[Federal Register Volume 65, Number 49 (Monday, March 13, 2000)]
[Rules and Regulations]
[Pages 13239-13242]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5386]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA44 & GA36-9948a; FRL-6547-4 ]


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 February 11, 1998, and 
November 19, 1998. The February 11, 1998, revisions update references 
to the August 15, 1997, version of Georgia's ``Procedures for Testing 
and Monitoring Sources of Air Pollutants'' manual. The November 19, 
1998, revisions adopt new Permit by Rule provisions for several, small 
source categories, including: certain types of fuel-burning equipment, 
on-site power generation, concrete mixing plants, hot mix asphalt 
plants, cotton ginning operations, coating and/or gluing operations, 
printing operations, non-reactive mixing operations, fiberglass molding 
and forming operations, and peanut/nut shelling operations.
    For these categories of sources that operate below the major source 
threshold, the rules may negate the need to file for a Part 70 Permit 
(also known as a ``Title V Permit'') or a synthetic minor permit.

DATES: This direct final rule is effective May 12, 2000 without further 
notice, unless EPA receives adverse comment by April 12, 2000. If 
adverse comment is 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 State's submittals are available at the following 
addresses for inspection during normal business hours:

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 at 404/562-9031 (or 
by e-mail at: [email protected]).

SUPPLEMENTARY INFORMATION:

I. Revisions Approved by EPA

    The EPA is approving SIP revisions to Georgia's Rules for Air 
Quality Control included in the February 11, 1998, and the November 19, 
1998, submittals. Below is a summary of the approved revisions.

Air Quality Control, Rule 391-3-1

     Rule 391-3-1.02(3): The revision updates the reference 
date of Georgia's ``Procedures for Testing and Monitoring Sources of 
Air Pollutants'' manual from March 1, 1997, to August 15, 1997.
     Rule 391-3-1.02(6): The revisions to subparagraphs 
(a)2.(v)(I), (a)2.(vii)(I), (a)2.(vii)(II)I, and (b)1.(vi) update the 
reference date of Georgia's ``Procedures for Testing and Monitoring 
Sources of Air Pollutants'' manual from March 1, 1997, to August 15, 
1997.
      Rule 391-3-1-.03(11): A new paragraph, (11), is added to 
adopt new Permit by Rule provisions for the following 11 small source 
categories: (1) Fuel-burning equipment burning natural gas/liquid 
petroleum gasoline (LPG) and/or distillate oil; (2) fuel-burning 
equipment burning natural gas/LPG and/or residual oil; (3) on-site 
power generation; (4) concrete mixing plants; (5) hot mix asphalt 
plants; (6) cotton ginning operations; (7) coating and/or gluing 
operations; (8) printing operations; (9) non-reactive mixing 
operations; (10) fiberglass molding and forming operations; and (11) 
peanut/nut shelling operations. For these categories of sources that 
operate below the major source threshold, the rules may negate the need 
to file for a Part 70 Permit or for a synthetic minor permit. 
Facilities in these categories that have potential emissions greater 
than major source thresholds even after the Permit by Rule is met or 
are not able to meet the relevant conditions established in the Permit 
by Rule may be required to obtain a Part 70 Permit. A more detailed 
description of this new paragraph follows.
    --Rule 391-3-1-.03(11)(a): A new subparagraph, (a), is added to 
identify general requirements for sources covered by the Permit by 
Rule. Eligible facilities must certify in writing to the Georgia EPD 
that they can comply with the Permit by Rule.
    --Rule 391-3-1-.03(11)(b)1: A new subsection, (b)1, is added to 
establish Permit by Rule standards for applicable facilities with fuel-
burning equipment burning natural gas/LPG and/or distillate oil. 
Applicable facilities must meet the following conditions. During any 12 
consecutive months, facility fuel usage is limited to 900 million cubic 
feet of natural gas (or 7.0 million gallons of LPG) and 1.6 million 
gallons of distillate oil except in the counties of Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Henry, Paulding, and Rockdale (13 county ozone nonattainment area), 
where fuel usage is limited to 450 million cubic feet of natural gas 
(or 3.5 million gallons of LPG) and 800,000 gallons of distillate oil. 
Monitoring and record keeping requirements include maintaining a log of 
monthly fuel usage.
    --Rule 391-3-1-.03(11)(b)2: A new subsection, (b)2, is added to 
establish Permit by Rule standards for applicable facilities with fuel-
burning equipment burning natural gas/LPG and/or residual oil. 
Applicable facilities must meet the following conditions. During any 12 
consecutive months, annual facility fuel usage is limited to 1,000 
million cubic feet of natural gas (or 7.5 million gallons of LPG) and 
400,000 gallons of residual fuel oil except in the 13 county ozone 
nonattainment area, where fuel usage is limited to 400 million cubic 
feet of natural gas (or 3.2 million gallons of LPG) and 400,000 gallons 
of residual fuel oil. Monitoring and record keeping requirements 
include maintaining a log of monthly fuel usage.
    --Rule 391-3-1-.03(11)(b)3: A new subsection, (b)3, is added to 
establish Permit by Rule standards for applicable facilities that 
operate fuel-burning equipment for on-site power generation. Applicable 
facilities must meet the following conditions. During any 12 
consecutive months, a facility's power generation is limited to a total 
of no more than 6.7 million horsepower-hours except in the 13 county 
ozone nonattainment area, where the total is no more than 3.35 million 
horsepower-hours. Monitoring and record keeping

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requirements include maintaining a log of the monthly total horsepower-
hours for the facility based on the number of hours of operation of 
each unit per month multiplied by the maximum horsepower rating of that 
unit.
    --Rule 391-3-1-.03(11)(b)4: A new subsection, (b)4, is added to 
establish Permit by Rule standards for applicable concrete mixing 
plants, which must meet the following conditions to operate under the 
Permit by Rule. Production on the plant site is limited to 600,000 
cubic yards during any 12 consecutive months. Monitoring and record 
keeping requirements include maintaining a log of the plant's monthly 
production.
    --Rule 391-3-1-.03(11)(b)5: A new subsection, (b)5, is added to 
establish Permit by Rule standards for applicable hot mix asphalt 
plants, which must meet the following conditions to operate under the 
Permit by Rule. New asphalt plants (which commenced construction or 
modification after June 11, 1973), permitted to burn natural gas/LPG 
and/or distillate oil only must maintain a log of the monthly 
production and hours of operation and, during any 12 consecutive 
months, must limit production to 400,000 tons and operation to 3,000 
hours. During any 12 consecutive months, new and existing asphalt 
plants permitted to burn natural gas/LPG, distillate oil, and residual 
oil in any combination must limit: production to 200,000 tons, 
operation to 3,000 hours, fuel oil usage to 678,000 gallons, and fuel 
sulfur content to less than or equal to 1.5%. Monitoring and record 
keeping requirements for these plants include maintaining fuel oil 
certifications showing sulfur content less than or equal to 1.5% and a 
log of production, hours of operation, and monthly fuel use.
    --Rule 391-3-1-.03(11)(b)6: A new subsection, (b)6, is added to 
establish Permit by Rule standards for applicable cotton ginning 
operations. To operate under the Permit by Rule, applicable facilities 
must limit production to 65,000 standard bales of cotton during any 12 
consecutive months and maintain a log of the monthly production.
    --Rule 391-3-1-.03(11)(b)7: A new subsection, (b)7, is added to 
establish Permit by Rule standards for applicable coating and/or gluing 
operations. Applicable facilities must meet the monitoring and record 
keeping requirements and declare which of the four, following options 
will be met to operate under the Permit by Rule. The options are: (1) 
Consumption of any Volatile Organic Compound (VOC) and/or Hazardous Air 
Pollutant (HAP) containing materials shall be less than 20,000 pounds 
during any 12 consecutive months; (2) usage of coating, gluing, 
cleaning, and washoff materials shall be less than 250 total gallons 
each month; (3) usage of coating, gluing, cleaning, and washoff 
materials shall be less than 3,000 total gallons per rolling 12-month 
period; or (4) usage of materials containing less than five tons of any 
one HAP per rolling 12-month period, less than 12.5 tons of any 
combination of HAPs per rolling 12-month period, less than 25 tons of 
VOC per rolling 12-month period for sources located in the 13 county 
ozone nonattainment area, and less than 50 tons of VOC per rolling 12-
month period for facilities not located in the 13 county ozone 
nonattainment area.
    --Rule 391-3-1-.03(11)(b)8: A new subsection, (b)8, is added to 
establish Permit by Rule standards for applicable printing operations, 
which must meet the following conditions to operate under the Permit by 
Rule. The consumption of any VOC and/or HAP emitting materials 
(including but not limited to inks, thinners, and solvents) by the 
facility is limited to 20,000 pounds during any 12 consecutive months. 
Monitoring and record keeping requirements include maintaining a log of 
the monthly consumption of VOC and/or HAP containing material.
    --Rule 391-3-1-.03(11)(b)9: A new subsection, (b)9, is added to 
establish Permit by Rule standards for applicable non-reactive mixing 
operations, which must meet the following conditions to operate under 
the Permit by Rule. Materials mixed are limited to 500 tons during any 
12 consecutive months, mixing/blending tanks must be equipped with 
lids, mixing tanks must be maintained at a temperature of less than 150 
degree Fahrenheit, and tank lids must be closed at all times during 
operation except when charging raw materials, retrieving samples, or 
discharging finished product. Monitoring and record keeping 
requirements include maintaining a monthly log of materials mixed.
    --Rule 391-3-1-.03(11)(b)10: A new subsection, (b)10, is added to 
establish Permit by Rule standards for applicable fiberglass molding 
and forming operations, which must meet the following conditions to 
operate under the Permit by Rule. During any 12 consecutive months, 
annual facility material usage (i.e., the combined weight of polyester 
resin and gel coat) is limited to 89,000 pounds for any combination of 
hand and spray lay-up operations or 120,000 pounds for spray lay-up 
operations only. Monitoring and record keeping requirements include 
maintaining a log of the combined monthly usage of polyester resin and 
gel coat.
    --Rule 391-3-1-.03(11)(b)11: A new subsection, (b)11, is added to 
establish Permit by Rule standards for applicable peanut/nut shelling 
operations, which must meet the following conditions to operate under 
the Permit by Rule. During any 12 consecutive months, facility process 
input is limited to 130,000 tons of unshelled nuts and annual hours of 
operation shall not exceed 5,000 hours. Monitoring and record keeping 
requirements include maintaining a log of the monthly unshelled 
peanuts/nuts processed.

II. Final Action

    The EPA is approving the aforementioned changes to the Georgia SIP 
because they are consistent with Agency policy and the Clean Air Act as 
amended in 1990. 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 May 12, 
2000 without further notice unless the Agency receives adverse comments 
by April 12, 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 May 12, 2000.

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III. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will not have substantial 
direct effects on the 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 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988), by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
This rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).
    The Congressional Review Act, 5 U.S.C. section 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 action is not a ``major rule'' as defined by 5 U.S.C. 
section 804(2).
    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 May 12, 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, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Hydrocarbons, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: February 14, 2000.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    Accordingly, for the reasons set forth in the preamble, 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


Sec. 52.570  [AMENDED]

    2. In Sec. 52.570, a. Adding in numerical order an entry for ``391-
3-1-.03(11)'' to the table in paragraph (c).

    b. Revising the entries for ``391-3-1-.02(3)'', and ``391-3-
1-.02(6)'' in the table to paragraph (c).


Sec. 52.570  Identification of plan.

* * * * *
    (c)

                                        EPA Approved Georgia Regulations
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                                                                       State       EPA approval
           State citation                   Title/subject         effective date       date         Explanation
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*                  *                  *                  *                  *                  *
                                                        *
391-3-1-.02(3).....................  Sampling...................        12/25/97         3/13/00  ..............
 
*                  *                  *                  *                  *                  *
                                                        *
391-3-1-.02(6).....................  Source Monitoring..........        12/25/97         3/13/00  ..............
 
*                  *                  *                  *                  *                  *
                                                        *
391-3-1-.03(11)....................  Permit by Rule.............        12/25/97         3/13/00  ..............
 
*                  *                  *                  *                  *                  *
                                                        *
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[FR Doc. 00-5386 Filed 3-10-00; 8:45 am]
BILLING CODE 6560-50-P