[Federal Register Volume 60, Number 225 (Wednesday, November 22, 1995)]
[Rules and Regulations]
[Pages 57836-57837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28385]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[GA-95-01; FRL-5333-7]
Clean Air Act Final Interim Approval of Operating Permits
Program; Georgia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final interim approval.
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SUMMARY: The EPA is promulgating interim approval of the Operating
Permits Program submitted by the Georgia Department of Natural
Resources, Environmental Protection Division for the purpose of
complying with Federal requirements for an approvable State program to
issue operating permits to all major stationary sources, and to certain
other sources.
EFFECTIVE DATE: December 22, 1995.
ADDRESSES: Copies of the State's submittal and other supporting
information used in developing the final interim approval are available
for inspection during normal business hours at the following location:
U.S. Environmental Protection Agency, Region 4, 345 Courtland Street
NE., Atlanta, Georgia 30365, on the 3rd floor of the Tower Building.
Interested persons wanting to examine these documents, contained in EPA
docket number GA-95-01, should make an appointment at least 24 hours
before the visiting day.
FOR FURTHER INFORMATION CONTACT: Yolanda Adams, Title V Program
Development Team, Air Programs Branch, Air, Pesticides & Toxics
Management Division, U.S. Environmental Protection Agency, Region 4,
345 Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555, Ext.
4149.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Introduction
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (``the Act'')), and implementing regulations at 40
Code of Federal Regulations (CFR) part 70 require that states develop
and submit operating permits programs to EPA by November 15, 1993, and
that EPA act to approve or disapprove each program within one year
after receiving the submittal. EPA's program review occurs pursuant to
section 502 of the Act and the part 70 regulations, which together
outline criteria for approval or disapproval. Where a program
substantially, but not fully, meets the requirements of part 70, EPA
may grant the program interim approval for a period of up to 2 years.
If EPA has not fully approved a program by November 15, 1995, or by the
end of an interim program, it must establish and implement a Federal
program.
On September 26, 1995, EPA proposed interim approval of the
operating permits program for the State of Georgia. See 60 FR 49533.
The September 26, 1995 notice also proposed approval of Georgia's
interim mechanism for implementing section 112(g) and for delegation of
section 112 standards as promulgated. EPA did not receive any comments
on the proposal. In this action, EPA is promulgating interim approval
of Georgia's operating permits program, and approving the section
112(g) and section 112(l) mechanisms noted above.
II. Final Action and Implications
A. Title V Operating Permits Program
The EPA is promulgating interim approval of the operating permits
program submitted by the State of Georgia on November 12, 1993, and
supplemented on June 24, 1994; November 14, 1994; and June 5, 1995.
Georgia's program substantially, but not fully, meets the requirements
of part 70 and meets the interim approval requirements under 40 CFR
70.4. The State must make the following changes to receive full
approval: (1) Revise Rule 391-3-1(10)(d)1.(ii) to provide for the
notification requirements and permit shield extension found in
Sec. 70.4(b)(12)(iii); and (2) correct all deficiencies in its
insignificant activities regulation.
The scope of the State's part 70 program approved in this notice
applies to all part 70 sources (as defined in the approved program)
within the State of Georgia, except any sources of air pollution over
which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-
18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the Act
as ``any Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village, which is Federally
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.''
See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25,
1994); 58 FR 54364 (Oct. 21, 1993).
[[Page 57837]]
This interim approval, which may not be renewed, extends until
December 22, 1997. During this interim approval period, the State of
Georgia is protected from sanctions, and EPA is not obligated to
promulgate, administer and enforce a Federal operating permits program
in the State. Permits issued under a program with interim approval have
full standing with respect to part 70, and the one-year time period for
submittal of permit applications by subject sources begins upon the
effective date of this interim approval, as does the 3-year time period
for processing the initial permit applications.
If the State fails to submit a complete corrective program for full
approval by June 23, 1997, EPA will start an 18-month clock for
mandatory sanctions. If Georgia then fails to submit a corrective
program that EPA finds complete before the expiration of that 18-month
period, EPA will be required to apply one of the sanctions in section
179(b) of the Act, which will remain in effect until EPA determines
that Georgia has corrected the deficiency by submitting a complete
corrective program. Moreover, if the Administrator finds a lack of good
faith on the part of the State, both sanctions under section 179(b)
will apply after the expiration of the 18-month period until the
Administrator determined that Georgia had come into compliance. In any
case, if, six months after application of the first sanction, Georgia
still has not submitted a corrective program that EPA has found
complete, a second sanction will be required.
If EPA disapproves Georgia's complete corrective program, EPA will
be required to apply one of the section 179(b) sanctions on the date 18
months after the effective date of the disapproval, unless prior to
that date the State has submitted a revised program and EPA has
determined that it corrected the deficiencies that prompted the
disapproval. Moreover, if the Administrator finds a lack of good faith
on the part of the State, both sanctions under section 179(b) shall
apply after the expiration of the 18-month period until the
Administrator determines that Georgia has come into compliance. In all
cases, if, six months after EPA applies the first sanction, the State
has not submitted a revised program that EPA has determined corrects
the deficiencies, a second sanction will be required.
In addition, discretionary sanctions may be applied where warranted
any time after the expiration of an interim approval period if Georgia
has not timely submitted a complete corrective program or EPA has
disapproved its submitted corrective program. Moreover, if EPA has not
granted full approval to Georgia's program by the expiration of this
interim approval and that expiration occurs after November 15, 1995,
EPA must promulgate, administer and enforce a Federal permits program
for the State upon interim approval expiration.
B. Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of Georgia's preconstruction review
program found in Rule 391-3-1-.03 as a mechanism to implement section
112(g) during the transition period between promulgation of EPA's
section 112(g) rule and Georgia's adoption of rules specifically
designed to implement section 112(g). This approval is limited to the
implementation of the 112(g) rule and is effective only during any
transition time between the effective date of the 112(g) rule and the
adoption of specific rules by Georgia to implement 112(g). The duration
of this approval is limited to 18 months following promulgation by EPA
of section 112(g) regulations, to provide the State with adequate time
to adopt regulations consistent with Federal requirements.
C. Program for Delegation of Section 112 Standards as Promulgated
Requirements for approval, specified in 40 CFR 70.4(b), encompass
section 112(l)(5) requirements for approval of a program for delegation
of section 112 standards as promulgated by EPA as they apply to part 70
sources. Section 112(l)(5) requires that the State's program contain
adequate authorities, adequate resources for implementation, and an
expeditious compliance schedule, which are also requirements under part
70. Therefore, the EPA is also promulgating approval under section
112(l)(5) and 40 CFR 63.91 of Georgia's program for receiving
delegation of section 112 standards and programs that are unchanged
from Federal rules as promulgated. In addition, EPA is approving the
delegation of all existing standards and programs under 40 CFR parts 61
and 63. This program for delegation applies to both part 70 sources and
non-part 70 sources.
III. Administrative Requirements
A. Docket
Copies of the State's submittal and other information relied upon
for the final interim approval are contained in docket number GA-95-01
maintained at the EPA Regional Office. The docket is an organized and
complete file of all the information submitted to, or otherwise
considered by, EPA in the development of this final interim approval.
The docket is available for public inspection at the location listed
under the ADDRESSES section of this document.
B. Executive Order 12866
The Office of Management and Budget has exempted this action from
Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's actions under section 502 of the Act do not create any
new requirements, but simply address operating permits programs
submitted to satisfy the requirements of 40 CFR part 70. Because this
action does not impose any new requirements, it does not have a
significant impact on a substantial number of small entities.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: November 2, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
PART 70--[AMENDED]
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Appendix A to part 70 is amended by adding the entry for Georgia
in alphabetical order to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
Georgia
(a) The Georgia Department of Natural Resources submitted on
November 12, 1993, and supplemented on June 24, 1994; November 14,
1994; and June 5, 1995; interim approval effective on December 22,
1995; interim approval expires December 22, 1997.
(b) (Reserved)
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[FR Doc. 95-28385 Filed 11-21-95; 8:45 am]
BILLING CODE 6560-50-P
