[Federal Register Volume 59, Number 172 (Wednesday, September 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21953]


[[Page Unknown]]

[Federal Register: September 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[GA-23-1-6346a; FRL-5066-1]

 

Approval and Promulgation of Implementation Plans Georgia: 
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action approves revisions to the Georgia State 
Implementation Plan (SIP) adopted by the Georgia Department of Natural 
Resources, Environmental Protection Division (GA EPD) on November 17, 
1993, for the purpose of implementing a program of Photochemical 
Assessment Monitoring Stations (PAMS). This program is required in all 
ozone (O3) nonattainment areas designated as serious, severe, or 
extreme. The submitted revisions meet the plan requirements for serious 
nonattainment areas of the Clean Air Act as amended in 1990 (CAA). The 
revisions were submitted by the State of Georgia through the GA EPD for 
the Atlanta O3 nonattainment area.
DATES: This final rule will be effective November 7, 1994 unless 
adverse or critical comments are received by October 7, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments on this action should be addressed to Scott 
Southwick, at the EPA Regional Office listed.
    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 IV Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
    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 Southwick, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365, The telephone number is 
404/347-2864. Reference file GA-23-1-6346.

SUPPLEMENTARY INFORMATION: The CAA provides for classification of 
O3 nonattainment areas according to the severity of their O3 
problem. On January 6, 1991, the thirteen (13) county Atlanta area was 
classified as a serious O3 nonattainment area and required to meet 
all of the nonattainment requirements of the CAA for serious areas. 
Pursuant to the CAA, Georgia is required to adopt specific air quality 
control rules and incorporate them into the Georgia SIP.
    The air quality planning and SIP requirements for O3 
nonattainment and transport areas are set out in subparts I and II of 
part D of title I of the CAA. Section 182 of the CAA sets out a 
graduated control program for O3 nonattainment areas. Section 
182(c)(1) requires areas serious and above to adopt and implement an 
enhanced monitoring program. The program must require enhanced 
monitoring of ambient concentrations of O3, oxides of nitrogen 
(NOx) and volatile organic compounds (VOCs). Each SIP for a 
serious nonattainment area shall contain measures to improve the 
ambient monitoring of such air pollutants.
    On November 8, 1993, the State of Georgia submitted the Georgia SIP 
for PAMS and the Atlanta PAMS Network Description. The SIP submittal 
meets the criteria required by 40 CFR 58.20 as amended February 12, 
1993. In order to obtain more comprehensive and representative data on 
O3 air pollution, the Georgia SIP revision requires enhanced 
monitoring for O3, NOx, monitoring for speciated non-methane 
VOC's, carbonyl sampling, and meteorological measurements (wind 
direction, wind speed, relative humidity, temperature, barometric 
pressure, and solar radiation and upper air soundings). The monitoring 
is to be accomplished through the establishment of a standard, isolated 
network of five (5) PAMS.

Final Action

    EPA is approving the revision to the Georgia SIP requiring enhanced 
monitoring. This action is being taken without prior proposal because 
the EPA 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 November 7, 1994 unless, by October 7, 1994, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then 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 November 7, 1994.
    The EPA has reviewed this request for revision of the SIP for 
conformance with the provisions of the 1990 Amendments enacted on 
November 15, 1990. The EPA has determined that this action conforms 
with those requirements irrespective of the fact that the submittal 
preceded the date of enactment.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by November 
7, 1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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) 
of the CAA, 42 U.S.C. 7607 (b)(2)).
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a 
request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on EPA's request. This request continues in effect under Executive 
Order 12866 which superseded Executive Order 12291 on September 30, 
1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    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.

SIP Actions

    SIP approvals 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 regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).

List of Subjects in 40 CFR Part 52

    Air pollution control, Carbon monoxide, Hydrocarbons, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: August 24, 1994.
Joe R. Franzmathes,
Acting Regional Administrator.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart L--Georgia

    2. Section 52.582 is added to read as follows:


Sec. 52.582  Control strategy: Ozone.

    Approval--The Administrator approves the incorporation of the 
photochemical assessment ambient monitoring system submitted by Georgia 
on November 8, 1993, into the Georgia State Implementation Plan. This 
submittal satisfies 40 CFR 58.20(f) which requires the State to provide 
for the establishment and maintenance of photochemical assessment 
monitoring stations (PAMS).
[FR Doc. 94-21953 Filed 9-6-94; 8:45 am]
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