[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Rules and Regulations]
[Pages 67491-67495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29445]
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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]
BILLING CODE 6560-50-P
