[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27494-27496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13117]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[GA-37-9811a; FRL-6003-8]
Approval and Promulgation of State Plans For Designated
Facilities and Pollutants: Georgia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the Sections 111(d) and 129 State Plan
submitted by the Georgia Department of Natural Resources (DNR) for the
State of Georgia on November 13, 1997, for implementing and enforcing
the Emissions Guidelines (EG) applicable to existing Municipal Waste
Combustors (MWCs) with capacity to combust more than 250 tons per day
of municipal solid waste (MSW).
DATES: This direct final rule is effective July 20, 1998 unless adverse
or critical comments are received by June 18, 1998. If the direct final
rule is withdrawn, timely notice will be published in the Federal
Register.
ADDRESSES: Written comments on this action should be addressed to Scott
M. Martin at the Environmental Protection Agency, Region 4 Air Planning
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of
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.
Reference file GA 37-9811a. The Region 4 office may have additional
background documents not available at the other locations.
Environmental Protection Agency, Region 4 Air Planning Branch, 61
Forsyth Street, SW, Atlanta, Georgia 30303-3104.
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 Davis at (404) 562-9127 or Scott
Martin at (404) 562-9036.
SUPPLEMENTARY INFORMATION:
I. Background
On December 19, 1995, pursuant to sections 111 and 129 of the Clean
Air Act (Act), EPA promulgated new source performance standards (NSPS)
applicable to new MWCs and EG applicable to existing MWCs. The NSPS and
EG are codified at 40 CFR Part 60, Subparts Eb and Cb, respectively.
See 60 FR 65387. Subparts Cb and Eb regulate the following: particulate
matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen,
carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
On April 8, 1997, the United States Court of Appeals for the
District of Columbia Circuit vacated Subparts Cb and Eb as they apply
to MWC units with capacity to combust less than or equal to 250 tons
per day of MSW (small MWCs), consistent with their opinion in Davis
County Solid Waste Management and Recovery District v. EPA, 101 F.3d
1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a
result, subparts Cb and Eb apply only to MWC units with individual
capacity to combust more than 250 tons per day of MSW (large MWC
units).
Under section 129 of the Act, EG are not Federally enforceable.
Section 129(b)(2) of the Act requires states to submit to EPA for
approval State Plans that implement and enforce the EG. State Plans
must be at least as protective as the EG, and become Federally
enforceable upon approval by EPA. The procedures for adoption and
submittal of State Plans are codified in 40 CFR Part 60, Subpart B. EPA
originally promulgated the Subpart B provisions on November 17, 1975.
EPA amended Subpart B on December 19, 1995, to allow the subparts
developed under section 129 to include specifications that supersede
the general provisions in Subpart B regarding the schedule for
submittal of State Plans, the stringency of the emission limitations,
and the compliance schedules. See 60 FR 65414.
This action approves the State Plan submitted by the Georgia DNR
for the State of Georgia to implement and enforce Subpart Cb, as it
applies to large MWC units only.
II. Discussion
The Georgia DNR submitted to EPA on November 13, 1997, the
following in their 111(d) and 129 State Plan for implementing and
enforcing the EG for existing MWCs under its direct jurisdiction in the
State of Georgia: Legal Authority; Inventory of MWC Plants/Units; MWC
Emissions Inventory; Emission Limits and Standards; Compliance
Schedule; Procedures for Testing and Monitoring Sources of Air
Pollutants, Demonstration That the Public Had Adequate Notice and
Opportunity to Submit Written Comments and Public Hearing Summary;
Submittal of Progress Reports to EPA; Federally Enforceable State
Operating Permit (FESOP) for the Savannah Energy Systems Company MWC
facility; Pollution Control Project review for the Savannah Energy
Systems Company MWC facility; and applicable State of Georgia statutes
and rules of the Georgia DNR. The Georgia DNR submitted its Plan after
the Court of Appeals vacated Subpart Cb as it applies to small MWC
units. Thus, the Georgia State Plan covers only large MWC units. As a
result of the Davis decision and subsequent vacatur order,
[[Page 27495]]
there are no EG promulgated under sections 111 and 129 that apply to
small MWC units. Accordingly, EPA's review and approval of the Georgia
State Plan for MWCs addresses only those parts of the Georgia State
Plan which affect large MWC units. Small units are not subject to the
requirements of the Federal Rule and not part of this approval. Until
EPA again promulgates EG for small MWC units, EPA has no authority
under section 129(b)(2) of the Act to review and approve State Plans
applying state rules to small MWC units.
The approval of the Georgia State Plan is based on finding that:
(1) the Georgia DNR provided adequate public notice of public hearings
for the proposed plan and the FESOP which allow the Georgia DNR to
implement and enforce the EG for large MWCs, and (2) the Georgia DNR
also demonstrated legal authority to adopt emission standards and
compliance schedules applicable to the designated facility; enforce
applicable laws, regulations, standards and compliance schedules; seek
injunctive relief; obtain information necessary to determine
compliance; require recordkeeping; conduct inspections and tests;
require the use of monitors; require emission reports of owners and
operators; and make emission data publicly available.
In Attachment A of the Plan, the Georgia DNR cites the following
references for the legal authority: State of Georgia Attorney General's
Opinion Regarding State Authority to Operate the Title V Operating
Permit Program; The Georgia Air Quality Act, Sections 12-9-1 through
12-9-25; The Rules of the Georgia Department of Natural Resources for
Air Quality Control, Chapter 391-3-1; the Georgia Natural Resources
Act; the Georgia Administrative Procedures Act; and the Official Code
of Georgia Annotated. These statutes and regulations are contained in
Attachments H, I, J, and K. On the basis of the Attorney General's
Opinion, the statutes, and rules of the State of Georgia, the State
Plan and FESOP are approved as being at least as protective as the
Federal requirements for existing large MWC units.
The Georgia DNR cites all emission standards and limitations for
the major pollutant categories as conditions in the FESOP for Savannah
Energy Systems, the only designated facility in the State of Georgia
subject to these standards and limitations. These standards and
limitations in the FESOP have been approved as being at least as
protective as the Federal requirements contained in Subpart Cb for
existing large MWC units.
The Georgia DNR submitted the compliance schedule for Savannah
Energy Systems, the only large MWC under its direct jurisdiction in the
State of Georgia. The FESOP contains conditions consistent with 40 CFR
Part 60, subparts B and Cb, specifications for compliance schedules.
This portion of the Plan and FESOP has been reviewed and approved as
being at least as protective as Federal requirements for existing large
MWC units.
In Attachment B, the Georgia DNR submitted an emissions inventory
of all designated pollutants for Savannah Energy Systems, the only
large MWC under their direct jurisdiction in the State of Georgia. This
portion of the Plan has been reviewed and approved as meeting the
Federal requirements for existing large MWC units.
The Georgia DNR includes its legal authority to require owners and
operators of designated facilities to maintain records and report to
its agency the nature and amount of emissions and any other information
that may be necessary to enable its agency to judge the compliance
status of the facilities in Attachment C of the State Plan and as
conditions in the FESOP for Savannah Energy Systems. The Georgia DNR
also cites its legal authority to provide for periodic inspection and
testing and provisions for making reports of MWC emissions data,
correlated with emission standards that apply, available to the general
public. In Attachment D of the State Plan, the Georgia DNR submitted
its Procedures for Testing and Monitoring Sources of Air Pollutants,
Section 2.2b for Municipal Waste Combustors, to support the
requirements of monitoring, recordkeeping, reporting, and compliance
assurance. These State of Georgia rules are contained in Attachments D,
H, I, J, and K of the Plan. This portion of the Plan and FESOP have
been reviewed and approved as being at least as protective as the
Federal requirements for existing large MWC units.
As stated on page A-3 of the Plan, the Georgia DNR will provide
progress reports of Plan implementation updates to the EPA on an annual
basis. These progress reports will include the required items pursuant
to 40 CFR 60, subpart B. This portion of the Plan has been reviewed and
approved as meeting the Federal requirement for State Plan reporting.
Final Action
EPA is approving the above referenced State Plan. EPA is publishing
this rule without prior proposal because the Agency views this as a
noncontroversial amendment 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 relevant adverse
comments be filed. This rule will be effective July 20, 1998 without
further notice unless the Agency receives relevant adverse comments by
June 18, 1998.
If the EPA receives such comments, then EPA will publish a timely
document withdrawing the final rule and informing the public that the
rule did 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 on the proposed rule.
Only parties interested in commenting on the proposed rule should do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on July 20, 1998 and no further action
will be taken on the proposed rule.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
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.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
B. Regulatory Flexibility Act
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.
State Plan approvals under section 111(d) and section 129(b)(2) of
the Clean Air Act 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
[[Page 27496]]
any new requirements, the Regional Administrator certifies that it does
not have a significant impact on any small entities affected.
C. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
private sector, of $100 million or more. Under Section 205, EPA must
select the most cost-effective and least burdensome alternative that
achieves the objectives of the rule and is consistent with statutory
requirements. Section 203 requires EPA to establish a plan for
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
E. Petitions for Judicial Review
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 20, 1998. 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 62
Administrative practice and procedure, Air pollution control,
Environmental protection, Intergovernmental relations, Municipal waste
combustors, Reporting and recordkeeping requirements.
Dated: March 16, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR Part 62 is amended as follows:
PART 62--[AMENDED]
1. The authority citation for Part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642
Subpart L--Georgia
2. Part 62.2600 is amended by adding paragraphs (b)(4) and (c)(3)
to read as follows:
Sec. 62.2600 Identification of plan.
* * * * *
(b) * * *
(4) State of Georgia Plan for Implementation of 40 CFR Part 60,
Subpart Cb, For Existing Municipal Waste Combustors, submitted on
November 13, 1997, by the Georgia Department of Natural Resources.
(c) * * *
(3) Existing municipal waste combustors.
3. Subpart L is amended by adding a new Sec. 62.2606 and a new
undesignated center heading to read as follows:
METALS, ACID GASES, ORGANIC COMPOUNDS AND NITROGEN OXIDE EMISSIONS FROM
EXISTING MUNICIPAL WASTE COMBUSTORS WITH THE CAPACITY TO COMBUST
GREATER THAN 250 TONS PER DAY OF MUNICIPAL SOLID WASTE
Sec. 62.2606 Identification of sources.
The plan applies to existing facilities with a municipal waste
combustor (MWC) unit capacity greater than 250 tons per day of
municipal solid waste (MSW) at the following MWC sites:
(1) Savannah Energy Systems Company, Savannah, Georgia.
(2) [Reserved].
[FR Doc. 98-13117 Filed 5-18-98; 8:45 am]
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