[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3817-3819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1928]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[GA-28-1-6955a; GA-30-1-7009a; FRL-5318-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This action approves revisions to the Georgia State 
Implementation Plan (SIP) submitted by the Georgia Department of 
Natural Resources, Environmental Protection Division (GA EPD) on June 
24 and November 15, 1994, for the purpose of realphabetizing and 
updating definitions, updating volatile organic compounds (VOCs) 
reasonably available control technology (RACT) rules, stationary source 
monitoring and testing procedures, and regulations for the prevention 
of significant deterioration of air quality (PSD). The SIP revisions 
are consistent with requirements of the Clean Air Act as amended in 
1990 (CAA).

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 Laura 
Thielking 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 

[[Page 3818]]
Resources, 4244 International Parkway, Suite 120, Atlanta, Georgia 
30354.

FOR FURTHER INFORMATION CONTACT: Laura Thielking, 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, X4210. Reference files GA-28-1-6955 and GA-30-1-7009.

SUPPLEMENTARY INFORMATION: On June 24, 1994, the State of Georgia 
through the Georgia Environmental Protection Division submitted SIP 
revisions to EPA Region 4, and additional revisions were submitted on 
November 15, 1994. These submittals contain changes pursuant to 
requirements of part D of Title I of the CAA with regard to 
nonattainment areas; part A, section 114, pertaining to source 
monitoring; and part C, regarding PSD.
    Specifically, Georgia submitted, and EPA is approving, the 
following revisions.

391-3-1-.01  Definitions

    Revised definition of Potential to Emit, (www); Opacity, (ss); Part 
70 Permit, (ww); Reid Vapor Pressure, (iii); Synthetic Minor Permit, 
(cccc); and Total Reduced Sulfur (TRS), (eeee). Re-alphabetized all of 
the definitions to be consistent with EPA definitions, to correct 
errors, and to simplify finding definitions.

391-3-1-.02(2)  Emission Standards

    Subsection (2)(t), VOC Emissions from Automobile and Light-Duty 
Truck Manufacturing, has been revised and subsections (2)(ccc), VOC 
Emissions from Bulk Mixing Tanks, and (2)(eee), VOC Emissions from 
Expanded Polystyrene Products Manufacturing, have been added to include 
new VOC emission limitations to specify RACT for certain industrial 
categories. The reference given for the procedure for determining leaks 
in subsection (2)(hh), Petroleum Refinery Equipment Leaks, is revised 
to cite the present form of the test method. This will bring the 
reference up to date. These revisions are consistent with the CAA.

391-3-1-.02(3)  Sampling and 391-3-1-.02(6) Source Monitoring

    Subparagraphs (3)(a), (6)(a), and (6)(b) were revised to reference 
the methods specified in the Georgia Department of Natural Resources 
Manual of Procedures for Testing and Monitoring Sources of Air 
Pollutants, dated September 1, 1994. The revised manual has been 
reviewed and meets EPA requirements.

391-3-1-.02(7)  Prevention of Significant Deterioration of Air Quality 
(PSD)

    Paragraph (7) is amended to incorporate by reference the PSD rules 
in 40 CFR Part 52.21 as amended. This revision incorporates the changes 
to the rules published on June 3, 1993 [58 FR 31637] and July 20, 1993 
[58 FR 38883]. The action effective on June 3, 1993, revised the 
maximum allowable increases (increments) for particulate matter (PM) 
under the requirements for PSD. The July 20, 1993, revision updated the 
'Guideline on Air Quality Models (Revised)' (1986), as modified by 
Supplement A (1987) by adding new models, improving existing models and 
incorporating Supplement B (1993). This action also set the Guideline, 
revised by Supplements A and B, as appendix W to 40 CFR part 51.

Final Action

    EPA is approving the plan revisions submitted by the State of 
Georgia on June 24 and November 15, 1994, listed in the SUPPLEMENTARY 
INFORMATION section of this notice.
    The EPA is publishing this action without a prior proposal for 
approval 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 revisions 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 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 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 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 for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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. section 7410(a)(2) and 7410(k)(3).
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules 

[[Page 3819]]
that include a Federal mandate that may result in estimated costs of 
$100 million or more to the private sector, or to State, local, or 
tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the revisions provided for under section 114, part C, 
and part D of Title I of the CAA. These rules may bind State, local and 
tribal governments to perform certain actions and also require the 
private sector to perform certain duties. To the extent that the rules 
being approved by this action will impose no new requirements, since 
such sources are already subject to these regulations under State law. 
Accordingly, no additional costs to State, local, or tribal 
governments, or to the private sector, result from this action, and 
therefore there will be no significant impact on a substantial number 
of small entities. EPA has also determined that this final action does 
not include a mandate that may result in estimated costs of $100 
million or more to State, local, or tribal governments in the aggregate 
or to the private sector.

List of Subjects in 40 CFR Part 52

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

    Dated: September 29, 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. 7401-7671(q).

Subpart L--Georgia

    2. Section 52.570, is amended by adding paragraph (c) (47) to read 
as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (c) * * *
    (47) Chapter 391-3-1-.01, .02(2), and .02(7), of the Georgia 
Department of Natural Resources Rules for Air Quality Control, 
submitted on June 24, 1994, and November 15, 1994. Change to Chapters 
391-3-1-.02(3) and 391-3-1-.02(6) to reference a new version of the 
Georgia Department of Natural Resources Manual of Procedures for 
Testing and Monitoring Sources of Air Pollutants, submitted on November 
15, 1994.
    (i) Incorporation by reference.
    (A) The following revised Rules of the Georgia Department of 
Natural Resources, Chapter 391-3-1, Air Quality Control, became State 
effective on June 13, 1994:

391-3-1-.02(2)(hh)(iii);
391-3-1-.02(7);

    (B) The following revised Rules of the Georgia Department of 
Natural Resources, Chapter 391-3-1, Air Quality Control, became State 
effective on November 20, 1994:

391-3-1-.01;
391-3-1-.02(2)(t);
391-3-1-.02(2)(ccc);
391-3-1-.02(2)(eee);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)2.(v)(I);
391-3-1-.02(6)(a)2.(vii)(I);
391-3-1-.02(6)(a)2.(vii)(II)I.;
391-3-1-.02(6)(b)1.(vi)

    (ii) Other material. None.
* * * * *
[FR Doc. 96-1928 Filed 2-1-96; 8:45 am]
BILLING CODE 6560-50-P