[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Proposed Rules]
[Pages 48027-48033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24241]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-34-1-9709; FRL-5891-9]
Approval And Promulgation Of Implementation Plans; Georgia:
Approval of Revisions to the Georgia State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed conditional interim approval.
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SUMMARY: The EPA proposes a conditional interim approval of the State
Implementation Plan (SIP) submitted by the State of Georgia through the
Georgia Environmental Protection Division (EPD) on November 15, 1993,
and amended on June 17, 1996, which included the 15% Rate-of-Progress
Plan (15% plan). This submittal was made to meet the 15% plan
requirements of section 182(b)(1)(A) of the Clean Air Act, as amended
in 1990 (CAA). The EPA is proposing a conditional interim approval
because achievement of the 15% reduction in emission of volatile
organic compounds (VOCs) is dependent upon full implementation of the
enhanced inspection and maintenance (I/M) plan and the conditions
pertaining to the implementation of a low Reid Vapor Pressure (RVP)
program of 7.0. Full approval of the 15% plan will be granted upon full
approval of the I/M plan and the conditional approval of the low RVP
program. The final interim approval of the I/M plan was published in
the Federal Register on August 11, 1997 (see 62 FR 42916). Full
approval of the individual measures that comprise the 15% plan except
for I/M and the low RVP program is also being proposed in this
document.
Additionally, the EPA is proposing full approval of Georgia's 1990
Baseline Inventory. The inventory was submitted by the State to fulfill
requirements of section 182(b) of the CAA.
DATES: Comments on this proposed conditional interim action must be
received in writing by October 14, 1997.
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.
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 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 serious ozone nonattainment on
November 6, 1991. 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(b) of the CAA requires that each state in which all or
part of a serious nonattainment area is located submit, by November 15,
1992, an inventory of actual emissions from all sources, as described
in section 172(c)(3) and 182(a)(1), in accordance with guidance
provided by the Administrator. This inventory is for calendar year 1990
and is designated the baseline year inventory. The inventory should
include both anthropogenic and biogenic sources of volatile organic
compounds (VOCs), nitrogen oxides (NOX), and carbon monoxide
(CO), and must address actual emissions of these pollutants in the
nonattainment area during the peak ozone season. The inventory should
include all point and area sources, as well as all highway and non-
highway mobile sources.
In addition, section 182(b)(1)(A) of the CAA requires ozone
nonattainment areas classified as moderate and above to develop plans
to reduce VOC emissions by 15 percent from the 1990 baseline. The plans
were to be submitted by November 15, 1993, and the reductions were
required to be achieved within six years of enactment or November 15,
1996. The CAA also set
[[Page 48028]]
limitations on the creditability of certain types of reductions.
Specifically, a state cannot take credit for reductions achieved by
Federal Motor Vehicle Control Program (FMVCP) measures promulgated
prior to 1990, or for reductions resulting from requirements to lower
the Reid Vapor Pressure (RVP) of gasoline promulgated prior to 1990 or
required under section 211(h) of the CAA, which restricts gasoline RVP.
Furthermore, the CAA does not allow credit for corrections to vehicle
I/M Programs or corrections to Reasonably Available Control Technology
(RACT) rules as these programs were required prior to 1990.
1990 Baseline Emissions Inventory
In this action, the EPA is proposing to approving the 1990 baseline
emissions inventory for the Atlanta area. Detailed information on the
emissions calculations can be obtained at the Regional address above.
The following table is a summary of the baseline emissions inventory.
Georgia 1990 Baseline Emissions Inventory (tons/day)
----------------------------------------------------------------------------------------------------------------
Source type VOC NOX CO
----------------------------------------------------------------------------------------------------------------
Point.................................................................... 57.55 121.34 6.38
Area..................................................................... 138.94 25.74 85.73
Highway.................................................................. 401.74 304.04 2,890.28
EPA Offroad.............................................................. 79.50 65.35 573.65
Aircraft &............................................................... 9.06 22.26 31.43
Biogenic................................................................. 429.10 N/A N/A
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Total.............................................................. 1,115.89 538.73 3,587.47
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The adjusted base year inventory requires exclusion of emission
reductions that would occur by 1996 as a result of the FMVCP and RVP
promulgated prior to 1990. The following table is a summary of the
adjusted base year inventory.
Georgia 1990 Adjusted Baseline Inventory (tons/day)
------------------------------------------------------------------------
Source type VOC
------------------------------------------------------------------------
Point........................................................ 57.55
Area......................................................... 135.51
Highway Mobile............................................... 244.57
EPA Offroad Mobile........................................... 79.50
Aircraft & Railroad.......................................... 9.06
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Total.................................................. 526.19
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1990 Rate-of-Progress Inventory
The Rate-of-Progress inventory is comprised of the anthropogenic
stationary (point and area) and mobile sources in the nonattainment
area with all biogenic emissions removed from the baseline inventory.
The following table is a summary of the Rate-of-Progress baseline
inventory.
Georgia 1990 Rate-of-Progress Baseline
------------------------------------------------------------------------
Source type VOC
------------------------------------------------------------------------
Point........................................................ 57.55
Area......................................................... 138.94
Highway...................................................... 401.74
EPA Offroad.................................................. 79.50
Aircraft &................................................... 9.06
----------
Total.................................................. 686.79
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The EPA is proposing to approve this inventory as satisfying the
requirements of section 182(a)(1) of the CAA.
15% Plan
The State of Georgia submitted a 15% Plan for the Atlanta
nonattainment area on November 15, 1993, with additional information
submitted on June 17, 1996. This submittal was required in order to
demonstrate reasonable further progress in attaining the National
Ambient Air Quality Standard (NAAQS) for ozone. This 15% plan is not
intended to demonstrate attainment of the ozone NAAQS. The CAA required
Georgia to submit a plan by November 15, 1993, and to attain the ozone
NAAQS by 1999. In order to demonstrate progress, the State must achieve
actual VOC emission reductions of at least 15% from the baseline and
account for growth during the first 6 years after enactment of the CAA.
The 15% reduction must be based on a decrease of the 1990 baseline
emissions, excluding emissions from other reduction programs and
emission sources outside the nonattainment area.
Creditable 15% Reduction
The adjusted base year inventory of 526.19 tons/day is multiplied
by 0.15 to calculate the creditable 15% reduction in tons/day. Georgia
needs a reduction of 78.93 tons/day to obtain the creditable 15%
reduction.
Total Expected Reductions by 1996
The total expected reductions by 1996 include the required 15%
(78.93 tons/day), the reductions from FMVCP and RVP (160.60 tons/day),
corrections to RACT rules (3.05 tons/day) and corrections to I/M
programs (0.00 tons/day). Georgia expects to have a total of 242.58
tons/day of reductions by 1996.
Target Level Emissions for 1996
To calculate the 1996 target emissions level, the total expected
reductions (242.58 tons/day) are subtracted from the 1990 Rate-of-
Progress baseline inventory (686.79 tons/day) for the Atlanta
nonattainment area. This gives a 1996 target level emissions of 444.21
tons/day.
Reductions Needed by 1996 to Achieve 15% Accounting for Growth
The reductions needed to achieve 15% net of growth are determined
by subtracting the target level emissions (444.21 tons/day) from the
1996 estimated emissions (560.21 tons/day) giving a total of 116.00
tons/day in additional reductions needed.
Reductions Required by 1996
In order to meet the target level required for 1996 Georgia must
reduce VOC emissions by an additional 116.00 tons/day. The 1990 Rate-
of-Progress Baseline inventory is the base inventory from which the 15
percent reduction on existing sources and the reduction from growth by
1996 must be calculated to meet requirements of the CAA.
The following is a summary of the reductions Georgia will obtain to
meet this requirement. More detailed information concerning specific
areas of reduction can be found in the Technical Support Document (TSD)
located at the Regional EPA address listed above.
[[Page 48029]]
Summary of Reductions Needed
------------------------------------------------------------------------
Expected
Source type reductions
(tons/day)
------------------------------------------------------------------------
Point Sources............................................... 4.28
Area Sources................................................ 37.97
Highway Mobile Sources...................................... 71.88
Non-Road Mobile Sources..................................... 2.93
Reductions Demonstrated..................................... 117.06
Required Reductions......................................... 116.00
Excess Reductions........................................... 1.06
------------------------------------------------------------------------
1996 Projected Emissions
The projected emissions for 1996 have been calculated by applying
the control measures discussed below to the 1996 Estimated Emissions.
The 1996 Projected Emissions are shown as follows:
1996 Projected Emissions (tons/day)
------------------------------------------------------------------------
------------------------------------------------------------------------
Point........................................................ 50.77
Area......................................................... 118.83
Mobile....................................................... 183.12
Nonroad...................................................... 90.43
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Total.................................................. 443.15
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The 1996 Projected Emissions of 443.15 tons/day are less than the
1996 Target Level Emissions of 444.21 tons/day.
Control Strategies
Point Source Control Measures
Point Source Rule Effectiveness Improvements
Following EPA guidance on rule effectiveness (RE) and RE
improvements, RE for gasoline terminals, major graphic arts sources,
and coil coating plants will be increased from the default 80% to 91.0%
thus reducing emissions 2.25 tons/day, 0.97 tons/day, and 0.64 tons/day
from respective 1990 levels. The above RE improvements do not require
any rule changes.
Area Source Control Measures
Stage I
Stage I VOC emissions are VOC emissions from the loading of
underground gasoline storage tanks at gasoline dispensing facilities.
In 1991, Georgia Rule 391-3-1-.02(2)(rr) ``Gasoline Dispensing
Facility-Stage I'' (rule (rr)) was revised to lower applicability level
from facilities with throughput of more than 20,000 gallons per month
to 10,000 gallons per month. The revised applicability will result in a
reduction of 3.05 tons/day. This reduction is included as part of the
Total Expected Reductions by 1996 but is not creditable towards the 15%
reduction since it is a correction to a RACT rule.
In 1990, the Atlanta ozone nonattainment area did not include
Forsyth and Cherokee counties so rule (rr) did not apply there. Rule
(rr) was revised to require compliance in these two counties by
November 1992, resulting in a reduction equal to 1.27 tons/day.
The above reductions from Stage I are based on the EPA suggested
80% value for RE. Since the majority of these facilities will become
subject to and comply with the Stage II requirements of Rule 391-3-
1-.02.(2)(zz) ``Gasoline Dispensing Facilities-Stage II,'' there will
be additional inspections, operator education and training, etc. which
will improve the RE of the Stage I rule. The RE will increase from 80%
to 85.6% upon implementation of these additional programs. This will
reduce projected 1996 emissions by 1.13 tons/day.
Architectural Coatings
Architectural coatings, traffic markings, and high performance
maintenance coatings are all subcategories of area source surface
coatings. Based on 1996 projected emissions, these surface coatings
account for 33.08 tons/day of emissions. Reducing these emissions by
20% gives a reduction of 6.62 tons/day (reference March 7, 1996, memo
from John Seitz (EPA) ``Update on the credit for the 15% Rate-of-
Progress Plans for reductions from the architectural and industrial
maintenance (AIM) coating rule'').
Open Burning
VOC emissions result from open burning at a projected rate of 12.65
tons/day. Rule 393-3-1-.02(5) bans such burning during the ozone season
(April 1 to October 31). Due to exceptions to Rule 393-3-1-.02(5)
77.19% of open burning emissions will be eliminated resulting in a
reduction of 9.76 tons/day of VOC emissions.
Slash/Prescribed Burning
The 1996 projected emissions for slash/prescribed burning are 4.36
tons/day for VOC. Rule 393-1-.02(5) bans 100% of such burning during
the ozone season (April 1 to October 31) resulting in a reduction of
4.36 tons/day of VOC emissions.
Consumer/Commercial Solvents
The 1996 projected emissions for consumer/commercial solvents (i.e.
windshield washer fluid) are 26.66 tons/day. Windshield washer fluid
has a typical VOC content of 35%. Rule 391-3-1-.02(aaa) limits its VOC
content to 8%, resulting in a 77.14% reduction in VOCs for a 1.96 tons/
day reduction of VOC emissions.
Underground Storage Tank Breathing Losses
Uncontrolled emissions in 1996 are projected to be 2.11 tons/day.
The Stage II controls in Rule 391-3-1-.02(zz) controls 90% of these
emissions with a projected emission reduction of 1.78 tons/day assuming
85% overall control. The Stage I controls in rule (rr) will obtain a
7.2% reduction of these emissions with a projected reduction of 0.17
tons/day. The total projected reductions from Stage I and Stage II
controls for breathing losses are 1.95 tons/day.
Autobody Refinishing
The 1996 projected VOC emissions from autobody refinishing are
13.84 tons/day. According to a memo from John Seitz (EPA) on November
29, 1994, ``Credit for the 15% Rate-of-Progress Plans for reductions
from the architectural and industrial maintenance (AIM) coating rule
and the autobody refinishing rule'' a 37% VOC emissions reduction for
autobody refinishing is allowed. This rule provides a VOC reduction of
5.12 tons/day.
Consumer Products
Emission rates for the 1996 Estimated Inventory were calculated to
be 26.66 tons/day of VOC. A reduction in previously unregulated areas
of approximately 20% by November 15, 1996 is anticipated (reference
June 22, 1995, memo from John Seitz (EPA) ``Regulatory schedule for
consumer and commercial products under section 183(e) of the CAA'').
Therefore, the consumer products rule, excluding windshield washer
fluid which is already regulated by the State, will result in a 2.16
tons/day reduction of VOC emissions.
Mobile Source Control Measures
Total highway mobile source reductions are 71.88 tons/day. Due to
the interaction of various control measures (i.e., reduced Reid Vapor
Pressure and Stage II recovery), the VOC reductions from each control
modeled separately is difficult to determine. Unless otherwise stated
with a specific reduction, all of the following control measures
contribute towards the cumulative reduction of 71.88 tons/day.
[[Page 48030]]
Enhanced Inspection and Maintenance (I/M)
Georgia Rule 391-3-20 establishes a biennial enhanced I/M program
for all 13 counties of the Atlanta nonattainment are beginning October
1, 1996, and covering 1975 and newer model years of light duty
gasoline-powered vehicles. According to E.H. Pechan & Associates, Inc.
in Sample City Analysis Comparison of Enhanced I/M Reductions Versus
Other 15 Percent ROP Plan Measures reductions the enhanced I/M program
will contribute approximately 60 tons/day towards the cumulative 71.88
tons/day reductions from highway mobile sources for the nonattainment
area. A more detailed description of Georgia's enhanced I/M program was
published in a separate Federal Register action on December 13, 1996
(61 FR 65496).
Reid Vapor Pressure (RVP) Reduction
RVP is a measure of the tendency of gasoline to evaporate. Georgia
Rule 391-3-1-.02(2)(bbb) requires that during the summer months (June
1--September 15) the RVP limit for gasoline dispensed in the 13 county
nonattainment area not exceed 7.0 psi which is lower than the federally
mandated RVP of 7.8 psi. The RVP reduction from 7.8 to 7.0 will
contribute 3.13 tons/day towards the cumulative 71.88 tons/day
reduction from highway mobile sources. Reductions in exhaust VOC
emissions attributable to reducing RVP were calculated using EPA's
Final Complex Model. Point Source Rule Effectiveness Improvements for
gasoline terminals will reduce VOC emissions from this category by 0.40
tons/day with the implementation of 7.0 RVP gasoline. Based on the
gasoline throughput in the 13 county nonattainment area, Stage I will
contribute a reduction of 0.59 tons/day in additional VOC emissions
attributable to the lower RVP limit.
State governments are generally preempted under section
211(c)(4)(A) of the CAA from requiring gasoline sold in any area in a
State to meet an RVP standard different from the federal standard.
However, under 211(c)(4)(C) a State can require a more stringent RVP
standard in its SIP if the more stringent standard is necessary to
achieve the NAAQS in a particular nonattainment area. The State can
make this demonstration of necessity by providing evidence that no
other measures exist that would bring about timely attainment, or that
such measures exist, are technically possible to implement, but are
unreasonable or impracticable. If a State makes this demonstration, it
can lower the volatility to whatever standard is necessary for the
nonattainment area. The State of Georgia submitted an attainment
demonstration on November 15, 1994 that included regulations
controlling the RVP of gasoline below 7.8. This attainment
demonstration failed to show attainment, and therefore, EPA is
requiring Georgia to submit a new attainment demonstration. This new
attainment demonstration will be submitted to EPA in late 1997. Because
Georgia is currently developing their attainment demonstration, EPA is
proposing conditional approval of Georgia's low RVP program. The State
will be considering new control strategies as part of their attainment
demonstration, among those fuel controls. If the State still needs the
program, they will need to meet the requirements under 211(c)(4)(C). As
part of the conditional approval process, Georgia must commit within 30
days of this proposal to submit within one year of conditional interim
approval documentation supporting the need for a 7.0 psi RVP program.
If the commitment is not made within 30 days, EPA proposes in the
alternative to disapprove the SIP revision. If the State does make a
timely commitment but the condition is not met by the date to which the
Statecommitted, EPA proposes that this rulemaking will convert to a
final disapproval. EPA will notify the State by letter that the
conditions have not been met and that the conditional approval has been
converted to a disapproval. Georgia must commit to correct the
deficiencies to enable EPA to conditionally approve the program.
Stage II
Georgia Rule 391-3-1-.02(2)(zz) ``Gasoline Dispensing Facilities-
Stage II'' prohibits the transfer of gasoline from stationary storage
tanks of gasoline dispensing facilities to any vehicle gasoline tank
unless the facility is equipped with an approved vapor recovery system.
Exemptions to this rule include facilities that dispense no more than
10,000 gallons/month and dispensing facilities owned by independent
small business gasoline marketers that dispense up to and including
50,000 gallons/month. The reductions contribute toward the cumulative
71.88 tons/day VOC reductions from highway mobile sources. The EPA
federally approved Georgia rule 391-3-1-.02(2)(zz) into the Georgia SIP
on February 2, 1996, (61 FR 3819).
Tier I Tailpipe Standards
The CAA mandates new and stricter emissions standards for light
duty vehicles. The total VOC reductions in the nonattainment area from
Tier I Standards contribute toward the cumulative 71.88 tons/day from
highway mobile sources.
Transportation Control Measures (TCMs)
TCMs programmed in Tier I (FY96-FY97) of the Atlanta Regional
Transportation Improvement Program include the following types of
projects: bike/pedestrian, HOV lanes, Park/Ride facilities, Traffic
Flow Improvement, Transit. The TCMs reduce VOC emissions by 2.57 tons/
day. Further information concerning methodologies for the TCM analysis
is available at the EPA Regional address listed above.
Additional 1996 Mobile Source VOC Reductions
VOC reductions in the nonattainment area from promulgation of new
federal rules were calculated using EPA guidance. EPA's planned
detergent additives program reduce highway VOC emissions by 1.70 tons/
day and nonroad VOC emissions by 0.77 tons/day. New federal nonroad
engine emission standards (40 CFR part 90) for new nonroad spark-
ignition engines at or below 19 kilowatts reduce VOCs by 2.16 tons/day.
Background on Georgia's I/M submittal
Section 182(b)(1) of the CAA requires that states containing ozone
nonattainment areas classified as Moderate or above prepare SIPs that
provide for a 15 percent VOC emissions reduction by November 15, 1996.
Most of the 15% SIPs originally submitted to the EPA contained enhanced
I/M programs because this program achieves more VOC emission reductions
than most, if not all other, control strategies. However, because most
states experienced substantial difficulties implementing these enhanced
I/M programs, only a few states are currently testing cars using the
original enhanced I/M protocol.
On September 18, 1995, EPA finalized revisions to its enhanced I/M
rule allowing states significant flexibility in designing I/M programs
appropriate for their needs. Subsequently, Congress enacted the
National Highway Systems Designation Act of 1995 (NHSDA), which
provides states with more flexibility in determining the design of
enhanced I/M programs. The substantial amount of time needed by states
to re-design enhanced I/M programs in accordance with the guidance
contained
[[Page 48031]]
within the NHSDA, secure state legislative approval when necessary, and
set up the infrastructure to perform the testing program precludes
states that revise their I/M programs from obtaining emission
reductions from such revised programs by November 15, 1996.
Given the heavy reliance by many States upon enhanced I/M programs
to help achieve the 15% VOC emissions reduction required under CAA
section 182(b)(1), and the recent NHSDA and regulatory changes
regarding enhanced I/M programs, EPA believes that it is no longer
possible for many states to achieve the portion of the 15% reductions
that are attributed to I/M by November 15, 1996. Under these
circumstances, disapproval of the 15% SIPs would serve no purpose.
Consequently, under certain circumstances, EPA will propose to allow
states that pursue re-design of enhanced I/M programs to receive
emission reduction credit from these programs within their 15% plans,
even though the emissions reductions from the I/M program will occur
after November 15, 1996.
Specifically, EPA will propose approval of 15% SIPs if the
emissions reductions from the revised, enhanced I/M programs, as well
as from the other 15% SIP measures, will achieve the 15% level as soon
after November 15, 1996 as practicable. To make this ``as soon as
practicable'' determination, EPA must determine that the SIP contains
all VOC control strategies that are practicable for the nonattainment
area in question and that meaningfully accelerate the date by which the
15% level is achieved. The EPA does not believe that measures
meaningfully accelerate the 15% date if they provide only an
insignificant amount of reductions.
In the case of the Atlanta nonattainment area, the State of Georgia
has submitted a 15% SIP that would achieve the amount of reductions
needed from I/M by November 1999. The State of Georgia has submitted a
15% SIP that achieves all other reductions by 1996. The EPA proposes to
determine that this SIP does contain all measures, including enhanced
I/M, that achieve the required reductions as soon as practicable. The
EPA also proposes to determine that the I/M program for the Atlanta
nonattainment area does achieve reductions as soon as practicable.
The EPA has examined other potentially available SIP measures to
determine if they are practicable for the Atlanta nonattainment area
and if they would meaningfully accelerate the date by which the area
reaches the 15% level of reductions. The EPA proposes to determine that
the SIP does contain the appropriate measures.
Following, is a list of measures which are not included in the
Georgia 15% plan with reductions of VOC emissions in tons/day which
could be achieved if implemented: Industrial Adhesives (8.35),
Treatment Storage Disposal Facility (TSDFs)--Federal Rule (early
implementation) (3.33), Landfills--Federal Rule (0.00), Nonroad
Gasoline--Reformulated Gasoline (3.72), Motor Vehicle--Reformulated
Gasoline (32.24). The amount of reduction attributed to reformulated
gasoline is overestimated because Georgia has implemented a lower RVP
of 7.0. Georgia did not include these measures in their 15% plan
because they could not be implemented quicker than I/M and the measures
do not provide the level of reductions achieved through the
implementation of enhanced I/M.
Proposed Rule Approval
In addition to proposing approval of Georgia's 15% plan, the EPA
proposes to approve the following revisions submitted by the State into
their SIP:
391-3-1-.01(lll) ``Volatile Organic Compound''
Georgia submitted revisions to their definition of VOC so that it
is consistent with the federal definition.
391-3-1-.01(mmmm) ``Hazardous Air Pollutant'
Georgia submitted this new definition to define a class of
pollutants which is now being regulated as a result of the CAA.
391-3-1-.02(2)(ii) VOC Emissions from Surface Coating of Miscellaneous
Metal Parts and Products
A new paragraph 6. is being added to exempt facilities which have a
potential to emit of less than 10 tons/year.
391-3-1-.02(2)(rr) Gasoline Dispensing Facility--Stage I
This section is being revised to outline requirements for the
transfer of gasoline from any delivery vessel into a stationary storage
tank. No person may transfer or cause or allow the transfer of gasoline
from any delivery vessel into any stationary storage tank subject to
this subsection unless the tank is equipped with all of the following:
a submerged fill pipe; an approved Stage I vapor recovery system that
is in good working order; Pressure/Vacuum vent valves with minimum
settings of 8 ounces of pressure and \1/2\ ounce of vacuum unless the
facility has a California Air Resources Board (CARB) certified Stage II
vapor recovery system; and the vapors displaced from the storage tank
during filling are controlled by one of the following: a vapor-tight
vapor return line from the stationary gasoline storage tank(s) to the
delivery vessel for each product delivery line that is connected from
the delivery vessel to the storage tank(s); if a manifold connects all
stationary gasoline storage tanks vent lines, a vapor tight vapor
return line from a tank being filled to the delivery vessel with
sufficient return capacity to control vapors from all tanks being
filled at the time and to prevent release of said vapors from the vent
line(s) or other tank openings; or a refrigeration-condensation system
or a carbon adsorption system is utilized and recovers at least 90
percent by weight of the organic compounds in the displaced vapor.
Paragraph 6 is being amended to state that Stage I gasoline vapor
recovery systems installed prior to January 1, 1993 that currently
utilize a co-axial Stage I vapor recovery system in which the gasoline
tanks are not manifolded in manner and that are utilized at a facility
that is not required to have a Stage II vapor recovery system shall be
exempted from installing a co-axial poppetted drop tube.
The definition of ``Division Approved'' is also being added.
391-3-1-.02(2)(zz) Gasoline Dispensing Facilities--Stage II
This subsection is being revised to add or revise the definitions
for ``Approved Stage II Vapor Recovery System,'' ``California Air
Resources Board (CARB) certified system,'' ``Average monthly
throughput,'' ``Fill cap,'' ``Independent small business owner,''
``Operator,'' ``Owner,'' and ``Vapor cap.''. A compliance date for
facilities with a throughput of 50,000 gallons or more per month is
established as November 15, 1994. An exemption for facilities
reconstructed prior to November 15, 1995, that dispense up to 50,000
gallons per month and are owned by an independent small business
marketer of gasoline is established. Procedures for certification of
Stage II facilities are also established.
391-3-1-.02(2)(aaa) Consumer and Commercial Products
This subsection is being added and is applicable to any person who
supplies or sells consumer and commercial products limited by this
subsection within the 13 county nonattainment area. After January 1,
1996, no person shall supply, offer for sale or sell any
[[Page 48032]]
automobile windshield washer fluid which contains VOCs as an active
ingredient, or solvent in a concentration greater than 8.0% by weight.
391-3-1-.02(2)(bbb) Gasoline Marketing-Reid Vapor Pressure (RVP)
This subsection is being conditionally approved and states that
during the period from June 1 to September 15 of any calendar year no
person, retailer, or wholesale purchaser-consumer shall sell, offer for
sale, dispense, supply, offer for supply, transport or introduce into
commerce gasoline whose Reid vapor pressure exceeds 7.0 psi.
391-3-1-.02(5) Open Burning
Paragraph 13 is being added which allows open burning of vegetative
material for the purpose of land clearing using an air curtain
destructor.
Subsection (b) is being revised to state that beginning calendar
year 1996 open burning during the months of May, June, July, August,
and September is prohibited in the Atlanta ozone nonattainment area.
Certain exemptions to this rule are granted for procedures necessary
for production of harvesting crops, cooking food for immediate human
consumption, fires set for the purpose of training fire-fighting
personnel, operation of devices using open flames, setting and
maintenance by contractors of miscellaneous small fires necessary to
such activities as street paving, and disposal of packaging materials
previously containing explosives, in accordance with U.S. Department of
Labor Safety Regulations.
391-3-1-.02(2)(ff) Solvent Metal Cleaning
This subsection is being amended to establish requirements which
apply to degreasers using trichlorethylene, carbon tetrachloride, and/
or chloroform in a total concentration greater than 5 percent by
weight.
391-3-1-.02(7) Prevention of Significant Deterioration
This subsection is being amended to add and update all of the new
and amended changes to these federally-promulgated, state-implemented
rules.
391-3-1-.03 Permits. Amended
Paragraph 6. Exemptions is being amended. Subparagraph (6)(b)11 is
being amended to add exemptions for stationary engines, and (6)(b)13 is
being added to exempt fire fighter or other emergency/safety equipment
used to train firefighters. Subsection (6)(c) is amended to add
exemptions for storage tanks. Subsection (6)(g) is added to provide
exemptions for pollution control. Subsection (6)(h) is amended to
provide exemptions for industrial operations.
Proposed Action
The EPA proposes conditional approval of the State of Georgia's 15%
plan contingent upon full approval of the I/M plan. Final interim
approval of the I/M plan was published in the Federal Register on
August 11, 1997 (see 62 FR 42916). In addition EPA proposes conditional
approval of rule 391-3-1-.02(2)(bbb) Gasoline Marketing-Reid Vapor
Pressure (RVP). The condition for approvability is as follows: Georgia
must submit documentation demonstrating that the program is needed for
attainment. EPA proposes to approve Georgia's 1990 Baseline Emissions
Inventory for the Atlanta nonattainment area. The EPA also proposes
approval of the rule revisions discussed above to 391-3-1-.01(llll)
``Volatile Organic Compound''; 391-3-1-.01(mmmm) ``Hazardous Air
Pollutant'; 391-3-1-.02(2)(ii) VOC Emissions from Surface Coating of
Miscellaneous Metal Parts and Products; 391-3-1-.02(rr) Gasoline
Dispensing Facility--Stage I; 391-3-1-.02(zz) Gasoline Dispensing
Facilities--Stage II; 391-3-1-.02(2)(aaa) Consumer and Commercial
Products; 391-3-1-.02(5) Open Burning; 391-3-1-.02(2)(ff) Solvent Metal
Cleaning; 391-3-1-.02(7) Prevention of Significant Deterioration; 391-
3-1-.03 Permits. Amended.
Included in this submittal were revisions to 391-3-1-.03(9) Permit
Fees, 391-3-1-.03(10) Title V Operating Permits, and 391-3-1-.03(11)
Permit by Rule. EPA is not taking action on these rules at this time as
they will be acted upon in a separate action.
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 E.O. 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
Conditional SIP Approval Actions
Conditional approvals of SIP submittals under section 110 and
subchapter I, part D of the CAA do not create any new requirements but
simply approve requirements that the State is already imposing.
Therefore, because the Federal SIP approval does not impose any new
requirements, I certify that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a 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) and 7410(k)(3).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing requirements nor does it substitute a new Federal requirement.
C. 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
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
[[Page 48033]]
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.
Dated: August 29, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
[FR Doc. 97-24241 Filed 9-11-97; 8:45 am]
BILLING CODE 6560-50-P
