[Federal Register: May 9, 2005 (Volume 70, Number 88)]
[Rules and Regulations]
[Page 24310-24314]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09my05-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[R04-OAR-2005-GA-0004-200504(a); FRL-7909-3]
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 the State Implementation Plan (SIP)
revisions submitted by the State of Georgia, through the Georgia
Environmental Protection Division (GAEPD), on March 15, 2005. These
revisions pertain to Georgia's rules for Air Quality Control. These
revisions were the subject of a public hearing held on March 18, 2004,
adopted by the Board of Natural Resources on April 28, 2004, and became
effective on July 8, 2004. On September 26, 2003, EPA published a final
rule in the Federal Register (see 68 FR 55469) reclassifying the
Atlanta 1-hour ozone nonattainment area from serious to severe. These
revisions satisfy the additional requirements for severe 1-hour ozone
nonattainment areas.
DATES: This direct final rule is effective July 8, 2005 without further
notice, unless EPA receives adverse comment by June 8, 2005. If adverse
comment is 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: Submit your comments, identified by Regional Material in
EDocket (RME) ID No. R04-OAR-2005-GA-0004, by one of the following
methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the on-line instructions for submitting comments.
3. E-mail: martin.scott@epa.gov.
4. Fax: (404) 562-9019.
5. Mail: ``R04-OAR-2005-GA-0004'', Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
6. Hand Delivery or Courier. Deliver your comments to: Scott M.
Martin, Regulatory Development Section, Air Planning Branch, Air,
Pesticides and Toxics Management Division 12th floor, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during
the Regional Office's normal hours of operation. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
Instructions: Direct your comments to RME ID No. R04-OAR-2005-GA-
0004. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information
[[Page 24311]]
whose disclosure is restricted by statute. Do not submit information
that you consider to be CBI or otherwise protected through RME,
regulations.gov, or e-mail. The EPA RME Web site and the federal
regulations.gov Web site are ``anonymous access'' systems, which means
EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically in RME
or in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is (404) 562-9036. Mr. Martin can also be reached via electronic mail
at martin.scott@epa.gov.
SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in
this document refers to EPA.
Table of Contents
I. General Information
II. Background
III. Analysis of State's Submittal
IV. Final Action
V. Statutory and Executive Order Reviews
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in Regional Material in EDocket, and the
hard copy available at the Regional Office, which are identified in the
ADDRESSES section above, copies of the State submittal and EPA's
technical support document are also available for public inspection
during normal business hours, by appointment at the State Air Agency.
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural Resources, 4244 International Parkway,
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.
II. Background
The EPA is approving the SIP revisions submitted by the State of
Georgia, through the GAEPD, on March 15, 2005. These revisions pertain
to Georgia's rules for Air Quality Control. These revisions were the
subject of a public hearing held on March 18, 2004, adopted by the
Board of Natural Resources on April 28, 2004, and became State
effective on July 8, 2004. These revisions satisfy the additional
requirements for severe 1-hour ozone nonattainment areas required as a
result of the final rule published by EPA on September 26, 2003, in the
Federal Register (see 68 FR 55469) reclassifying the Atlanta 1-hour
ozone nonattainment area from serious to severe.
As a result of the Atlanta 1-hour ozone nonattainment area being
reclassified to severe, GAEPD was required to submit a SIP revision
addressing the additional requirements for severe areas pursuant to
section 182(d) of the CAA. Those requirements are addressed below. The
Atlanta 1-hour severe ozone nonattainment area (Atlanta area) includes
the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and
Rockdale.
III. Analysis of State's Submittal
Under section 182(d) of the CAA, states with severe ozone
nonattainment areas are required to revise their rules to include (1) a
reduction in the major stationary source threshold for volatile organic
compounds (VOC) and nitrogen oxides (NOX) to 25 tons per
year from 50 tons per year; (2) additional reasonably available control
technology (RACT) rules for sources subject to the new lower major
source applicability threshold; and (3) an increase in the New Source
Review (NSR) offset requirement to at least 1.3 to 1 from the serious
area requirement of 1.2 to 1. EPA has reviewed the State's revised
rules and have found them to be consistent with the requirements of CAA
section 182(d), thus the Agency is approving these revised rules into
the Georgia SIP. A summary of the revised rules follows:
Rule 391-3-1-.02, subparagraph (2)(yy): ``Emissions of Nitrogen
Oxides from Major Sources,'' is being amended to lower the
applicability threshold from 50 to 25 tons per year for sources located
in the Atlanta area. Existing sources with NOX emissions
between 25 and 50 tons per year must adopt RACT to reduce those
emissions over 25 tons per year according to a schedule set forth in
the amended rule.
Rule 391-3-1-.03, subparagraph (6)(g): ``Permit Exemptions--
Pollution Control Facilities--Municipal Solid Waste Landfills,'' is
being amended to reduce the permit exemption threshold for municipal
solid waste landfills from 50 to 25 tons of NOX per year.
Rule 391-3-1-.03, subparagraph (8)(c)13: ``Permit Requirements--
Additional Provisions for Ozone Nonattainment Areas,'' is being amended
to require newly constructed major sources, as well as modifications to
existing major sources that result in emissions increases of VOC or
NOX exceeding 25 tons per year, to offset those new
emissions by obtaining enforceable emission reductions from other
sources located within the nonattainment area at a ratio of 1.3 to 1
consistent with the NSR requirements for severe ozone nonattainment
areas.
Rule 391-3-1-.03, subparagraph (11)(b)1: ``Permit by Rule
Standards--Fuel-Burning Equipment Burning Natural Gas/LPG and/or
Distillate Oil,'' is being amended. This rule currently allows certain
fuel-burning facilities to avoid Title V permitting requirements
provided they meet annual fuel usage limits and maintain records as
specified in the rule. As a result of the Atlanta 1-hour ozone
nonattainment area's reclassification, the proposed annual fuel usage
limits are being lowered to allow fuel-burning equipment to utilize a
mixture of distillate fuel oil and natural gas or Liquid Petroleum Gas
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(LPG) while keeping NOX emissions at approximately 80% of
the new major source threshold. The amended rule limits those affected
sources located in the Atlanta area to usage of 300 (from 450) million
cubic feet of natural gas or 1.5 (from 3.5) million gallons of LPG and
500,000 (from 800,000) gallons of distillate oil during any twelve
consecutive months. The revised rule also requires affected sources in
those counties to submit a new written certification of compliance with
the revised rule by no later than October 31, 2004.
Rule 391-3-1-.03, subparagraph (11)(b)2: ``Permit by Rule
Standards--Fuel-Burning Equipment Burning Natural Gas/LPG and/or
Residual Oil,'' is being amended to reduce the annual fuel usage limits
to correspond to the reduction in major source threshold from 50 to 25
tons per year. The proposed annual fuel usage limits are designed to
allow fuel-burning equipment to utilize a mixture of residual fuel oil
and natural gas or LPG while keeping NOX emissions at
approximately 80% of the new major source threshold. The amended rule
limits those affected sources located in the Atlanta area to usage of
300 (from 400) million cubic feet of natural gas or 1.5 (from 3.2)
million gallons of LPG) and 200,000 (from 400,000) gallons of residual
oil during any twelve consecutive months, and requires affected sources
in those counties to submit a new written certification of compliance
with the revised rule by no later than October 31, 2004.
Rule 391-3-1-.03, subparagraph (11)(b)3: ``Permit by Rule
Standards--On-Site Power Generation,'' is being amended to reduce
annual fuel usage limits to correspond to the reduction in major source
threshold from 50 to 25 tons per year. The amended rule limits those
affected sources located in the Atlanta area to production of 1.675
(from 3.35) million horsepower-hours during any twelve consecutive
months, and requires affected sources in those counties to submit a new
written certification of compliance with the revised rule by no later
than October 31, 2004.
Rule 391-3-1-.03, subparagraph (11)(b)5: ``Permit by Rule
Standards--Hot Mix Asphalt Plants,'' is being amended to reduce the
annual fuel usage limits to correspond to the reduction in major source
threshold from 50 to 25 tons per year. The current statewide Permit by
Rule limits are intended to keep SO2 emissions below the 100 ton per
year major source threshold. This rule amendment adds new provisions
for asphalt plants located within the 13-county Atlanta 1-hour Ozone
Nonattainment Area so that their NOX emissions will not
exceed 80% of the new major source threshold. The amended rule limits
those affected sources located in the Atlanta area to production of
300,000 (from 400,000) tons of asphalt per 12 consecutive months at
``new'' (i.e., constructed or modified after June 11, 1973) plants that
are permitted to burn natural gas/LPG and/or distillate oil only. The
amended rule limits new and existing asphalt plants in the 13-county
Atlanta 1-hour ozone nonattainment area that are permitted to burn
natural gas/LPG, distillate oil, and residual oil in any combination,
to production of 125,000 (from 200,000) tons of asphalt per 12
consecutive months. Those facilities permitted to burn oil in any
combination will be limited to usage of 250,000 (from 678,000) gallons
of oil per 12 consecutive months. The current limit on fuel oil sulfur
content of 1.5 percent remains unchanged. Affected sources in the 13-
county Atlanta 1-hour ozone nonattainment area will be required to
submit a new written certification of compliance with the revised rule
by no later than October 31, 2004.
Rule 391-3-1-.03, subparagraph (13)(d)1: ``Emission Reduction
Credits--Discounting and Revocation of Emission Reduction Credits,'' is
being amended. Under the previous rule, sources subject to this rule
were allowed to bank emission credits that had been created by actual,
enforceable reductions in emissions at a facility. Subparagraph
(d)(1)(i)(II) of the previous rule provided for discounting (by 20%)
emission reduction credits created at facilities located in the Atlanta
area that have potential emissions of VOC and/or NOX that
are above the rule applicability threshold of 25 tons per year, but
less than the serious area major source threshold of 50 tons per year.
As a result of the Atlanta 1-hour ozone nonattainment area's
reclassification from serious to severe, all sources in the area of VOC
and NOX that emit at least 25 tons per year will no longer
be able to bank credits for any emissions of VOC and/or NOX
exceeding the severe area threshold.
IV. Final Action
EPA is approving the aforementioned changes to the Georgia SIP
because they are consistent with the Clean Air Act and Agency
requirements. 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 July 8,
2005 without further notice unless the Agency receives adverse comments
by June 8, 2005.
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 July 8, 2005 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the
[[Page 24313]]
Federal Government and Indian tribes, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action also does not have
Federalism implications because it does not have substantial direct
effects on the 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 13132 (64 FR 43255, August 10, 1999). This action
merely approves a state rule implementing a Federal standard, and does
not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This rule also is
not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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 action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 July 8, 2005. 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,
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.
Dated: April 29, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended
as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
0
2. Section 52.570(c), is amended by revising entries for: ``391-3-
1-.02(2)(yy) Emissions of Nitrogen Oxides from Major Sources'' and
``391-3-1-.03 Permits'' to read as follows:
Sec. 52.570 Identification of plan.
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(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-.02(2)(yy)............... Emissions of Nitrogen 7/8/2004 5/9/2005 [Insert first page number
Oxides from Major Sources. of publication].
* * * * * * *
391-3-1-.03...................... Permits.................... 7/8/2004 5/9/2005 [Insert first page number
of publication].
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[FR Doc. 05-9215 Filed 5-6-05; 8:45 am]
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