[Federal Register Volume 60, Number 225 (Wednesday, November 22, 1995)]
[Rules and Regulations]
[Pages 57836-57837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28385]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[GA-95-01; FRL-5333-7]


Clean Air Act Final Interim Approval of Operating Permits 
Program; Georgia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating interim approval of the Operating 
Permits Program submitted by the Georgia Department of Natural 
Resources, Environmental Protection Division for the purpose of 
complying with Federal requirements for an approvable State program to 
issue operating permits to all major stationary sources, and to certain 
other sources.

EFFECTIVE DATE: December 22, 1995.

ADDRESSES: Copies of the State's submittal and other supporting 
information used in developing the final interim approval are available 
for inspection during normal business hours at the following location: 
U.S. Environmental Protection Agency, Region 4, 345 Courtland Street 
NE., Atlanta, Georgia 30365, on the 3rd floor of the Tower Building. 
Interested persons wanting to examine these documents, contained in EPA 
docket number GA-95-01, should make an appointment at least 24 hours 
before the visiting day.

FOR FURTHER INFORMATION CONTACT: Yolanda Adams, Title V Program 
Development Team, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 
345 Courtland Street, NE., Atlanta, Georgia 30365, (404) 347-3555, Ext. 
4149.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Introduction

    Title V of the 1990 Clean Air Act Amendments (sections 501-507 of 
the Clean Air Act (``the Act'')), and implementing regulations at 40 
Code of Federal Regulations (CFR) part 70 require that states develop 
and submit operating permits programs to EPA by November 15, 1993, and 
that EPA act to approve or disapprove each program within one year 
after receiving the submittal. EPA's program review occurs pursuant to 
section 502 of the Act and the part 70 regulations, which together 
outline criteria for approval or disapproval. Where a program 
substantially, but not fully, meets the requirements of part 70, EPA 
may grant the program interim approval for a period of up to 2 years. 
If EPA has not fully approved a program by November 15, 1995, or by the 
end of an interim program, it must establish and implement a Federal 
program.
    On September 26, 1995, EPA proposed interim approval of the 
operating permits program for the State of Georgia. See 60 FR 49533. 
The September 26, 1995 notice also proposed approval of Georgia's 
interim mechanism for implementing section 112(g) and for delegation of 
section 112 standards as promulgated. EPA did not receive any comments 
on the proposal. In this action, EPA is promulgating interim approval 
of Georgia's operating permits program, and approving the section 
112(g) and section 112(l) mechanisms noted above.

II. Final Action and Implications

A. Title V Operating Permits Program

    The EPA is promulgating interim approval of the operating permits 
program submitted by the State of Georgia on November 12, 1993, and 
supplemented on June 24, 1994; November 14, 1994; and June 5, 1995. 
Georgia's program substantially, but not fully, meets the requirements 
of part 70 and meets the interim approval requirements under 40 CFR 
70.4. The State must make the following changes to receive full 
approval: (1) Revise Rule 391-3-1(10)(d)1.(ii) to provide for the 
notification requirements and permit shield extension found in 
Sec. 70.4(b)(12)(iii); and (2) correct all deficiencies in its 
insignificant activities regulation.
    The scope of the State's part 70 program approved in this notice 
applies to all part 70 sources (as defined in the approved program) 
within the State of Georgia, except any sources of air pollution over 
which an Indian Tribe has jurisdiction. See, e.g., 59 FR 55813, 55815-
18 (Nov. 9, 1994). The term ``Indian Tribe'' is defined under the Act 
as ``any Indian tribe, band, nation, or other organized group or 
community, including any Alaska Native village, which is Federally 
recognized as eligible for the special programs and services provided 
by the United States to Indians because of their status as Indians.'' 
See section 302(r) of the CAA; see also 59 FR 43956, 43962 (Aug. 25, 
1994); 58 FR 54364 (Oct. 21, 1993). 

[[Page 57837]]

    This interim approval, which may not be renewed, extends until 
December 22, 1997. During this interim approval period, the State of 
Georgia is protected from sanctions, and EPA is not obligated to 
promulgate, administer and enforce a Federal operating permits program 
in the State. Permits issued under a program with interim approval have 
full standing with respect to part 70, and the one-year time period for 
submittal of permit applications by subject sources begins upon the 
effective date of this interim approval, as does the 3-year time period 
for processing the initial permit applications.
    If the State fails to submit a complete corrective program for full 
approval by June 23, 1997, EPA will start an 18-month clock for 
mandatory sanctions. If Georgia then fails to submit a corrective 
program that EPA finds complete before the expiration of that 18-month 
period, EPA will be required to apply one of the sanctions in section 
179(b) of the Act, which will remain in effect until EPA determines 
that Georgia has corrected the deficiency by submitting a complete 
corrective program. Moreover, if the Administrator finds a lack of good 
faith on the part of the State, both sanctions under section 179(b) 
will apply after the expiration of the 18-month period until the 
Administrator determined that Georgia had come into compliance. In any 
case, if, six months after application of the first sanction, Georgia 
still has not submitted a corrective program that EPA has found 
complete, a second sanction will be required.
    If EPA disapproves Georgia's complete corrective program, EPA will 
be required to apply one of the section 179(b) sanctions on the date 18 
months after the effective date of the disapproval, unless prior to 
that date the State has submitted a revised program and EPA has 
determined that it corrected the deficiencies that prompted the 
disapproval. Moreover, if the Administrator finds a lack of good faith 
on the part of the State, both sanctions under section 179(b) shall 
apply after the expiration of the 18-month period until the 
Administrator determines that Georgia has come into compliance. In all 
cases, if, six months after EPA applies the first sanction, the State 
has not submitted a revised program that EPA has determined corrects 
the deficiencies, a second sanction will be required.
    In addition, discretionary sanctions may be applied where warranted 
any time after the expiration of an interim approval period if Georgia 
has not timely submitted a complete corrective program or EPA has 
disapproved its submitted corrective program. Moreover, if EPA has not 
granted full approval to Georgia's program by the expiration of this 
interim approval and that expiration occurs after November 15, 1995, 
EPA must promulgate, administer and enforce a Federal permits program 
for the State upon interim approval expiration.

B. Preconstruction Permit Program Implementing Section 112(g)

    EPA is approving the use of Georgia's preconstruction review 
program found in Rule 391-3-1-.03 as a mechanism to implement section 
112(g) during the transition period between promulgation of EPA's 
section 112(g) rule and Georgia's adoption of rules specifically 
designed to implement section 112(g). This approval is limited to the 
implementation of the 112(g) rule and is effective only during any 
transition time between the effective date of the 112(g) rule and the 
adoption of specific rules by Georgia to implement 112(g). The duration 
of this approval is limited to 18 months following promulgation by EPA 
of section 112(g) regulations, to provide the State with adequate time 
to adopt regulations consistent with Federal requirements.

C. Program for Delegation of Section 112 Standards as Promulgated

    Requirements for approval, specified in 40 CFR 70.4(b), encompass 
section 112(l)(5) requirements for approval of a program for delegation 
of section 112 standards as promulgated by EPA as they apply to part 70 
sources. Section 112(l)(5) requires that the State's program contain 
adequate authorities, adequate resources for implementation, and an 
expeditious compliance schedule, which are also requirements under part 
70. Therefore, the EPA is also promulgating approval under section 
112(l)(5) and 40 CFR 63.91 of Georgia's program for receiving 
delegation of section 112 standards and programs that are unchanged 
from Federal rules as promulgated. In addition, EPA is approving the 
delegation of all existing standards and programs under 40 CFR parts 61 
and 63. This program for delegation applies to both part 70 sources and 
non-part 70 sources.

III. Administrative Requirements

A. Docket

    Copies of the State's submittal and other information relied upon 
for the final interim approval are contained in docket number GA-95-01 
maintained at the EPA Regional Office. The docket is an organized and 
complete file of all the information submitted to, or otherwise 
considered by, EPA in the development of this final interim approval. 
The docket is available for public inspection at the location listed 
under the ADDRESSES section of this document.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's actions under section 502 of the Act do not create any 
new requirements, but simply address operating permits programs 
submitted to satisfy the requirements of 40 CFR part 70. Because this 
action does not impose any new requirements, it does not have a 
significant impact on a substantial number of small entities.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: November 2, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Appendix A to part 70 is amended by adding the entry for Georgia 
in alphabetical order to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Georgia

    (a) The Georgia Department of Natural Resources submitted on 
November 12, 1993, and supplemented on June 24, 1994; November 14, 
1994; and June 5, 1995; interim approval effective on December 22, 
1995; interim approval expires December 22, 1997.
    (b) (Reserved)
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[FR Doc. 95-28385 Filed 11-21-95; 8:45 am]
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