[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Rules and Regulations]
[Pages 45172-45176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22650]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-34-3-9819a; FRL-6143-7]
Approval and Promulgation of Implementation Plans Georgia:
Approval 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 a revision to the Georgia State
Implementation Plan (SIP). This revision was to incorporate the Post
1996 Rate-of-progress Plan (9 percent plan) submitted by the State of
Georgia through the Georgia Environmental Protection Division (EPD) on
November 15, 1993, and amended on June 17, 1996. Supplemental
information was submitted on April 14, 1998. This submittal was made to
meet the reasonable further progress requirements of section 182(c)(2)
of the Clean Air Act, as amended in 1990 (CAA).
DATES: This direct final rule is effective October 26, 1998 unless
adverse or critical comments are received by September 24, 1998. If
adverse comment is received, EPA will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments on this action should be addressed to Scott
M. Martin, at the EPA Regional Office listed below.
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
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural Resources, 4244 International
[[Page 45173]]
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:
Background
The Atlanta area was classified as a serious nonattainment area
under the ozone National Ambient Air Quality Standards (NAAQS) on
November 15, 1990. The nonattainment area consists of the following
thirteen counties: Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnet, Henry, Paulding, and Rockdale.
Section 182(c)(2) of the CAA requires each serious and above ozone
nonattainment area to submit a SIP revision by November 15, 1994, which
describes, in part, how the area will achieve an actual volatile
organic compound (VOC) emission reduction of at least 3 percent per
year averaged over each consecutive 3-year period beginning 6 years
after enactment (i.e., November 15, 1996) until the area's attainment
date. The attainment date for the Atlanta nonattainment area is
November 15, 1999.
Under EPA's Guidance on the Post-1996 Rate-of-Progress Plan and the
Attainment Demonstration (revised February 18, 1995), if Georgia's
overall attainment strategy, as defined in the Attainment Demonstration
(Urban Airshed Model (UAM) Results) section of this SIP, identifies
needed nitrogen oxide (NOX) controls as well as VOC
controls, the 9% Plan can include NOX reductions to
substitute for the required VOC reductions. If the entire 9 percent
reduction is to be obtained solely from NOX reductions, then
no VOC reductions are required.
In order to complete the 9 percent plan in accordance with the
aforementioned guidance, the Georgia Environmental Protection Division
(EPD) inventoried the 1990 NOX emissions in the non-
attainment area as well as the entire UAM domain for attainment
modeling purposes, and adjusted the inventory by removing
NOX emission reductions which will be achieved from Federal
regulations on motor vehicles in effect prior to the 1990 amendments to
the Clean Air Act. The EPD also calculated the 9 percent NOX
reductions required for the plan, estimated growth of NOX
from 1990 to 1999, and then calculated reductions achieved by various
NOX control rules adopted and scheduled for implementation
prior to the end of 1996. EPD found these reductions sufficient to
reduce overall NOX emissions by 9% and also to offset all of
the projected 1990-to-1999 NOX growth. The NOX
target level for 1999 is based on the 1990 Rate-of-Progress (ROP)
inventory.
The 1990 Final Base Year Inventory is the starting point for
calculating the reductions necessary to meet the requirements of the
1990 CAA. The 1990 Final Base Year Inventory includes all area, point,
and mobile sources in the UAM domain. From the Final Base Year
Inventory, emissions outside the nonattainment area are subtracted to
establish the ROP Base Year Inventory. The 1990 Base Year Inventory and
the 1990 ROP Inventory have not changed since submittal in November
1994. The ROP inventory is the base inventory from which the 9 percent
reduction on existing sources and the reduction from growth by 1999
must be calculated to meet the requirements of the CAA.
1990 Rate-of-Progress Inventory
The ROP inventory is comprised of the anthropogenic stationary
(point and area) and mobile sources in the nonattainment area. The 1990
Base Year Ozone Inventory for the Atlanta nonattainment area, submitted
November 1993, is available at the Regional address above. Since no VOC
emission reductions are required, the inventory information in this
notice will not include VOC emissions.
The 1990 ROP NOX emissions inventory for the Atlanta
nonattainment is 538.73 tons/day.
1990 Rate-of-Progress Base Year Inventory
------------------------------------------------------------------------
NOX tons/
day
------------------------------------------------------------------------
Point........................................................ 121.34
Area......................................................... 25.74
Mobile....................................................... 304.04
Nonroad...................................................... 87.61
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Total.................................................. 538.73
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Adjusted Base Year Inventory
The development of the Adjusted Base Year Inventory requires that
emission reductions that would occur by 1999 as a result of Federal
programs already mandated prior to the 1990 Clean Air Act Amendments be
excluded from the inventory.
The adjustments exclude emissions reductions that would occur by
1999 as a result of the Federal Motor Vehicle Control Program (FMVCP)
promulgated prior to the CAA amendments. As a result of these
adjustments, states are not able to take credit for emissions
reductions that would have occurred from fleet turnover of current
standard cars and trucks, or from previously existing federal fuel
regulations.
The 1990 Adjusted Base Year Inventory was prepared using
adjustments in the mobile source inventory and calculated with MOBILE5a
and Vehicle Miles Traveled (VMT). The 1990 Adjusted Base Year Inventory
NOX emissions are approximately 483.12 tons/day.
1990 Adjusted Base Year Inventory
------------------------------------------------------------------------
NOX tons/
day
------------------------------------------------------------------------
Point........................................................ 121.34
Area......................................................... 25.74
Mobile....................................................... 248.43
Nonroad...................................................... 87.61
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Total.................................................. 483.12
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Creditable 9 Percent Reduction
The adjusted base year inventory is multiplied by 0.09 to calculate
the creditable 9 percent reduction needed in tons/day.
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Tons/day
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Adjusted Base Year Inventory................................. 483.12
X factor..................................................... 0.09
Creditable reduction needed.................................. 43.48
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Post-1996 Target Level of Emissions
To calculate the post-1996 target emissions level, the reductions
required to meet the 9 percent reduction requirement and the
noncreditable emission reductions discussed above are subtracted from
the 1990 ROP inventory.
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Tons/day
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1990 NOX ROP Inventory Level................................. 538.73
Required 9 percent NOX Reduction............................. 43.48
FMVCP/RVP Reductions 1990/1999............................... 55.61
Target Level for 1999........................................ 439.64
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1999 Estimated Emissions
The estimated emissions for 1999 were derived using several
factors. Area source emissions were estimated by using projection data
provided by the Georgia Office of Planning and Budget. Mobile emissions
were estimated using MOBILE5a and VMT for 1990 supplied by the Georgia
Department of
[[Page 45174]]
Transportation to which growth factors supplied by the Atlanta Regional
Commission to project 1999 values. Nonroad mobile source emissions were
grown, per EPA guidance, at a rate of one percent per year from the
1990 Base Year nonroad mobile inventory. Point source emissions were
grown from the 1990 Base Year Emissions Inventory using Bureau of
Economic Analysis growth factors.
Further details are available at the Regional address listed above.
1999 Estimated Emissions
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NOX tons/
day
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Point........................................................ 127.36
Area......................................................... 29.78
Mobile....................................................... 215.94
Nonroad...................................................... 97.19
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Total.................................................. 470.27
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Control Strategies
Reductions Needed by 1999 to Achieve 9 Percent Reductions
The reductions needed to achieve 9 percent net-of-growth are
determined by subtracting the target level emissions from the 1999
estimated emissions, as shown below:
------------------------------------------------------------------------
Tons/day
------------------------------------------------------------------------
1999 Estimated Emissions..................................... 470.27
Target Level Emissions....................................... 439.64
9 percent Net-of-Growth...................................... 30.63
------------------------------------------------------------------------
In order to meet the 9 percent net-of-growth reduction required by
1999, Georgia must reduce NOX emissions by 30.63 tons/day.
The following is a summary of the reductions Georgia will obtain to
meet this requirement.
Summary of Expected Reductions
------------------------------------------------------------------------
Expected
reductions
Source type (NOX tons/
day)
------------------------------------------------------------------------
Point....................................................... 41.20
Area........................................................ 2.86
Mobile...................................................... 1.17
Nonroad..................................................... 4.87
Reductions Demonstrated..................................... 50.10
9% Net of Growth............................................ 30.63
Excess Reductions........................................... 19.47
------------------------------------------------------------------------
The projected 1999 emissions have been calculated by applying the
control measures discussed below to the 1999 Estimated Emissions. The
1999 Projected Emissions are shown as follows:
1999 Projected Emissions
------------------------------------------------------------------------
------------------------------------------------------------------------
Point........................................................ 86.16
Area......................................................... 26.92
Mobile....................................................... 214.77
Nonroad...................................................... 92.32
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Total.................................................. 420.17
------------------------------------------------------------------------
The 1999 Projected Emissions of 420.17 tons/day of NOX
are less than the 1999 Target Level Emissions of 439.64 tons/day of
NOX.
Control Measures
The following NOX emission reductions which have
occurred since 1990 are creditable towards the 9 percent plan and will
provide reasonable further progress towards attainment.
Point Source Control Measures
Reasonably available control technology (RACT) is required for all
major (50 tons/year and more) NOX sources in the 13 county
nonattainment area. RACT for major NOX sources was not
implemented until May 1995, so these reductions are creditable towards
the 9 percent plan.
Initial calculations indicate that these NOX RACT
reductions from three Georgia Power facilities result in 41 tons/day of
NOX reductions. Calculations documenting this figure were
supplied by the Southern Company on March 27, 1995, and are available
at the Regional address listed above. The 41 tons/day of NOX
reductions exceed the total of 30.63 tons/day of the NOX
reductions needed to meet the post 1999 ROP requirements. Calculations
documenting these reductions are available at the Regional address
listed above.
NOX RACT Permits Related to 9 Percent ROP
On March 19, 1998, the EPD submitted revisions to NOX
RACT permits for Georgia Power plants McDonough and Yates which are
located in the Atlanta nonattainment area. The purpose of these
revisions is to establish NOX emission limits based on a 30
day rolling average during the ozone season. Monitoring, record
keeping, and reporting requirements are also established.
The following permit revisions are being approved by EPA and
contain the information referenced in the previous paragraph:
Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22
Permit 4911-038-4838-0 Plant Yates conditions 19 through 32
Permit 4911-038-4839-0 Plant Yates conditions 16 through 29
Permit 4911-038-4840-0 Plant Yates conditions 16 through 29
Permit 4911-038-4841-0 Plant Yates conditions 16 through 29
On November 15, 1994, the EPD submitted revisions to NOX
RACT permits for Georgia Power plant Atkinson and Plant McDonough. The
purpose of these revisions is to establish NOX RACT for the
sources. Monitoring, record keeping, and reporting requirements are
also established.
The following permit revisions are being approved by EPA and
contain the information referenced in the previous paragraph:
Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6949 Plant Atkinson conditions 5 through 10
Permit 4911-033-1320 Plant Atkinson conditions 8 through 13
Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6951 Plant McDonough conditions 5 through 10
Other NOX RACT Permits
Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 and 21
Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 and 28
Permit 2631-033-11436 Austell Box Board Corp. conditions 1 through 5
Permit 8922-044-10094 Emory University conditions 19 through 26
Permit 3711-044-11453 General Motors Corporation conditions 1 through 6
and Attachment A
Permit 2077-058-11226 Georgia Proteins Company conditions 16 through 23
and Attachment A
Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. conditions
26 through 28 and Attachment A
Permit 3296-060-10079 Owens-Corning Fiberglass Corporation conditions
25 through 29
Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 through 30
Permit 4922-075-10217 Transcontinental Gas Pipe Line Corporation
conditions 21 through 24
Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 through 11
Permit 3241-060-8670 Blue Circle Incorporated conditions 48 through 54
Area Source Control Measures
Both VOC and NOX reductions will occur from a ban on
open burning and slash/prescribed burning requirements in Georgia Rule
391-3-1-.02(5).
[[Page 45175]]
The VOC reductions are presently being relied upon for the 15
percent plan reductions. The NOX reductions, 1.95 tons/day
from open burning and 0.91 tons/day from slash/prescribed burning, are
creditable towards the 9 percent plan requirements.
Mobile Source Control Measures
Federal Rules
Additional Federal rules will result in the following reductions:
EPA Detergent Additives Rule (Highway): 2.83 tons/day
Nonroad Mobile Source Control Measures
Federal Rules
Additional Federal rules will result in the following reductions:
EPA Detergent Additives Rule (Nonroad): 0.09 tons/day
EPA Small Nonroad Gasoline Engine Rule:-0.29 tons/day
EPA Small Nonroad Diesel Engine Rule: 5.07 tons/day
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.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective October 26, 1998 unless, by September 24, 1998, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a timely withdrawal of the
direct final rule. All public comments received will be addressed in a
subsequent final rule based on this action serving as a proposed rule.
The EPA will not institute a second comment period on this action. Any
parties interested in commenting on this action should do so at this
time. If no such comments are received, the public is advised that this
action will be effective October 26, 1998.
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.
Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order 12866, entitled
Regulatory Planning and Review.
B. Regulatory Flexibility Act
The final rule is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety
Risks, because it is not an ``economically significant'' action under
Executive Order 12866.
C. Unfunded Mandates
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).
D. Submission to Congress and the General Accounting Office
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
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 proposed does not
include a Federal mandate that may result in estimated 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.
E. Petitions for Judicial Review
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).
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: August 3, 1998.
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. et seq.
Subpart L--Georgia
2. Section 52.570, is amended by adding paragraph (c) (49) to read
as follows:
[[Page 45176]]
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:
Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22
Permit 4911-038-4838-0 Plant Yates conditions 19 through 32
Permit 4911-038-4839-0 Plant Yates conditions 16 through 29
Permit 4911-038-4840-0 Plant Yates conditions 16 through 29
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:
Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6949 Plant Atkinson conditions 5 through 10
Permit 4911-033-1320-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6951 Plant McDonough conditions 5 through 10
Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 and 21
Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 and 28
Permit 2631-033-11436 Austell Box Board Corp. conditions 1 through 5
Permit 8922-044-10094 Emory University conditions 19 through 26
Permit 3711-044-11453 General Motors Corporation conditions 1 thorough
6 and Attachment A
Permit 2077-058-11226 Georgia Proteins Company conditions 16 through 23
and Attachment A
Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. conditions
26 through 28 and Attachment A
Permit 3296-060-10079 Owens-Corning Fiberglass Corporation conditions
25 through 29
Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 through 30
Permit 4922-075-10217 Transcontinental Gas Pipe Line Corporation
conditions 21 through 24
Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 through 11
Permit 3241-060-8670 Blue Circle Incorporated conditions 48 through 54
(ii) Other material None.
* * * * *
[FR Doc. 98-22650 Filed 8-24-98; 8:45 am]
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