target emissions level, the reductions

required to meet the 9 percent reduction requirement and the

noncreditable emission reductions discussed above are subtracted from

the 1990 ROP inventory.

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Tons/day

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1990 NOX ROP Inventory Level................................. 538.73

Required 9 percent NOX Reduction............................. 43.48

FMVCP/RVP Reductions 1990/1999............................... 55.61

Target Level for 1999........................................ 439.64

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1999 Estimated Emissions

The estimated emissions for 1999 were derived using several

factors. Area source emissions were estimated by using projection data

provided by the Georgia Office of Planning and Budget. Mobile emissions

were estimated using MOBILE5a and VMT for 1990 supplied by the Georgia

Department of

[[Page 45174]]

Transportation to which growth factors supplied by the Atlanta Regional

Commission to project 1999 values. Nonroad mobile source emissions were

grown, per EPA guidance, at a rate of one percent per year from the

1990 Base Year nonroad mobile inventory. Point source emissions were

grown from the 1990 Base Year Emissions Inventory using Bureau of

Economic Analysis growth factors.

Further details are available at the Regional address listed above.

1999 Estimated Emissions

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NOX tons/

day

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Point........................................................ 127.36

Area......................................................... 29.78

Mobile....................................................... 215.94

Nonroad...................................................... 97.19

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Total.................................................. 470.27

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Control Strategies

Reductions Needed by 1999 to Achieve 9 Percent Reductions

The reductions needed to achieve 9 percent net-of-growth are

determined by subtracting the target level emissions from the 1999

estimated emissions, as shown below:

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Tons/day

------------------------------------------------------------------------

1999 Estimated Emissions..................................... 470.27

Target Level Emissions....................................... 439.64

9 percent Net-of-Growth...................................... 30.63

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In order to meet the 9 percent net-of-growth reduction required by

1999, Georgia must reduce NOX emissions by 30.63 tons/day.

The following is a summary of the reductions Georgia will obtain to

meet this requirement.

Summary of Expected Reductions

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Expected

reductions

Source type (NOX tons/

day)

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Point....................................................... 41.20

Area........................................................ 2.86

Mobile...................................................... 1.17

Nonroad..................................................... 4.87

Reductions Demonstrated..................................... 50.10

9% Net of Growth............................................ 30.63

Excess Reductions........................................... 19.47

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The projected 1999 emissions have been calculated by applying the

control measures discussed below to the 1999 Estimated Emissions. The

1999 Projected Emissions are shown as follows:

1999 Projected Emissions

------------------------------------------------------------------------

------------------------------------------------------------------------

Point........................................................ 86.16

Area......................................................... 26.92

Mobile....................................................... 214.77

Nonroad...................................................... 92.32

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Total.................................................. 420.17

------------------------------------------------------------------------

The 1999 Projected Emissions of 420.17 tons/day of NOX

are less than the 1999 Target Level Emissions of 439.64 tons/day of

NOX.

Control Measures

The following NOX emission reductions which have

occurred since 1990 are creditable towards the 9 percent plan and will

provide reasonable further progress towards attainment.

Point Source Control Measures

Reasonably available control technology (RACT) is required for all

major (50 tons/year and more) NOX sources in the 13 county

nonattainment area. RACT for major NOX sources was not

implemented until May 1995, so these reductions are creditable towards

the 9 percent plan.

Initial calculations indicate that these NOX RACT

reductions from three Georgia Power facilities result in 41 tons/day of

NOX reductions. Calculations documenting this figure were

supplied by the Southern Company on March 27, 1995, and are available

at the Regional address listed above. The 41 tons/day of NOX

reductions exceed the total of 30.63 tons/day of the NOX

reductions needed to meet the post 1999 ROP requirements. Calculations

documenting these reductions are available at the Regional address

listed above.

NOX RACT Permits Related to 9 Percent ROP

On March 19, 1998, the EPD submitted revisions to NOX

RACT permits for Georgia Power plants McDonough and Yates which are

located in the Atlanta nonattainment area. The purpose of these

revisions is to establish NOX emission limits based on a 30

day rolling average during the ozone season. Monitoring, record

keeping, and reporting requirements are also established.

The following permit revisions are being approved by EPA and

contain the information referenced in the previous paragraph:

Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22

Permit 4911-038-4838-0 Plant Yates conditions 19 through 32

Permit 4911-038-4839-0 Plant Yates conditions 16 through 29

Permit 4911-038-4840-0 Plant Yates conditions 16 through 29

Permit 4911-038-4841-0 Plant Yates conditions 16 through 29

On November 15, 1994, the EPD submitted revisions to NOX

RACT permits for Georgia Power plant Atkinson and Plant McDonough. The

purpose of these revisions is to establish NOX RACT for the

sources. Monitoring, record keeping, and reporting requirements are

also established.

The following permit revisions are being approved by EPA and

contain the information referenced in the previous paragraph:

Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-6949 Plant Atkinson conditions 5 through 10

Permit 4911-033-1320 Plant Atkinson conditions 8 through 13

Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-6951 Plant McDonough conditions 5 through 10

Other NOX RACT Permits

Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 and 21

Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 and 28

Permit 2631-033-11436 Austell Box Board Corp. conditions 1 through 5

Permit 8922-044-10094 Emory University conditions 19 through 26

Permit 3711-044-11453 General Motors Corporation conditions 1 through 6

and Attachment A

Permit 2077-058-11226 Georgia Proteins Company conditions 16 through 23

and Attachment A

Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. conditions

26 through 28 and Attachment A

Permit 3296-060-10079 Owens-Corning Fiberglass Corporation conditions

25 through 29

Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 through 30

Permit 4922-075-10217 Transcontinental Gas Pipe Line Corporation

conditions 21 through 24

Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 through 11

Permit 3241-060-8670 Blue Circle Incorporated conditions 48 through 54

Area Source Control Measures

Both VOC and NOX reductions will occur from a ban on

open burning and slash/prescribed burning requirements in Georgia Rule

391-3-1-.02(5).

[[Page 45175]]

The VOC reductions are presently being relied upon for the 15

percent plan reductions. The NOX reductions, 1.95 tons/day

from open burning and 0.91 tons/day from slash/prescribed burning, are

creditable towards the 9 percent plan requirements.

Mobile Source Control Measures

Federal Rules

Additional Federal rules will result in the following reductions:

EPA Detergent Additives Rule (Highway): 2.83 tons/day

Nonroad Mobile Source Control Measures

Federal Rules

Additional Federal rules will result in the following reductions:

EPA Detergent Additives Rule (Nonroad): 0.09 tons/day

EPA Small Nonroad Gasoline Engine Rule:-0.29 tons/day

EPA Small Nonroad Diesel Engine Rule: 5.07 tons/day

Final Action

The EPA approves the revisions to the Georgia SIP to implement the

9 percent plan because they are consistent with Clean Air Act and

Agency requirements.

The EPA is publishing this action 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 October 26, 1998 unless, by September 24, 1998, adverse or

critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a timely withdrawal of the

direct final rule. All public comments received will be addressed in a

subsequent final rule based on this action serving as a 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 October 26, 1998.

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.

Administrative Requirements

A. Executive Order 12866

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

regulatory action from review under Executive Order 12866, entitled

Regulatory Planning and Review.

B. Regulatory Flexibility Act

The final rule is not subject to Executive Order 13045, entitled

Protection of Children from Environmental Health Risks and Safety

Risks, because it is not an ``economically significant'' action under

Executive Order 12866.

C. Unfunded Mandates

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

D. Submission to Congress and the General Accounting Office

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 proposed 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.

E. Petitions for Judicial Review

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).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements.

Dated: August 3, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

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. et seq.

Subpart L--Georgia

2. Section 52.570, is amended by adding paragraph (c) (49) to read

as follows:

[[Page 45176]]

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(49) Addition of NOX RACT permits to specify RACT for

specific sources, submitted on November 15, 1994, and March 19, 1998.

(i) Incorporation by reference.

(A) The following source specific NOX RACT permits of

the Georgia Department of Natural Resources, Chapter 391-3-1, Air

Quality Control, effective on December 27, 1995.

NOX RACT Permits:

Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22

Permit 4911-038-4838-0 Plant Yates conditions 19 through 32

Permit 4911-038-4839-0 Plant Yates conditions 16 through 29

Permit 4911-038-4840-0 Plant Yates conditions 16 through 29

Permit 4911-038-4841-0 Plant Yates conditions 16 through 29

(B) The following source specific NOX RACT permits of

the Georgia Department of Natural Resources, Chapter 391-3-1, Air

Quality Control, effective on November 15, 1994.

NOx RACT Permits:

Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-6949 Plant Atkinson conditions 5 through 10

Permit 4911-033-1320-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13

Permit 4911-033-6951 Plant McDonough conditions 5 through 10

Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 and 21

Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 and 28

Permit 2631-033-11436 Austell Box Board Corp. conditions 1 through 5

Permit 8922-044-10094 Emory University conditions 19 through 26

Permit 3711-044-11453 General Motors Corporation conditions 1 thorough

6 and Attachment A

Permit 2077-058-11226 Georgia Proteins Company conditions 16 through 23

and Attachment A

Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. conditions

26 through 28 and Attachment A

Permit 3296-060-10079 Owens-Corning Fiberglass Corporation conditions

25 through 29

Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 through 30

Permit 4922-075-10217 Transcontinental Gas Pipe Line Corporation

conditions 21 through 24

Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 through 11

Permit 3241-060-8670 Blue Circle Incorporated conditions 48 through 54

(ii) Other material None.

* * * * *

[FR Doc. 98-22650 Filed 8-24-98; 8:45 am]

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