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-6306-2]

Approval and Promulgation of Implementation Plans; Georgia:

Approval of Revisions to the Georgia State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On August 25, 1998, EPA published a direct final rule (63 FR

45172) approving and an accompanying proposed rule (63 FR 45208)

proposing to approve the Georgia Post 1996 Rate of Progress Plan (9

percent plan) which was submitted on November 15, 1993, and amended on

June 17, 1996. As stated in the Federal Register document, if adverse

or critical comments were received by September 24, 1998, the effective

date would be delayed and timely notice would be published in the

Federal Register. Therefore, due to receipt of an adverse comment

within the comment period, EPA withdrew the direct final rule (63 FR

52983) in order to address all public comments received in a subsequent

final rule.

This action addresses the adverse comment and grants final approval

of Georgia's 9 percent plan. EPA will not institute a second comment

period on this document.

EFFECTIVE DATE: This final rule is effective April 19, 1999.

ADDRESSES: 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.

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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 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: On August 25, 1998, EPA published a direct

final rule (63 FR 45172) approving and an accompanying proposed rule

(63 FR 45208) proposing to approve the 9 percent plan which was

submitted on November 15, 1993 and amended on June 17, 1996. EPA

received an adverse comment during the comment period. Subsequently,

the direct final rule was withdrawn on October 2, 1998, (63 FR 52983).

The comment and the response are summarized below.

Comment: The Atlanta Regional Commission (ARC) submitted a letter

on September 9, 1998, providing comment on the 9 percent plan. The

comment concerned the use of vehicle miles traveled (VMT) estimates.

ARC updated the VMT estimates in 1996. The 9 percent plan used the VMT

estimates previously provided to the Georgia Environmental Protection

Division (GAEPD) by ARC rather than the 1996 updated VMT estimates. ARC

recalculated the transportation emissions budget using the updated VMT

and requested in the September 9, 1998, letter that this higher

emissions budget be used as the applicable transportation conformity

budget.

Response: EPA has reviewed ARC's comment and determined that the

relevant issue is which VMT estimate should have been used by GAEPD in

the development of the 9 percent plan. ARC's comments indicate concern

that failure to use the most recent VMT affects the attainment

demonstration state implementation plan (SIP) revision submitted by the

State in April 1998. The appropriateness of the VMT used to model

mobile source emissions and ultimately to establish the mobile budget

for conformity purposes in the attainment demonstration will be

addressed in the Region's action on the attainment demonstration, which

will occur in a future separate Federal Register notice.

The EPA cannot dispute ARC's updated VMT projections. However,

these updates were provided to GAEPD just prior to the State's

submittal of supplemental information to the 9 percent plan in 1996.

The timing and use of the updated VMT is the main issue. The Agency

believes that at the time the GAEPD was developing the 9 percent plan,

it used the most current VMT estimates provided by ARC. Since ARC

updated the VMT estimates just prior to the State's submittal of the

supplemental information to the 9 percent plan, EPA believes it was

reasonable for the State, that was already more than three quarters of

the way through its SIP process, to continue using the less recent VMT

projections for this SIP revision. Therefore, it is unnecessary to

address concerns with, or the appropriateness of, the ARC's

recalculated mobile emissions budget. However, EPA believes that all

SIP revisions developed after the new VMT projections were available

must use the most recently updated VMT projections. This would require

the most recent VMT projections to be used in the April 1998 attainment

demonstration since the new data were available early in the planning

process. Any revisions to the attainment demonstration must use the

most recent VMT projections available at the time the revision is being

developed.

NOX RACT Permits

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

RACT permits for Georgia Power plants McDonough and Yates. The purpose

of these revisions is to establish NOX emission limits to

meet the NOX RACT requirements for serious ozone

nonattainment areas. Compliance with the NOX emission limits

is based on a 30 day rolling average during the ozone season. See 63 FR

45172 for further detail.

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.

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.

I. 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 Order 12875

Under Executive Order 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, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to 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 any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 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.

C. Executive Order 13084

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly 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, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to 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, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that

[[Page 13350]]

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 Executive Order 13084 do not apply to this rule.

D. 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.

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).

G. 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.

H. 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. This rule is not a

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

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 May 17, 1999. 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, Incorporation by

reference, Intergovernmental relations, Nitrogen dioxide, Ozone,

Reporting and recordkeeping requirements.

Dated: February 19, 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. Section 52.570, is amended by adding paragraph (c) (49) to read

as follows:

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:

(1) Permit 4911-033-5037-0 Plant McDonough conditions 10 through

22;

(2) Permit 4911-038-4838-0 Plant Yates conditions 19 through 32;

(3) Permit 4911-038-4839-0 Plant Yates conditions 16 through 29;

(4) Permit 4911-038-4840-0 Plant Yates conditions 16 through 29;

and

(5) 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:

(1) Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13.

(2) Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13.

(3) Permit 4911-033-6949 Plant Atkinson conditions 5 through 10.

(4) Permit 4911-033-1320-0 Plant Atkinson conditions 8 through 13.

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(5) Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13.

(6) Permit 4911-033-6951 Plant McDonough conditions 5 through 10.

(7) Permit 4922-028-10902 Atlanta Gas Light Company conditions 20

and 21.

(8) Permit 4922-031-10912 Atlanta Gas Light Company conditions 27

and 28.

(9) Permit 2631-033-11436 Austell Box Board Corp. conditions 1

through 5.

(10) Permit 8922-044-10094 Emory University conditions 19 through

26.

(11) Permit 3711-044-11453 General Motors Corporation conditions 1

thorough 6 and Attachment A.

(12) Permit 2077-058-11226 Georgia Proteins Company conditions 16

through 23 and Attachment A.

(13) Permit 3221-060-10576 Owens-Brockway Glass Container, Inc.

conditions 26 through 28 and Attachment A.

(14) Permit 3296-060-10079 Owens-Corning Fiberglass Corporation

conditions 25 through 29.

(15) Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17

through 30.

(16) Permit 4922-075-10217 Transcontinental Gas Pipe Line

Corporation conditions 21 through 24.

(17) Permit 9711-033-11456 Lockheed-Georgia Company conditions 1

through 11.

(18) Permit 3241-060-8670 Blue Circle Incorporated conditions 48

through 54.

(ii) Other material. None.

[FR Doc. 99-6505 Filed 3-17-99; 8:45 am]

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