[Federal Register Volume 64, Number 52 (Thursday, March 18, 1999)]
[Rules and Regulations]
[Pages 13348-13351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6505]
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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.
[[Page 13349]]
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.
[[Page 13351]]
(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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