Approval and Promulgation of Revisions to the Georgia State Implementation Plan

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-40-9929a; FRL-6473-1]

Approval and Promulgation 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 the State Implementation Plan (SIP)

revisions submitted by the State of Georgia on July 10, 1998. These

revisions adopt two new rules for reducing nitrogen oxides emissions in

the Atlanta ozone nonattainment area: a rule requiring specific

gasoline formulation in 25 counties and a rule establishing unit-

specific emission limits at certain Georgia Power generating units. The

revisions also incorporate federal requirements related to permitting

and wood furniture finishing and cleaning operations and make technical

corrections to certain air quality rules. In addition, the revisions

clarify requirements of Georgia's Clean Fueled Fleets Program. EPA will

act on the rule requiring specific gasoline formulation in 25 counties

and revisions submitted for regulating air emissions and operating

practices of existing hospital/medical/infectious waste incinerators

that commenced construction, reconstruction or modification on or

before June 20, 1996 in a separate Federal Register notice at a later

date.

DATES: This direct final rule is effective January 31, 2000 without

further notice, unless EPA receives adverse comments by January 3,

2000. If adverse comments are received, EPA will publish a timely

withdrawal of the direct final rule in the Federal Register and inform

the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to: Michele Notarianni, Air

Planning Branch, Air, Pesticides, and Toxics Management Division, EPA

Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303.

Copies of the documents relative to this action are available for

inspection at the following locations during normal business hours.

Interested persons wanting to examine these documents should make an

appointment with the appropriate office at least 24 hours before the

visiting day.

EPA Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta,

Georgia 30303. (To make an appointment, please contact Michele

Notarianni at 404-562-9031.)

Air Protection Branch, Georgia Environmental Protection Division,

Georgia Department of Natural Resources, 4244 International Parkway,

Suite 120, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Planning

Branch, Air, Pesticides, and Toxics Management Division, EPA Region 4,

61 Forsyth Street, SW, Atlanta, Georgia 30303. The telephone number is

404-562-9031.

SUPPLEMENTARY INFORMATION:

I. Background

On July 10, 1998, the Georgia Environmental Protection Division

(EPD) submitted a revision to Georgia's State Implementation Plan (SIP)

incorporating revisions to the Rules for Air Quality Control, Chapter

391-3-1;

[[Page 67492]]

the Rules for Clean Fueled Fleets (CFF), Chapter 391-3-22; and the

narrative for the revision to the CFF Program. Two public hearings on

these revisions were held on March 20, 1998 and May 20, 1998. These

revisions adopt two new rules for reducing nitrogen oxides emissions in

the Atlanta ozone nonattainment area: a rule requiring specific

gasoline formulation in 25 counties and a rule establishing unit-

specific emission limits at certain Georgia Power generating units. The

revisions also incorporate federal requirements related to permitting

and wood furniture finishing and cleaning operations and make technical

corrections to certain air quality rules. In addition, the revisions

clarify requirements of Georgia's CFF Program. EPA will act on the rule

requiring specific gasoline formulation in 25 counties and revisions

submitted for regulating air emissions and operating practices of

existing hospital/medical/infectious waste incinerators that commenced

construction, reconstruction or modification on or before June 20, 1996

in a separate Federal Register document at a later date.

II. Revisions Approved by EPA

EPA is approving all revisions to the Georgia SIP included in the

July 10, 1998, submittal. Below is a summary of the approved revisions.

Air Quality Control, Rule 391-3-1

Rule 391-3-1-.01(nnnn): A new subparagraph, (nnnn), is

added to adopt the current, January 2, 1998, version of the Georgia

Department of Natural Resources Procedures for Testing and Monitoring

Sources of Air Pollutants manual.

Adopting the January 2, 1998, manual adds test methods and

monitoring procedures for waste sample analysis, methanol emissions

from stationary sources, electric utility steam generating units, and

medical waste incinerators.

Rule 391-3-1-.02(2)(c)(6): The revisions provide

exemptions for specific categories of incinerators subject to other,

more specific regulations.

Rule 391-3-1-.02(2)(fff): A new subparagraph, (fff), is

added to regulate particulate matter emissions from yarn spinning

operations.

Rule 391-3-1-.02(2)(hhh): A new subparagraph, (hhh), is

added to adopt federal requirements limiting volatile organic compound

(VOC) emissions from wood furniture finishing and cleaning operations

with potential emissions of VOCs exceeding 25 tons per year which are

located in the 13-county Atlanta ozone nonattainment area. This area is

comprised of the following counties: Cherokee, Clayton, Cobb, Coweta,

DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding,

and Rockdale.

Rule 391-3-1-.02(2)(jjj): A new subparagraph, (jjj), is

added to limit nitrogen oxides (NOX) emissions from coal-

fired electric utility steam-generating units with a maximum heat input

greater than 250 million British thermal units per hour (mmbtu/hr)

located in the 13-county Atlanta ozone nonattainment area. The

compliance period is based on a 30-day rolling average beginning May 1

and ending September 30 of each year. Effective May 1, 1999,

NOX emissions from regulated units cannot exceed the

alternative emission limits established by the EPD for each unit in its

Title V permit. If a facility does not comply with all alternative

emission limits for its regulated units, the facility must demonstrate

that the NOX emissions averaged over all regulated units do

not exceed 0.34 pounds of NOX per mmbtu heat input.

Effective May 1, 2000, if a facility does not comply with all,

established alternative emission limits for its regulated units, the

facility must demonstrate that the NOX emissions averaged

over all regulated units do not exceed 0.30 pounds of NOX

per mmbtu heat input. By December 31, 1999, owners/operators of

regulated units must submit actual operating performance data, with

natural gas technologies in place and optimized, for all regulated

units. EPD may revise this rule based on its review of submitted

performance data to determine if the NOX emission limits

effective May 1, 2000 are technically achievable.

Rule 391-3-1-.02(3) and (6): The revisions delete

references to the August 15, 1997 version of the testing procedures

manual in subparagraphs (3)(a), (6)(a)2.(v)(I), (6)(a)(vii)2.(II)I, and

(6)(b)1.(vi).

Rule 391-3-1-.02(7)(b): The revisions insert the word

``Deterioration'' into the heading as follows: ``Prevention of

Significant Deterioration Standards.''

Rule 391-3-1-.02(11): A new paragraph, (11), entitled

``Compliance Assurance Monitoring'' is added to incorporate and adopt

40 CFR part 64 and to require any stationary source subject to any

requirement under 40 CFR part 64 to comply with these provisions.

Rule 391-3-1-.03(6): The revisions modify the list of

source types exempt from securing permits to construct and operate new

sources by adding municipal solid waste landfills which meet the

following three criteria: (a) total design capacity less than or equal

to 2.756 million tons or 3.27 million cubic yards of solid waste; (b)

the emissions of VOCs are less than 25 tons per year for landfills

located in the 13-county Atlanta ozone nonattainment area; and (c)

emissions of NOX from operations other than the final

control device are less than 50 tons per year for landfills located

within the 13-county Atlanta ozone nonattainment area.

Rule 391-3-1-.03(8): The revisions add a new subparagraph,

(f), to clarify that all requirements for obtaining a permit, as

specified in 391-3-1-.02(9)(b)16, must be met to secure a permit to

construct a new stationary source or modify an existing stationary

source.

Clean Fueled Fleets, Rule 391-3-22

Rule 391-3-22-.01: The revisions to Chapter 391-3-22,

Georgia's CFF Rule, add five definitions, correct, modify, and clarify

existing definitions, and re-number the list of definitions.

Rule 391-3-22-.02: The revisions clarify that the

requirements of the CFF Program in Chapter 391-3-22 are applicable to

motor vehicles operated in the covered area, which is the 13-county

Atlanta ozone nonattainment area.

Rule 391-3-22-.03: The revisions clarify that the

requirements of Chapter 391-3-22 do not apply to regulated fleets that

are simply garaged in the covered area. The revisions also extend the

rule's applicability to covered fleet operators which lease covered

fleet vehicles.

Rule 391-3-22-.04: The revisions to paragraph (1) correct

the upper limit of the gross vehicle weight rating of covered heavy

duty vehicles from 26,000 to 26,001 pounds. Vehicles not operated in

the covered area are added to the list of exempted vehicles in

paragraph (3).

Rule 391-3-22-.05(1): Subsections (b)1., (b)6., and (c)

are revised to clarify the procedure for determining whether a vehicle

is capable of being centrally fueled, correct a reference to ratio

calculations for this determination, and correct the model year to 1999

to reflect a one-year delay in rule implementation.

Rule 391-3-22-.06: The revisions clarify that purchase

requirements for CFFs can be met through purchasing clean fueled

vehicles, converting existing vehicles to clean fueled vehicles, and/or

using purchase credits. For flex-fuel and dual fuel vehicles, a

provision is added to allow vehicle operation on a fuel not meeting the

clean fuel definition for manufacturer recommended maintenance.

[[Page 67493]]

Rule 391-3-22-.07: Minor word changes are made to

paragraphs (1) and (2) for clarity. In Table B, the non-methane

hydrocarbon plus NOX emission standard for heavy duty trucks

which meets the low emission vehicle emission standards is amended from

3.15 to 3.8 grams/brake horsepower-hour to conform to the current,

federal CFF standard.

Rule 391-3-22-.08(1): Under subparagraph (a), subsections

1, 7, and 13, are revised to, respectively, provide purchase credits

for both covered and non-covered fleet operators, clarify operational

requirements for flex-fuel and dual fuel vehicles during maintenance,

and specify that the selling or trading of vehicles used to meet

purchase requirements or generate purchase credits is not allowed in

the model year in which the vehicle was originally purchased.

Subparagraphs (b)1., (c), and (d) are revised to, respectively: clarify

the conditions for generating credit for purchases prior to the

required acquisition date, provide for credits for clean fueled

vehicles purchased in exempt categories, and clarify the use of

purchase credits.

Rule 391-3-22-.08(2): Subparagraphs (d), (i), and (j) are

revised to, respectively, modify the time for non-covered fleet

operators to obtain purchase credits, clarify and modify reporting

requirements for covered and exempt vehicles, and delete a record

keeping requirement for keeping monthly fueling records and routine

maintenance records for covered and exempt vehicles.

Rule 391-3-22-.11: A provision is added to allow EPD to

grant exemptions or extensions to covered fleet operators not complying

with purchase requirements upon considering vehicle and fuel

availability issues.

III. Final Action

EPA is approving the aforementioned changes to the Georgia SIP

because they are consistent with requirements of EPA guidance and the

Clean Air Act.

The EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal 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

adverse comments be filed. This rule will be effective January 31, 2000

without further notice unless the Agency receives adverse comments by

January 3, 2000.

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

withdrawing the final rule and informing the public that the rule will

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. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on January 31, 2000, and no

further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

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

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

B. Executive Orders on Federalism

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation.

In addition, E.O. 12875 requires EPA to develop an effective

process permitting elected officials and other representatives of

state, local, and tribal governments ``to provide meaningful and timely

input in the development of regulatory proposals containing significant

unfunded mandates.'' Today's rule does not create a mandate on state,

local or tribal governments. The rule does not impose any enforceable

duties on these entities. Accordingly, the requirements of section 1(a)

of E.O. 12875 do not apply to this rule.

On August 4, 1999, President Clinton issued a new executive order

on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),)

which will take effect on November 2, 1999. In the interim, the current

Executive Order 12612, (52 FR 41685 (October 30, 1987),) on federalism

still applies. This rule will not have a substantial direct effect on

States, on the relationship between the national government and the

States, or on the distribution of power and responsibilities among the

various levels of government, as specified in Executive Order 12612.

The rule affects only one State, and does not alter the relationship or

the distribution of power and responsibilities established in the Clean

Air Act.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) Concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it does not involve

decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation.

In addition, E.O. 13084 requires EPA to develop an effective

process permitting elected and other representatives of Indian tribal

governments ``to provide meaningful and timely input in the development

of regulatory policies on matters that significantly or uniquely affect

their communities.'' Today's rule does not significantly or uniquely

affect the communities of Indian tribal governments. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

[[Page 67494]]

E. Regulatory Flexibility Act

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).

F. 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

annual 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 annual 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.

G. Submission to Congress and the Comptroller General

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. A major rule cannot

take effect until 60 days after it is published in the Federal

Register. This rule is not a ``major'' rule as defined by 5 U.S.C.

804(2).

H. National Technology Transfer and Advancement Act

Section 12 of the National Technology Transfer and Advancement Act

(NTTAA) of 1995 requires Federal agencies to evaluate existing

technical standards when developing a new regulation. To comply with

NTTAA, EPA must consider and use ``voluntary consensus standards''

(VCS) if available and applicable when developing programs and policies

unless doing so would be inconsistent with applicable law or otherwise

impractical.

The EPA believes that VCS are inapplicable to this action. Today's

action does not require the public to perform activities conducive to

the use of VCS.

I. 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 January 31, 2000. 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 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and recordkeeping requirements, Sulfur

oxides.

Dated: October 12, 1999.

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. 7401 et seq.

Subpart L--Georgia

2. a. In the table in Sec. 52.570(c), the following entries are

removed: 391-3-21-.01, 391-3-21-.02, 391-3-21-.03, 391-3-21-.04, 391-3-

21-.05, 391-3-21-.06, 391-3-21-.07, 391-3-21-.08, 391-3-21-.09, 391-3-

21-.10, 391-3-21-.11.

b. In the table in Sec. 52.570(c), the following entries are added:

391-3-1-.02(2)(fff), 391-3-1-.02(2)(hhh), 391-3-1-.02(2)(jjj), 391-3-

1-.02(11), 391-3-22.

c. In the table in Sec. 52.570(c), the following entries are

revised: 391-3-1-.01, 391-3-1-.02(2)(c), 391-3-1-.02(3), 391-3-

1-.02(6), 391-3-1-.02(7), 391-3-1-.03.

The additions and revisions read as follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

EPA Approved Georgia Regulations

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State

State citation Title/subject effective date EPA approval date Explanation

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* * * * * * *

391-3-1-.01.......................... Definitions............. 6/15/98 12/2/99

[[Page 67495]]

* * * * * * *

391-3-1-.02(2)(c).................... Incinerators............ 6/15/98 12/2/99

* * * * * * *

391-3-1-.02(2)(fff).................. Particulate Matter 6/15/98 12/2/99

Emissions from Yarn

Spinning Operations.

* * * * * * *

391-3-1-.02(2)(hhh).................. Wood Furniture Finishing 6/15/98 12/2/99

and Cleaning Operations.

* * * * * * *

391-3-1-.02(2)(jjj).................. NOX Emissions from 6/15/98 12/2/99

Electric Utility Steam

Generating Units.

391-3-1-.02(3)....................... Sampling................ 6/15/98 12/2/99

* * * * * * *

391-3-1-.02(6)....................... Source Monitoring....... 6/15/98 12/2/99

391-3-1-.02(7)....................... Prevention of 6/15/98 12/2/99

Significant

Deterioration of Air

Quality.

* * * * * * *

391-3-1-.02(11)...................... Compliance Assurance 6/15/98 12/2/99

Monitoring.

391-3-1-.03.......................... Permits................. 6/15/98 12/2/99

* * * * * * *

391-3-22............................. Clean Fueled Fleets..... 6/15/98 12/2/99

* * * * * * *

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[FR Doc. 99-29445 Filed 12-1-99; 8:45 am]

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