[Federal Register Volume 63, Number 164 (Tuesday, August 25, 1998)]
[Rules and Regulations]
[Pages 45172-45176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22650]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-34-3-9819a; FRL-6143-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the Georgia State 
Implementation Plan (SIP). This revision was to incorporate the Post 
1996 Rate-of-progress Plan (9 percent plan) submitted by the State of 
Georgia through the Georgia Environmental Protection Division (EPD) on 
November 15, 1993, and amended on June 17, 1996. Supplemental 
information was submitted on April 14, 1998. This submittal was made to 
meet the reasonable further progress requirements of section 182(c)(2) 
of the Clean Air Act, as amended in 1990 (CAA).

DATES: This direct final rule is effective October 26, 1998 unless 
adverse or critical comments are received by September 24, 1998. If 
adverse comment is received, EPA will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments on this action should be addressed to Scott 
M. Martin, 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 Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-3104
Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International

[[Page 45173]]

Parkway, Suite 120, Atlanta, Georgia 30354

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory Planning 
Section, Air Planning Branch, Air, Pesticides & Toxics Management 
Division, Region 4 Environmental Protection Agency, 61 Forsyth Street, 
SW, Atlanta, Georgia 30303-3104. The telephone number is 404/562-9036.

SUPPLEMENTARY INFORMATION:

Background

    The Atlanta area was classified as a serious nonattainment area 
under the ozone National Ambient Air Quality Standards (NAAQS) on 
November 15, 1990. The nonattainment area consists of the following 
thirteen counties: Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnet, Henry, Paulding, and Rockdale.
    Section 182(c)(2) of the CAA requires each serious and above ozone 
nonattainment area to submit a SIP revision by November 15, 1994, which 
describes, in part, how the area will achieve an actual volatile 
organic compound (VOC) emission reduction of at least 3 percent per 
year averaged over each consecutive 3-year period beginning 6 years 
after enactment (i.e., November 15, 1996) until the area's attainment 
date. The attainment date for the Atlanta nonattainment area is 
November 15, 1999.
    Under EPA's Guidance on the Post-1996 Rate-of-Progress Plan and the 
Attainment Demonstration (revised February 18, 1995), if Georgia's 
overall attainment strategy, as defined in the Attainment Demonstration 
(Urban Airshed Model (UAM) Results) section of this SIP, identifies 
needed nitrogen oxide (NOX) controls as well as VOC 
controls, the 9% Plan can include NOX reductions to 
substitute for the required VOC reductions. If the entire 9 percent 
reduction is to be obtained solely from NOX reductions, then 
no VOC reductions are required.
    In order to complete the 9 percent plan in accordance with the 
aforementioned guidance, the Georgia Environmental Protection Division 
(EPD) inventoried the 1990 NOX emissions in the non-
attainment area as well as the entire UAM domain for attainment 
modeling purposes, and adjusted the inventory by removing 
NOX emission reductions which will be achieved from Federal 
regulations on motor vehicles in effect prior to the 1990 amendments to 
the Clean Air Act. The EPD also calculated the 9 percent NOX 
reductions required for the plan, estimated growth of NOX 
from 1990 to 1999, and then calculated reductions achieved by various 
NOX control rules adopted and scheduled for implementation 
prior to the end of 1996. EPD found these reductions sufficient to 
reduce overall NOX emissions by 9% and also to offset all of 
the projected 1990-to-1999 NOX growth. The NOX 
target level for 1999 is based on the 1990 Rate-of-Progress (ROP) 
inventory.
    The 1990 Final Base Year Inventory is the starting point for 
calculating the reductions necessary to meet the requirements of the 
1990 CAA. The 1990 Final Base Year Inventory includes all area, point, 
and mobile sources in the UAM domain. From the Final Base Year 
Inventory, emissions outside the nonattainment area are subtracted to 
establish the ROP Base Year Inventory. The 1990 Base Year Inventory and 
the 1990 ROP Inventory have not changed since submittal in November 
1994. The ROP inventory is the base inventory from which the 9 percent 
reduction on existing sources and the reduction from growth by 1999 
must be calculated to meet the requirements of the CAA.

1990 Rate-of-Progress Inventory

    The ROP inventory is comprised of the anthropogenic stationary 
(point and area) and mobile sources in the nonattainment area. The 1990 
Base Year Ozone Inventory for the Atlanta nonattainment area, submitted 
November 1993, is available at the Regional address above. Since no VOC 
emission reductions are required, the inventory information in this 
notice will not include VOC emissions.
    The 1990 ROP NOX emissions inventory for the Atlanta 
nonattainment is 538.73 tons/day.

                1990 Rate-of-Progress Base Year Inventory               
------------------------------------------------------------------------
                                                               NOX tons/
                                                                  day   
------------------------------------------------------------------------
Point........................................................     121.34
Area.........................................................      25.74
Mobile.......................................................     304.04
Nonroad......................................................      87.61
                                                              ----------
      Total..................................................     538.73
------------------------------------------------------------------------

Adjusted Base Year Inventory

    The development of the Adjusted Base Year Inventory requires that 
emission reductions that would occur by 1999 as a result of Federal 
programs already mandated prior to the 1990 Clean Air Act Amendments be 
excluded from the inventory.
    The adjustments exclude emissions reductions that would occur by 
1999 as a result of the Federal Motor Vehicle Control Program (FMVCP) 
promulgated prior to the CAA amendments. As a result of these 
adjustments, states are not able to take credit for emissions 
reductions that would have occurred from fleet turnover of current 
standard cars and trucks, or from previously existing federal fuel 
regulations.
    The 1990 Adjusted Base Year Inventory was prepared using 
adjustments in the mobile source inventory and calculated with MOBILE5a 
and Vehicle Miles Traveled (VMT). The 1990 Adjusted Base Year Inventory 
NOX emissions are approximately 483.12 tons/day.

                    1990 Adjusted Base Year Inventory                   
------------------------------------------------------------------------
                                                               NOX tons/
                                                                  day   
------------------------------------------------------------------------
Point........................................................     121.34
Area.........................................................      25.74
Mobile.......................................................     248.43
Nonroad......................................................      87.61
                                                              ----------
      Total..................................................     483.12
------------------------------------------------------------------------

Creditable 9 Percent Reduction

    The adjusted base year inventory is multiplied by 0.09 to calculate 
the creditable 9 percent reduction needed in tons/day.

------------------------------------------------------------------------
                                                                Tons/day
------------------------------------------------------------------------
Adjusted Base Year Inventory.................................     483.12
X factor.....................................................       0.09
Creditable reduction needed..................................      43.48
------------------------------------------------------------------------

Post-1996 Target Level of Emissions

    To calculate the post-1996 target emissions level, the reductions 
required to meet the 9 percent reduction requirement and the 
noncreditable emission reductions discussed above are subtracted from 
the 1990 ROP inventory.

------------------------------------------------------------------------
                                                                Tons/day
------------------------------------------------------------------------
1990 NOX ROP Inventory Level.................................     538.73
Required 9 percent NOX Reduction.............................      43.48
FMVCP/RVP Reductions 1990/1999...............................      55.61
Target Level for 1999........................................     439.64
------------------------------------------------------------------------

1999 Estimated Emissions

    The estimated emissions for 1999 were derived using several 
factors. Area source emissions were estimated by using projection data 
provided by the Georgia Office of Planning and Budget. Mobile emissions 
were estimated using MOBILE5a and VMT for 1990 supplied by the Georgia 
Department of

[[Page 45174]]

Transportation to which growth factors supplied by the Atlanta Regional 
Commission to project 1999 values. Nonroad mobile source emissions were 
grown, per EPA guidance, at a rate of one percent per year from the 
1990 Base Year nonroad mobile inventory. Point source emissions were 
grown from the 1990 Base Year Emissions Inventory using Bureau of 
Economic Analysis growth factors.
    Further details are available at the Regional address listed above.

                        1999 Estimated Emissions                        
------------------------------------------------------------------------
                                                               NOX tons/
                                                                  day   
------------------------------------------------------------------------
Point........................................................     127.36
Area.........................................................      29.78
Mobile.......................................................     215.94
Nonroad......................................................      97.19
                                                              ----------
      Total..................................................     470.27
------------------------------------------------------------------------

Control Strategies

Reductions Needed by 1999 to Achieve 9 Percent Reductions
    The reductions needed to achieve 9 percent net-of-growth are 
determined by subtracting the target level emissions from the 1999 
estimated emissions, as shown below:

------------------------------------------------------------------------
                                                                Tons/day
------------------------------------------------------------------------
1999 Estimated Emissions.....................................     470.27
Target Level Emissions.......................................     439.64
9 percent Net-of-Growth......................................      30.63
------------------------------------------------------------------------

    In order to meet the 9 percent net-of-growth reduction required by 
1999, Georgia must reduce NOX emissions by 30.63 tons/day. 
The following is a summary of the reductions Georgia will obtain to 
meet this requirement.

                     Summary of Expected Reductions                     
------------------------------------------------------------------------
                                                               Expected 
                                                              reductions
                         Source type                          (NOX tons/
                                                                 day)   
------------------------------------------------------------------------
Point.......................................................       41.20
Area........................................................        2.86
Mobile......................................................        1.17
Nonroad.....................................................        4.87
Reductions Demonstrated.....................................       50.10
9% Net of Growth............................................       30.63
Excess Reductions...........................................       19.47
------------------------------------------------------------------------

    The projected 1999 emissions have been calculated by applying the 
control measures discussed below to the 1999 Estimated Emissions. The 
1999 Projected Emissions are shown as follows:

                        1999 Projected Emissions                        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
Point........................................................      86.16
Area.........................................................      26.92
Mobile.......................................................     214.77
Nonroad......................................................      92.32
                                                              ----------
      Total..................................................     420.17
------------------------------------------------------------------------

    The 1999 Projected Emissions of 420.17 tons/day of NOX 
are less than the 1999 Target Level Emissions of 439.64 tons/day of 
NOX.

Control Measures

    The following NOX emission reductions which have 
occurred since 1990 are creditable towards the 9 percent plan and will 
provide reasonable further progress towards attainment.

Point Source Control Measures

    Reasonably available control technology (RACT) is required for all 
major (50 tons/year and more) NOX sources in the 13 county 
nonattainment area. RACT for major NOX sources was not 
implemented until May 1995, so these reductions are creditable towards 
the 9 percent plan.
    Initial calculations indicate that these NOX RACT 
reductions from three Georgia Power facilities result in 41 tons/day of 
NOX reductions. Calculations documenting this figure were 
supplied by the Southern Company on March 27, 1995, and are available 
at the Regional address listed above. The 41 tons/day of NOX 
reductions exceed the total of 30.63 tons/day of the NOX 
reductions needed to meet the post 1999 ROP requirements. Calculations 
documenting these reductions are available at the Regional address 
listed above.

NOX RACT Permits Related to 9 Percent ROP

    On March 19, 1998, the EPD submitted revisions to NOX 
RACT permits for Georgia Power plants McDonough and Yates which are 
located in the Atlanta nonattainment area. The purpose of these 
revisions is to establish NOX emission limits based on a 30 
day rolling average during the ozone season. Monitoring, record 
keeping, and reporting requirements are also established.
    The following permit revisions are being approved by EPA and 
contain the information referenced in the previous paragraph:

Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22
Permit 4911-038-4838-0 Plant Yates conditions 19 through 32
Permit 4911-038-4839-0 Plant Yates conditions 16 through 29
Permit 4911-038-4840-0 Plant Yates conditions 16 through 29
Permit 4911-038-4841-0 Plant Yates conditions 16 through 29

    On November 15, 1994, the EPD submitted revisions to NOX 
RACT permits for Georgia Power plant Atkinson and Plant McDonough. The 
purpose of these revisions is to establish NOX RACT for the 
sources. Monitoring, record keeping, and reporting requirements are 
also established.
    The following permit revisions are being approved by EPA and 
contain the information referenced in the previous paragraph:

Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6949 Plant Atkinson conditions 5 through 10
Permit 4911-033-1320 Plant Atkinson conditions 8 through 13
Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6951 Plant McDonough conditions 5 through 10

Other NOX RACT Permits

Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 and 21
Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 and 28
Permit 2631-033-11436 Austell Box Board Corp. conditions 1 through 5
Permit 8922-044-10094 Emory University conditions 19 through 26
Permit 3711-044-11453 General Motors Corporation conditions 1 through 6 
and Attachment A
Permit 2077-058-11226 Georgia Proteins Company conditions 16 through 23 
and Attachment A
Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. conditions 
26 through 28 and Attachment A
Permit 3296-060-10079 Owens-Corning Fiberglass Corporation conditions 
25 through 29
Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 through 30
Permit 4922-075-10217 Transcontinental Gas Pipe Line Corporation 
conditions 21 through 24
Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 through 11
Permit 3241-060-8670 Blue Circle Incorporated conditions 48 through 54

Area Source Control Measures

    Both VOC and NOX reductions will occur from a ban on 
open burning and slash/prescribed burning requirements in Georgia Rule 
391-3-1-.02(5).

[[Page 45175]]

    The VOC reductions are presently being relied upon for the 15 
percent plan reductions. The NOX reductions, 1.95 tons/day 
from open burning and 0.91 tons/day from slash/prescribed burning, are 
creditable towards the 9 percent plan requirements.

Mobile Source Control Measures

Federal Rules
    Additional Federal rules will result in the following reductions:

EPA Detergent Additives Rule (Highway): 2.83 tons/day

Nonroad Mobile Source Control Measures

Federal Rules
    Additional Federal rules will result in the following reductions:

EPA Detergent Additives Rule (Nonroad): 0.09 tons/day
EPA Small Nonroad Gasoline Engine Rule:-0.29 tons/day
EPA Small Nonroad Diesel Engine Rule: 5.07 tons/day

Final Action

    The EPA approves the revisions to the Georgia SIP to implement the 
9 percent plan because they are consistent with Clean Air Act and 
Agency requirements.
    The EPA is publishing this action 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 October 26, 1998 unless, by September 24, 1998, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a timely withdrawal of the 
direct final rule. All public comments received will 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 October 26, 1998.
    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.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order 12866, entitled 
Regulatory Planning and Review.

B. Regulatory Flexibility Act

    The final rule is not subject to Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety 
Risks, because it is not an ``economically significant'' action under 
Executive Order 12866.

C. Unfunded Mandates

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
Clean Air Act forbids EPA to base its actions concerning SIPs on such 
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 
42 U.S.C. 7410(a)(2).

D. Submission to Congress and the General Accounting Office

    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 proposed 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.

E. Petitions for Judicial Review

    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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: August 3, 1998.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

    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. et seq.

Subpart L--Georgia

    2. Section 52.570, is amended by adding paragraph (c) (49) to read 
as follows:

[[Page 45176]]

Sec. 52.570  Identification of plan.

* * * * *
    (c) * * *
    (49) Addition of NOX RACT permits to specify RACT for 
specific sources, submitted on November 15, 1994, and March 19, 1998.
    (i) Incorporation by reference.
    (A) The following source specific NOX RACT permits of 
the Georgia Department of Natural Resources, Chapter 391-3-1, Air 
Quality Control, effective on December 27, 1995.
    NOX RACT Permits:

Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22
Permit 4911-038-4838-0 Plant Yates conditions 19 through 32
Permit 4911-038-4839-0 Plant Yates conditions 16 through 29
Permit 4911-038-4840-0 Plant Yates conditions 16 through 29
Permit 4911-038-4841-0 Plant Yates conditions 16 through 29

    (B) The following source specific NOX RACT permits of 
the Georgia Department of Natural Resources, Chapter 391-3-1, Air 
Quality Control, effective on November 15, 1994.

    NOx RACT Permits:

Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6949 Plant Atkinson conditions 5 through 10
Permit 4911-033-1320-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13
Permit 4911-033-6951 Plant McDonough conditions 5 through 10
Permit 4922-028-10902 Atlanta Gas Light Company conditions 20 and 21
Permit 4922-031-10912 Atlanta Gas Light Company conditions 27 and 28
Permit 2631-033-11436 Austell Box Board Corp. conditions 1 through 5
Permit 8922-044-10094 Emory University conditions 19 through 26
Permit 3711-044-11453 General Motors Corporation conditions 1 thorough 
6 and Attachment A
Permit 2077-058-11226 Georgia Proteins Company conditions 16 through 23 
and Attachment A
Permit 3221-060-10576 Owens-Brockway Glass Container, Inc. conditions 
26 through 28 and Attachment A
Permit 3296-060-10079 Owens-Corning Fiberglass Corporation conditions 
25 through 29
Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17 through 30
Permit 4922-075-10217 Transcontinental Gas Pipe Line Corporation 
conditions 21 through 24
Permit 9711-033-11456 Lockheed-Georgia Company conditions 1 through 11
Permit 3241-060-8670 Blue Circle Incorporated conditions 48 through 54

    (ii) Other material None.
* * * * *
[FR Doc. 98-22650 Filed 8-24-98; 8:45 am]
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