[Federal Register Volume 64, Number 79 (Monday, April 26, 1999)]
[Rules and Regulations]
[Pages 20186-20188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10235]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 52

[GA-34-1-9805; FRL-6318-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final conditional interim approval.

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SUMMARY: EPA is granting final conditional interim approval of the 
State Implementation Plan (SIP) revision submitted by the State of 
Georgia through the Georgia Environmental Protection Division (EPD) on 
November 15, 1993, and amended on June 17, 1996, which included the 15 
percent Rate-of-Progress Plan (15 percent plan). EPA is granting final 
conditional interim approval because achievement of the 15 percent 
reduction in emission of volatile organic compounds (VOCs) is dependent 
upon implementation of the enhanced inspection and maintenance (I/M) 
plan and the condition pertaining to the implementation of a low Reid 
Vapor Pressure (RVP) program of 7.0 psi. Full approval of Georgia's 15 
percent plan will be granted after EPA reviews the State's 
demonstration that the enhanced I/M program actually achieved the 
emission reductions claimed as required by the National Highway Act, 
approves the Georgia enhanced I/M plan, and approves the low RVP 
program or other program that meets the same emission reduction 
requirements. In a Federal Register notice published on January 29, 
1999, (64 FR 4568) EPA granted final interim approval to Georgia's I/M 
program. Full approval of the individual measures that comprise the 15 
percent plan, except for the low RVP program, is being granted in this 
action. Additionally, EPA is approving Georgia's 1990 Baseline 
Emissions Inventory.

DATES: This final rule is effective May 26, 1999.

ADDRESSES: 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 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:

Clean Air Act Requirements for Serious Nonattainment Areas

    The Atlanta area was classified as a serious ozone nonattainment 
area on November 6, 1991. 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(b) of the Clean Air Act (CAA) requires that each state 
in which all or part of a serious nonattainment area is located submit, 
by November 15, 1992, an inventory of actual emissions from all 
sources, as described in section 172(c)(3) and 182(a)(1), in accordance 
with guidance provided by the Administrator. This inventory is for 
calendar year 1990 and is designated the baseline year inventory. The 
inventory must include both anthropogenic and biogenic sources of 
volatile organic compounds (VOCs), nitrogen oxides (NOX), 
and carbon monoxide (CO), and must address actual emissions of these 
pollutants in the nonattainment area during the peak ozone season. The 
inventory must include all point and area sources, as well as all 
highway and non-highway mobile sources.
    In addition, section 182(b)(1)(A) of the CAA requires ozone 
nonattainment areas classified as moderate and above to develop plans 
to reduce VOC emissions by 15 percent from the 1990 baseline. The plans 
were to be submitted by November 15, 1993, and the reductions were 
required to be achieved within six years of enactment or November 15, 
1996. The CAA also set limitations on the creditability of certain 
types of reductions. Specifically, a state cannot take credit for 
reductions achieved by Federal Motor Vehicle Control Program (FMVCP) 
measures promulgated prior to 1990, or for reductions resulting from 
requirements to lower the Reid Vapor Pressure (RVP) of gasoline 
promulgated prior to 1990 or required under section 211(h) of the CAA, 
which restricts gasoline RVP. Furthermore, the CAA does not allow 
credit for corrections to vehicle I/M programs or corrections to 
Reasonably Available Control Technology (RACT) rules as these programs 
were required prior to 1990.

Proposed Action on Submittal

    The State of Georgia submitted the 15 percent plan SIP revision for 
the Atlanta nonattainment area on November 15, 1993, and amended it on 
June 17, 1996.

[[Page 20187]]

On September 12, 1997, EPA published a notice of proposed rulemaking 
(NPR) in the Federal Register proposing conditional interim approval 
(62 FR 48027). EPA's rationale for granting conditional approval and 
the details of the November 15, 1993, submittal are contained in the 
September 12, 1997, NPR and the accompanying technical support document 
and will not be restated here. EPA received no comments on the NPR. 
Further information regarding Georgia's I/M program can be found in a 
Federal Register notice published on January 29, 1999 (64 FR 4568).
    In the proposed conditional interim approval notice for the 15 
percent plan, it was stated that EPA would grant conditional approval 
of the RVP program. Section 211(c)(4)(C) of the CAA allows 
nonattainment areas to implement a more stringent RVP standard if the 
State can satisfy the requirements of this section. The State must 
demonstrate that the RVP program is necessary to achieve the National 
Ambient Air Quality Standards. In addition to this requirement, the 
State must demonstrate that there are no other measures available that 
are practicable and reasonable, and can be implemented by the needed 
timeframe. The EPD has committed in a September 29, 1997, letter to 
submit the necessary documentation that will support the need for a 
fuel waiver under Section 211(c)(4)(C) of the CAA. For this reason, EPA 
is granting final conditional interim approval of Georgia's 15 percent 
plan.

Final Action

    EPA is granting final conditional interim approval of the State of 
Georgia's 15 percent plan contingent upon final full approval of the I/
M plan and granting of a waiver and approving the RVP program or other 
plan that provides equivalent emission reductions. The proposed 
conditional interim approval was published in the Federal Register on 
September 12, 1997 (62 FR 48027) and no comments were received. EPA is 
approving Georgia's 1990 Baseline Emissions Inventory for the Atlanta 
nonattainment area as discussed in the NPR which was published on 
September 12, 1997 (62 FR 48027). The EPA also approves the rule 
revisions discussed in the NPR which was published on September 12, 
1997 (62 FR 48027) to 391-3-1-.01(llll) ``Volatile Organic Compound''; 
391-3-1-.01(mmmm) ``Hazardous Air Pollutant''; 391-3-1-.02(2)(ii) VOC 
Emissions from Surface Coating of Miscellaneous Metal Parts and 
Products; 391-3-1-.02(rr) Gasoline Dispensing Facility--Stage I; 391-3-
1-.02(zz) Gasoline Dispensing Facilities--Stage II; 391-3-1-.02(2)(aaa) 
Consumer and Commercial Products; 391-3-1-.02(5) Open Burning; 391-3-
1-.02(2)(ff) Solvent Metal Cleaning; 391-3-1-.02(7) Prevention of 
Significant Deterioration; 391-3-1-.03 Permits.
    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 Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities.

C. Executive Order 13084

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this rule.

D. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it does not involve 
decisions intended to mitigate environmental health or safety risks.

E. Regulatory Flexibility Act

    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

[[Page 20188]]

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).

G. 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 
annual 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 annual 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.

H. Submission to Congress and the Comptroller General

    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).

I. 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 June 25, 1999. 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 52

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

    Dated: March 16, 1999.
Michael V. Peyton,
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. 7401 et seq.

Subpart L--Georgia

    2. Section 52.569 is added to read as follows:


Sec. 52.569  Identification of plan--conditional approval.

    EPA is conditionally approving Rule 391-3-1-.02(2)(bbb) Gasoline 
Marketing-Reid Vapor Pressure (RVP) of the Georgia SIP contingent upon 
the State submitting documentation supporting the need for a 7.0 psi 
RVP program within one year of the subject conditional interim 
approval.
    2. Section 52.570, is amended by adding paragraph (c)(41) to read 
as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (c) * * *
    (41) Revisions to Chapters 391-3-1-.01, 391-3-1-.02, and 391-3-
1-.03 of the Georgia Department of Natural Resources Rules for Air 
Quality Control, adopted on May 29, 1996, October 27, 1993, and August 
23, 1995.
    (i) Incorporation by reference.
    (A) Rules of the Georgia Department of Natural Resources, 
Environmental Protection Division, Chapter 391-3-1, Air Quality 
Control, adopted on May 29, 1996:
    (1) 391-3-1-.01(llll).
    (2) 391-3-1-.01(mmmm).
    (3) 391-3-1-.02(2)(ff)4.
    (4) 391-3-1-.02(2)(ff)5.
    (5) 391-3-1-.02(7).
    (6) 391-3-1-.03(6).
    (7) 391-3-1-.03(6)(b)11.
    (8) 391-3-1-.03(6)(b)13.
    (9) 391-3-1-.03(6)(c).
    (10) 391-3-1-.03(6)(g).
    (11) 391-3-1-.03(6)(h).
    (B) Rules of the Georgia Department of Natural Resources, 
Environmental Protection Division, Chapter 391-3-1, Air Quality 
Control, adopted October 27, 1993:
    (1) 391-3-1-.02(2)(aaa).
    (2) 391-3-1-.02(5)(a)3.
    (3) 391-3-1-.02(5)(a)13.
    (4) 391-3-1-.02(5)(b).
    (C) Rules of the Georgia Department of Natural Resources, 
Environmental Protection Division, Chapter 391-3-1, Air Quality 
Control, adopted August 23, 1995:
    (1) 391-3-1-.02(2)(ii)6.
    (2) 391-3-1-.02(2)(rr)1.
    (3) 391-3-1-.02(2)(rr)3(vii).
    (4) 391-3-1-.02(2)(rr)6.
    (5) 391-3-1-.02(2)(zz)3.
    (6) 391-3-1-.02(2)(zz)7.
    (7) 391-3-1-.02(2)(zz)8.
    (8) 391-3-1-.02(2)(zz)9.
    (9) 391-3-1-.02(2)(zz)10.
    (10) 391-3-1-.02(2)(zz)11.
    (11) 391-3-1-.02(2)(zz)13.
    (12) 391-3-1-.02(2)(zz)20.
    (13) 391-3-1-.02(2)(aaa)4.
    (ii) Other material. None.
* * * * *
[FR Doc. 99-10235 Filed 4-23-99; 8:45 am]
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