[Federal Register Volume 64, Number 231 (Thursday, December 2, 1999)]
[Rules and Regulations]
[Pages 67491-67495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29445]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-40-9929a; FRL-6473-1]


Approval and Promulgation 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 the State Implementation Plan (SIP) 
revisions submitted by the State of Georgia on July 10, 1998. These 
revisions adopt two new rules for reducing nitrogen oxides emissions in 
the Atlanta ozone nonattainment area: a rule requiring specific 
gasoline formulation in 25 counties and a rule establishing unit-
specific emission limits at certain Georgia Power generating units. The 
revisions also incorporate federal requirements related to permitting 
and wood furniture finishing and cleaning operations and make technical 
corrections to certain air quality rules. In addition, the revisions 
clarify requirements of Georgia's Clean Fueled Fleets Program. EPA will 
act on the rule requiring specific gasoline formulation in 25 counties 
and revisions submitted for regulating air emissions and operating 
practices of existing hospital/medical/infectious waste incinerators 
that commenced construction, reconstruction or modification on or 
before June 20, 1996 in a separate Federal Register notice at a later 
date.

DATES: This direct final rule is effective January 31, 2000 without 
further notice, unless EPA receives adverse comments by January 3, 
2000. If adverse comments are received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: All comments should be addressed to: Michele Notarianni, Air 
Planning Branch, Air, Pesticides, and Toxics Management Division, EPA 
Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303.
    Copies of the documents relative to this action are available for 
inspection at the following locations during normal business hours. 
Interested persons wanting to examine these documents should make an 
appointment with the appropriate office at least 24 hours before the 
visiting day.

EPA Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303. (To make an appointment, please contact Michele 
Notarianni at 404-562-9031.)
Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International Parkway, 
Suite 120, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Planning 
Branch, Air, Pesticides, and Toxics Management Division, EPA Region 4, 
61 Forsyth Street, SW, Atlanta, Georgia 30303. The telephone number is 
404-562-9031.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 10, 1998, the Georgia Environmental Protection Division 
(EPD) submitted a revision to Georgia's State Implementation Plan (SIP) 
incorporating revisions to the Rules for Air Quality Control, Chapter 
391-3-1;

[[Page 67492]]

the Rules for Clean Fueled Fleets (CFF), Chapter 391-3-22; and the 
narrative for the revision to the CFF Program. Two public hearings on 
these revisions were held on March 20, 1998 and May 20, 1998. These 
revisions adopt two new rules for reducing nitrogen oxides emissions in 
the Atlanta ozone nonattainment area: a rule requiring specific 
gasoline formulation in 25 counties and a rule establishing unit-
specific emission limits at certain Georgia Power generating units. The 
revisions also incorporate federal requirements related to permitting 
and wood furniture finishing and cleaning operations and make technical 
corrections to certain air quality rules. In addition, the revisions 
clarify requirements of Georgia's CFF Program. EPA will act on the rule 
requiring specific gasoline formulation in 25 counties and revisions 
submitted for regulating air emissions and operating practices of 
existing hospital/medical/infectious waste incinerators that commenced 
construction, reconstruction or modification on or before June 20, 1996 
in a separate Federal Register document at a later date.

II. Revisions Approved by EPA

    EPA is approving all revisions to the Georgia SIP included in the 
July 10, 1998, submittal. Below is a summary of the approved revisions.

Air Quality Control, Rule 391-3-1

     Rule 391-3-1-.01(nnnn): A new subparagraph, (nnnn), is 
added to adopt the current, January 2, 1998, version of the Georgia 
Department of Natural Resources Procedures for Testing and Monitoring 
Sources of Air Pollutants manual.
    Adopting the January 2, 1998, manual adds test methods and 
monitoring procedures for waste sample analysis, methanol emissions 
from stationary sources, electric utility steam generating units, and 
medical waste incinerators.
     Rule 391-3-1-.02(2)(c)(6): The revisions provide 
exemptions for specific categories of incinerators subject to other, 
more specific regulations.
     Rule 391-3-1-.02(2)(fff): A new subparagraph, (fff), is 
added to regulate particulate matter emissions from yarn spinning 
operations.
     Rule 391-3-1-.02(2)(hhh): A new subparagraph, (hhh), is 
added to adopt federal requirements limiting volatile organic compound 
(VOC) emissions from wood furniture finishing and cleaning operations 
with potential emissions of VOCs exceeding 25 tons per year which are 
located in the 13-county Atlanta ozone nonattainment area. This area is 
comprised of the following counties: Cherokee, Clayton, Cobb, Coweta, 
DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, 
and Rockdale.
     Rule 391-3-1-.02(2)(jjj): A new subparagraph, (jjj), is 
added to limit nitrogen oxides (NOX) emissions from coal-
fired electric utility steam-generating units with a maximum heat input 
greater than 250 million British thermal units per hour (mmbtu/hr) 
located in the 13-county Atlanta ozone nonattainment area. The 
compliance period is based on a 30-day rolling average beginning May 1 
and ending September 30 of each year. Effective May 1, 1999, 
NOX emissions from regulated units cannot exceed the 
alternative emission limits established by the EPD for each unit in its 
Title V permit. If a facility does not comply with all alternative 
emission limits for its regulated units, the facility must demonstrate 
that the NOX emissions averaged over all regulated units do 
not exceed 0.34 pounds of NOX per mmbtu heat input. 
Effective May 1, 2000, if a facility does not comply with all, 
established alternative emission limits for its regulated units, the 
facility must demonstrate that the NOX emissions averaged 
over all regulated units do not exceed 0.30 pounds of NOX 
per mmbtu heat input. By December 31, 1999, owners/operators of 
regulated units must submit actual operating performance data, with 
natural gas technologies in place and optimized, for all regulated 
units. EPD may revise this rule based on its review of submitted 
performance data to determine if the NOX emission limits 
effective May 1, 2000 are technically achievable.
     Rule 391-3-1-.02(3) and (6): The revisions delete 
references to the August 15, 1997 version of the testing procedures 
manual in subparagraphs (3)(a), (6)(a)2.(v)(I), (6)(a)(vii)2.(II)I, and 
(6)(b)1.(vi).
     Rule 391-3-1-.02(7)(b): The revisions insert the word 
``Deterioration'' into the heading as follows: ``Prevention of 
Significant Deterioration Standards.''
     Rule 391-3-1-.02(11): A new paragraph, (11), entitled 
``Compliance Assurance Monitoring'' is added to incorporate and adopt 
40 CFR part 64 and to require any stationary source subject to any 
requirement under 40 CFR part 64 to comply with these provisions.
     Rule 391-3-1-.03(6): The revisions modify the list of 
source types exempt from securing permits to construct and operate new 
sources by adding municipal solid waste landfills which meet the 
following three criteria: (a) total design capacity less than or equal 
to 2.756 million tons or 3.27 million cubic yards of solid waste; (b) 
the emissions of VOCs are less than 25 tons per year for landfills 
located in the 13-county Atlanta ozone nonattainment area; and (c) 
emissions of NOX from operations other than the final 
control device are less than 50 tons per year for landfills located 
within the 13-county Atlanta ozone nonattainment area.
     Rule 391-3-1-.03(8): The revisions add a new subparagraph, 
(f), to clarify that all requirements for obtaining a permit, as 
specified in 391-3-1-.02(9)(b)16, must be met to secure a permit to 
construct a new stationary source or modify an existing stationary 
source.

Clean Fueled Fleets, Rule 391-3-22

     Rule 391-3-22-.01: The revisions to Chapter 391-3-22, 
Georgia's CFF Rule, add five definitions, correct, modify, and clarify 
existing definitions, and re-number the list of definitions.
     Rule 391-3-22-.02: The revisions clarify that the 
requirements of the CFF Program in Chapter 391-3-22 are applicable to 
motor vehicles operated in the covered area, which is the 13-county 
Atlanta ozone nonattainment area.
     Rule 391-3-22-.03: The revisions clarify that the 
requirements of Chapter 391-3-22 do not apply to regulated fleets that 
are simply garaged in the covered area. The revisions also extend the 
rule's applicability to covered fleet operators which lease covered 
fleet vehicles.
     Rule 391-3-22-.04: The revisions to paragraph (1) correct 
the upper limit of the gross vehicle weight rating of covered heavy 
duty vehicles from 26,000 to 26,001 pounds. Vehicles not operated in 
the covered area are added to the list of exempted vehicles in 
paragraph (3).
     Rule 391-3-22-.05(1): Subsections (b)1., (b)6., and (c) 
are revised to clarify the procedure for determining whether a vehicle 
is capable of being centrally fueled, correct a reference to ratio 
calculations for this determination, and correct the model year to 1999 
to reflect a one-year delay in rule implementation.
     Rule 391-3-22-.06: The revisions clarify that purchase 
requirements for CFFs can be met through purchasing clean fueled 
vehicles, converting existing vehicles to clean fueled vehicles, and/or 
using purchase credits. For flex-fuel and dual fuel vehicles, a 
provision is added to allow vehicle operation on a fuel not meeting the 
clean fuel definition for manufacturer recommended maintenance.

[[Page 67493]]

     Rule 391-3-22-.07: Minor word changes are made to 
paragraphs (1) and (2) for clarity. In Table B, the non-methane 
hydrocarbon plus NOX emission standard for heavy duty trucks 
which meets the low emission vehicle emission standards is amended from 
3.15 to 3.8 grams/brake horsepower-hour to conform to the current, 
federal CFF standard.
     Rule 391-3-22-.08(1): Under subparagraph (a), subsections 
1, 7, and 13, are revised to, respectively, provide purchase credits 
for both covered and non-covered fleet operators, clarify operational 
requirements for flex-fuel and dual fuel vehicles during maintenance, 
and specify that the selling or trading of vehicles used to meet 
purchase requirements or generate purchase credits is not allowed in 
the model year in which the vehicle was originally purchased. 
Subparagraphs (b)1., (c), and (d) are revised to, respectively: clarify 
the conditions for generating credit for purchases prior to the 
required acquisition date, provide for credits for clean fueled 
vehicles purchased in exempt categories, and clarify the use of 
purchase credits.
     Rule 391-3-22-.08(2): Subparagraphs (d), (i), and (j) are 
revised to, respectively, modify the time for non-covered fleet 
operators to obtain purchase credits, clarify and modify reporting 
requirements for covered and exempt vehicles, and delete a record 
keeping requirement for keeping monthly fueling records and routine 
maintenance records for covered and exempt vehicles.
     Rule 391-3-22-.11: A provision is added to allow EPD to 
grant exemptions or extensions to covered fleet operators not complying 
with purchase requirements upon considering vehicle and fuel 
availability issues.

III. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP 
because they are consistent with requirements of EPA guidance and the 
Clean Air Act.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 
adverse comments be filed. This rule will be effective January 31, 2000 
without further notice unless the Agency receives adverse comments by 
January 3, 2000.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
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. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on January 31, 2000, and no 
further action will be taken on the proposed rule.

IV. 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 Orders on Federalism

    Under E.O. 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. If the mandate is unfunded, EPA must 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 written 
communications from the governments, and a statement supporting the 
need to issue the regulation.
    In addition, E.O. 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. Accordingly, the requirements of section 1(a) 
of E.O. 12875 do not apply to this rule.
    On August 4, 1999, President Clinton issued a new executive order 
on federalism, Executive Order 13132, (64 FR 43255 (August 10, 1999),) 
which will take effect on November 2, 1999. In the interim, the current 
Executive Order 12612, (52 FR 41685 (October 30, 1987),) on federalism 
still applies. This rule will not have a substantial direct effect on 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 12612. 
The rule affects only one State, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

C. 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.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects 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. If the mandate is unfunded, 
EPA must 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, E.O. 13084 requires EPA to develop an effective 
process permitting elected 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 E.O. 13084 do not apply to this rule.

[[Page 67494]]

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 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).

F. 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.

G. 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available and applicable when developing programs and policies 
unless doing so would be inconsistent with applicable law or otherwise 
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

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 January 31, 2000. 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, Carbon monoxide, 
Hydrocarbons, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides.

    Dated: October 12, 1999.
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. 7401 et seq.

Subpart L--Georgia

    2. a. In the table in Sec. 52.570(c), the following entries are 
removed: 391-3-21-.01, 391-3-21-.02, 391-3-21-.03, 391-3-21-.04, 391-3-
21-.05, 391-3-21-.06, 391-3-21-.07, 391-3-21-.08, 391-3-21-.09, 391-3-
21-.10, 391-3-21-.11.
    b. In the table in Sec. 52.570(c), the following entries are added: 
391-3-1-.02(2)(fff), 391-3-1-.02(2)(hhh), 391-3-1-.02(2)(jjj), 391-3-
1-.02(11), 391-3-22.
    c. In the table in Sec. 52.570(c), the following entries are 
revised: 391-3-1-.01, 391-3-1-.02(2)(c), 391-3-1-.02(3), 391-3-
1-.02(6), 391-3-1-.02(7), 391-3-1-.03.
    The additions and revisions read as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (c) * * *

                                                            EPA Approved Georgia Regulations
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                                                                      State
            State citation                   Title/subject       effective date                 EPA approval date                      Explanation
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                   *                  *                  *                  *                  *                  *                  *
391-3-1-.01..........................  Definitions.............         6/15/98                                        12/2/99

[[Page 67495]]

 
 
                   *                  *                  *                  *                  *                  *                  *
391-3-1-.02(2)(c)....................  Incinerators............         6/15/98                                        12/2/99
 
                   *                  *                  *                  *                  *                  *                  *
391-3-1-.02(2)(fff)..................  Particulate Matter               6/15/98                                        12/2/99
                                        Emissions from Yarn
                                        Spinning Operations.
 
                   *                  *                  *                  *                  *                  *                  *
391-3-1-.02(2)(hhh)..................  Wood Furniture Finishing         6/15/98                                        12/2/99
                                        and Cleaning Operations.
 
                   *                  *                  *                  *                  *                  *                  *
391-3-1-.02(2)(jjj)..................  NOX Emissions from               6/15/98                                        12/2/99
                                        Electric Utility Steam
                                        Generating Units.
391-3-1-.02(3).......................  Sampling................         6/15/98                                        12/2/99
 
                   *                  *                  *                  *                  *                  *                  *
391-3-1-.02(6).......................  Source Monitoring.......         6/15/98                                        12/2/99
391-3-1-.02(7).......................  Prevention of                    6/15/98                                        12/2/99
                                        Significant
                                        Deterioration of Air
                                        Quality.
 
                   *                  *                  *                  *                  *                  *                  *
391-3-1-.02(11)......................  Compliance Assurance             6/15/98                                        12/2/99
                                        Monitoring.
391-3-1-.03..........................  Permits.................         6/15/98                                        12/2/99
 
                   *                  *                  *                  *                  *                  *                  *
391-3-22.............................  Clean Fueled Fleets.....         6/15/98                                        12/2/99
 
                   *                  *                  *                  *                  *                  *                  *
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[FR Doc. 99-29445 Filed 12-1-99; 8:45 am]
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