[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3819-3821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1845]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[GA-21-3-6481a; FRL-5319-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct 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 September 9, 
1992, for the purpose of implementing the following programs within the 
Atlanta ozone nonattainment area: emission statement program for 
stationary sources, Stage II Gasoline Vapor Control revisions with SIP 
narrative and transfer of the existing Georgia Department of Public 
Safety's Inspection and Maintenance (I/M) program regulations to the 
Georgia Department of Natural Resources. The submitted revisions meet 
the November 15, 1992, plan requirements for nonattainment areas of the 
Clean Air Act as amended in 1990 (CAA). The revisions were submitted 
for the Atlanta ozone nonattainment area.

DATES: This final rule is effective April 2, 1996 unless adverse or 
critical comments are received by March 4, 1996. 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 Alan 
Powell 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 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: Alan Powell, Regulatory Planning and 
Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is 
404/347-3555, extension 4209. Reference file GA-21-3-6481.

SUPPLEMENTARY INFORMATION: The air quality planning and SIP 
requirements for ozone 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 ozone nonattainment areas. 
Section 182(a) sets out requirements applicable in subsections (b), 
(c), (d), and (e) to all other ozone nonattainment areas. On November 
13, 1992, Georgia submitted a SIP package to address these 
requirements. The submittal contained regulations relating to emissions 
statements, new source review, enhanced motor vehicle inspection 
committal SIP, Stage II vapor recovery, the small business assistance 
program (SBAP) and non-control technology guidance (non-CTG) Reasonably 
Available Control Techniques (RACT). The new source review, non-CTG 
RACT, SBAP and I/M committal SIP portions of this package will be 
processed as separate Federal 

[[Page 3820]]
Register notices. The following summarize the applicable revisions 
addressing emission statements, revision to the I/M program which 
transfer authority to the Georgia Environmental Protection Division 
from the Georgia Department of Motor Vehicles and Stage II vapor 
recovery.
    391-3-1-.02(6)(a)4.--Emission Statements. This is a new rule which 
requires annual emission statements from owners and operators of 
stationary sources of nitrogen oxides (NOX) and/or VOCs which emit 
greater than or equal to 25 tons per calendar year of either pollutant 
in the Atlanta ozone nonattainment area. Among the requirements in 
section 182(a) is a program in paragraph (3) of that subsection for 
stationary sources to prepare and submit to the State each year 
emission statements showing actual emissions of VOC and NOX. The 
emission statement must contain a certification that the information 
contained in the statement is accurate to the best knowledge of the 
individual certifying the statement.
    The CAA requires applicable facilities (25 tons per year (tpy) and 
greater of VOC and NOX) to submit the emission statements to the 
State within three years after November 15, 1990, and annually 
thereafter. The Georgia emission statement rule, submitted on November 
13, 1992, requires applicable sources to submit an emissions statement 
to the GA EPD beginning March of 1993, and the emission statements 
submitted will be certified correct as required by the CAA. The 
emission statement rule submitted by GA EPD meets all applicable 
requirements of the CAA.
    391-3-10--Inspection and Maintenance. This chapter adopts, with 
various minor changes, the Georgia Department of Public Safety's I/M 
rules as GA EPD rules, reflecting the transfer of responsibility for 
the program contained in the Georgia Motor Vehicle I/M Act. This rule 
will not significantly change the operation of the existing I/M 
program.
    391-3-1-.02(2)(zz)--Gasoline Dispensing Facilities--Stage II. The 
provisions required for serious ozone nonattainment areas include a 
requirement for owners or operators of gasoline dispensing systems to 
install and operate vapor recovery equipment at their facilities. The 
CAA specifies that the state regulations must apply to any facility 
that dispenses more than 10,000 gallons of gasoline per month or, in 
the case of an independent small business marketer (ISBM), any facility 
that dispenses more than 50,000 gallons of gasoline per month. Section 
324 of the CAA defines an ISBM. The State definition of ISBM is 
consistent with the definition in the CAA.
    The CAA specifies the time by which certain facilities must comply 
with the State regulation. For facilities that are not owned or 
operated by an ISBM, these times, calculated from the time of State 
adoption of the regulation, are: (1) 6 months for facilities for which 
construction began after November 15, 1990, (2) 1 year for facilities 
that dispense greater than 100,000 gallons of gasoline per month, and 
(3) by November 15, 1994, for all other facilities. For ISBM's, section 
324(a) of the CAA provides that the time periods may be: (1) 33 percent 
of the facilities owned by an ISBM by the end of the first year after 
the regulations take effect; (2) 66 percent of such facilities by the 
end of the second year; and (3) 100 percent of such facilities after 
the third year.
    Consistent with EPA's guidance, the State requires that Stage II 
systems be tested and certified to meet a 95 percent emission reduction 
efficiently by using a system approved by the California Air Resources 
Board (CARB). The State requires sources to verify proper installation 
and function of Stage II equipment through use of a liquid blockage 
test and a leak test prior to system operation and every five years or 
upon major modification of a facility (i.e., 75 percent or more 
equipment change). The State has also established an inspection program 
consistent with that described in EPA's guidance and has established 
procedures for enforcing violations of the Stage II requirements.
    Pursuant to the CAA, Georgia is required to adopt specific air 
quality control rules and incorporate them into the Georgia SIP. On 
November 13, 1992, the State of Georgia through the GA EPD submitted 
the required November 15, 1992, regulations to EPA for approval and 
incorporation into the Georgia SIP. EPA has evaluated the State's 
submittal for consistency with the CAA, EPA regulations, and EPA 
policy. EPA has determined that the rules addressed in this notice meet 
all of the CAA requirements and is approving under section 110(k)(3), 
the following regulations within Georgia's SIP Air Quality Control 
Rules, Chapter 391-3-1, and Rules for Inspection and Maintenance, 
Chapter 391-3-10. The regulations apply within the thirteen (13) county 
Atlanta ozone nonattainment area.

Recodification

    EPA is additionally approving several minor recodification 
revisions in response to the recent amendments to the Georgia Air 
Quality Act. The Georgia Air Quality Act contains the necessary 
authority to adopt the Georgia SIP revisions pursuant to the 
requirements of the CAA.
    EPA has not reviewed the substance of all of these regulations at 
this time. These rules were approved into the State implementation plan 
in previous rulemakings. The EPA is now merely approving the 
renumbering system submitted by the State. The EPA's approval of the 
renumbering system, at this time, does not imply any position with 
respect to the approvability of the substantive rules. To the extent 
EPA has issued any SIP calls to the State with respect to the adequacy 
of any of the rules subject to this recodification, EPA will continue 
to require the State to correct any such rule deficiencies despite 
EPA's approval of this recodification.

Final Action

    EPA is approving these revisions because they meet the requirements 
of EPA and the CAA. This action is being taken 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 
April 2, 1996, unless, by March 4, 1996, 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 the separate 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 April 2, 1996.
    Under section 307(b)(1) of the Act, 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 April 2, 1996. 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 

[[Page 3821]]
enforce its requirements. (See section 307(b)(2) of the Act, 42 U.S.C. 
7607(b)(2).)
    The OMB has exempted these actions from review under Executive 
Order 12866.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a 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.
    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 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) and 7410(k)(3).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Incorporation by reference, 
Lead, Ozone, Nitrogen oxides, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: September 18, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    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. 7401-7671q.

Subpart L--Georgia

    2. Section 52.570 is amended by adding paragraph (c) (44) to read 
as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (c) * * *
    (44) Revisions to the Georgia State Implementation Plan; Chapter 
391-3-1 and Chapter 391-3-10 of the Georgia Department of Natural 
Resources Administrative Code which were submitted to EPA on November 
13, 1992.
    (i) Incorporation by reference.
    (A) Georgia Department of Natural Resources Air Quality Rules 
submitted by the Georgia Department of Natural Resources, Environmental 
Protection Division for inclusion in the Georgia state implementation 
plan which were adopted on October 28, 1992, are as follows:

391-3-1-.05, 391-3-1-.09, 391-3-1-.10, 391-3-1-.02(2)(zz), 391-3-1-
.02(6)(a)4., 391-3-1-.03(5), 391-3-1-.03(6)(h), 391-3-10.01(d)(e), 
391-3-10-.04(d), 391-3-10-.07(2), 391-3-10-.10(b), 391-3-10-.12, 
391-3-10-.24(11), 391-3-10-.30(1), 391-3-10-.30(2).

    (ii) Other material. None.
* * * * *
[FR Doc. 96-1845 Filed 2-1-96; 8:45 am]
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