[Federal Register Volume 65, Number 243 (Monday, December 18, 2000)]
[Proposed Rules]
[Pages 79034-79037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32151]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-47;GA-52; GA-55-200030; FRL-6914-8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In a December 16, 1999, Federal Register document, EPA 
proposed to approve the 1-hour ozone attainment demonstration for the 
Atlanta nonattainment area (Atlanta attainment demonstration) which was 
submitted by the Georgia Environmental Protection Division (GAEPD) on 
October 28, 1999. EPA's proposed approval was based on the condition 
that the GAEPD satisfy certain requirements established in the 
proposal. Subsequently, the GAEPD submitted revisions to the Atlanta 
attainment demonstration on January 31, 2000, and July 31, 2000. In a 
letter dated November 23, 1999, the GAEPD agreed to meet the following 
commitments: To submit rules requiring the implementation of nitrogen 
oxide (NOX) and volatile organic compound (VOC) reasonably 
available control technology (RACT) in the 32 additional counties for 
sources with emissions in excess of 100 tons per year; to complete an 
early assessment of attainment prior to 2003; to identify and adopt 
regulations for sources that will be controlled to achieve the 
additional emission reductions that are needed for attainment as 
determined by EPA's Method 1. These revisions address those 
commitments. EPA is proposing in this document to approve these 
revisions. Final action on these rule revisions will occur at the same 
time, or prior to, final action on the 1-hour ozone attainment 
demonstration for the Atlanta nonattainment area.

DATES: Written comments must be received on or before January 17, 2001.

ADDRESSES: All comments should be addressed to: Scott M. Martin at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303.
    Copies of the State submittals are available at the following 
addresses for inspection during normal business hours:
    Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-8960.
    Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International Parkway, 
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin at (404) 562-9036. 
[email protected].

SUPPLEMENTARY INFORMATION:   

I. Background

    In a December 16, 1999, Federal Register document (see 64 FR 
70478), EPA proposed to approve the 1-hour ozone attainment 
demonstration for the Atlanta nonattainment area (Atlanta attainment 
demonstration) which was submitted by the Georgia Environmental 
Protection Division (GAEPD) on October 28, 1999. EPA's proposed 
approval was based on the condition that the GAEPD satisfy certain 
requirements established in the proposal. Subsequently, the GAEPD 
submitted revisions to the Atlanta attainment demonstration on January 
31, 2000, and July 31, 2000. In a letter dated November 23, 1999, the 
GAEPD agreed to meet the following commitments: to submit rules 
requiring

[[Page 79035]]

the implementation of nitrogen oxide (NOX) and volatile 
organic compound (VOC) reasonably available control technology (RACT) 
in the 32 additional counties for sources with emissions in excess of 
100 tons per year; to complete an early assessment of attainment prior 
to 2003; to identify and adopt regulations for sources that will be 
controlled to achieve the additional emission reductions that are 
needed for attainment as determined by EPA's Method 1. These revisions 
address those commitments as well as comment received on the 
regulations. EPA is proposing in this document to approve these 
revisions.

II. Analysis of State's Submittal

    The Clean Air Act as amended in 1990, (CAA) requires that serious 
ozone nonattainment areas perform photochemical grid modeling to help 
determine the level of emission reductions of volatile organic 
compounds (VOCs) and nitrogen oxides (NOX) necessary to 
attain the 1-hour ozone standard. The GAEPD fulfilled this requirement 
primarily through the application of the Urban Airshed Model, Variable 
Grid Version (UAM-V). When the modeling does not conclusively 
demonstrate attainment, additional analyses may be presented to help 
determine whether the area will attain the standard. As with other 
predictive tools, there are inherent uncertainties associated with 
modeling and its results. For example, there are uncertainties in some 
of the modeling inputs, such as the meteorological and emissions data 
bases for individual days and in the methodology used to assess the 
severity of an exceedance at individual sites. The EPA's guidance 
recognizes these limitations, and provides a means for considering 
other evidence to help assess whether attainment of the ozone standard 
is likely. The process by which this is done is called a weight of 
evidence (WOE) determination. For a more detailed discussion of UAM-V 
modeling and WOE, please reference the December 16, 1999, Federal 
Register (64 FR 70478).
    The GAEPD relied on WOE to demonstrate attainment of the 1-hour 
ozone standard. GAEPD used EPA's Method 1 technique to identify the 
additional percentage reduction in NOX and VOC, from the 
1996 emissions, needed for attainment. A detailed discussion of the 
steps used in Method 1 to calculate the additional emission reductions 
needed for attainment is provided in the technical support document 
(TSD) which can be obtained from the Regional Office contact. GAEPD's 
application of this procedure estimates that additional reductions of 
3.94 percent (35.75 tpd) NOX and 3.59 percent ( 20.81 tpd) 
VOC are needed for attainment. Per EPA guidance, the State has 
flexibility to substitute NOX reductions for VOC and VOC for 
NOX. Adequate supporting documentation for the basis of any 
substitution must be submitted to EPA along with the adopted 
regulations. The following table summarizes the reductions including 
the emission reduction changes from rules included in the October 28, 
1999, submittal which will be used to achieve the shortfall. A detailed 
discussion of each measure follows the table.

------------------------------------------------------------------------
 
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Required NOX Reductions..................  Total of 35.75 tpd
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Industrial Open Burning Ban..............  -0.24
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Commercial Open Burning Ban..............  -0.19
Residential Open Burning Ban.............  -3.66
Slash Burning Ban........................  -3.66
Additional Electrical Generating Unit      -44.06
 Controls.
Relieve New Source Review in 26 Counties.  +1.73
Relieve RACT in 26 Counties..............  +10.98
Delay RACT in 6 Counties.................  +0.81
New Combustion Turbine Rule..............  -3.1
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Extra NOX Reductions Beyond Those          5.64
 Required.
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Required VOC Reductions..................  20.81
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Industrial Open Burning Ban..............  -0.91
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Commercial Open Burning Ban..............  -0.96
Residential Open Burning Ban.............  -18.48
Slash Burning Ban........................  -17.55
Prescribed Burning Ban...................  -3.5
Relieve New Source Review in 26 Counties.  +0.2
Delay RACT in 6 Counties.................  +3.69
Relieve RACT in 26 Counties..............  +10.66
------------------------------------------------------------------------
Extra VOC Reductions Beyond Those          6.04
 Required.
------------------------------------------------------------------------

Description of Major Revisions to Rules for Air Quality Submitted on 
January 31, 2000

    The January 31, 2000, submittal included several regulations that 
will reduce emissions of NOX and VOC in the Atlanta modeling 
domain. EPA is proposing to approve the revisions to Georgia's Rules 
for Air Quality Control Chapter 391-3-1 described below.
    The October 28, 1999, submittal expanded the coverage of several 
rules outside the 13 county nonattainment area to an additional 32 
counties for a total of 45 counties. After receiving adverse comment 
from many of the counties affected by the expansion, the EPD agreed to 
revise the rules to reduce the economic hardship imposed on the smaller 
and more rural counties. The following 26 counties shall no longer be 
subject to the requirements of the rules listed below: Banks, Barrow, 
Butts, Chattooga, Clarke, Dawson, Floyd, Gordon, Haralson, Heard, 
Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, 
Morgan, Oconee, Pickens, Pike, Polk, Putnam, Troup and Upson. 391-3-
1-.02(2)(tt) VOC Emissions from Major Sources, (vv) Volatile Organic 
Liquid Handling and Storage, (yy) Emissions of Nitrogen Oxides from 
Major Sources, (ccc) VOC Emissions from Bulk Mixing Tanks, (ddd) VOC 
Emissions from Offset Lithography, (eee) VOC Emissions from Expanded 
Polystyrene Products Manufacturing, (hhh) Wood Furniture Finishing and 
Cleaning Operations and 391-3-1-.03(8)(c)(14) Additional Provisions for 
Areas Contributing to the Ambient Air Level of Ozone in the 
Metropolitan Atlanta Ozone Nonattainment Area. In addition to the 13 
counties in the Atlanta 1-hour ozone nonattainment area, Bartow, 
Carroll, Hall, Newton, Spalding, and Walton counties shall be subject 
to the rules listed above.
    Rule 391-3-1-.02(2)(jjj) relating to ``NOX Emissions 
from Electric Utility Steam Generating Units'' is being amended to 
expand the coverage of the rule to include affected coal-fired electric 
utility steam generating units in the counties of Monroe and Putnam and 
to include a lower average NOX emissions limit for all 
affected units.
    Effective May 1, 2003, the NOX emissions from all 
affected units at Plants Bowen (Bartow County), Hammond (Floyd County), 
McDonough (Cobb County), Wansley (Heard County), and Yates (Coweta 
County) will be limited to the equivalent of 0.13 lb/million BTU five 
plant average. An overlapping requirement, also effective May 1, 2003, 
limits NOX emissions from all the same units described above 
plus the units at Plants Branch (Putnam County) and Scherer (Monroe 
County) to the equivalent of 0.20 lb/million BTU seven plant average. 
Compliance will be determined potentially in two steps. First, each 
source will be assigned a specific alternative emission limit. If the 
actual emission rate from each source is less than its alternative 
limit, then all affected sources would be in compliance. If the actual 
emission rate from any source is greater than its alternative limit, 
then compliance would be demonstrated by showing that

[[Page 79036]]

the actual BTU-weighted average emission rate for all affected sources 
is less than 0.13 lb/million BTU for the 5 plants and 0.20 lb/million 
BTU for the 7 plants listed above. Compliance with the alternative 
emission limits would be determined such that their BTU-weighted 
average does not exceed the 0.13 and 0.20 lb/million BTU limits. The 
compliance period will be based on a 30-day rolling average beginning 
May 1 and ending September 30 of each year.
    Rule 391-3-1-.02(2)(kkk) relating to ``VOC Emissions from Aerospace 
Manufacturing and Rework Facilities'' is being amended by adding 
compliance dates. Compliance dates have been added which give affected 
sources located outside of the Atlanta 1-hour ozone nonattainment area 
until January 1, 2001, to comply with the rule.
    Rule 391-3-1-.02(2)(mmm) relating to `` NOX Emissions 
from Stationary Gas Turbines and Stationary Engines used to Generate 
Electricity'' is being amended to remove an exemption from the rule. 
The exemption, ``Stationary engines used exclusively in the handling 
and distribution of natural gas,'' is being removed. Stationary engines 
used to pump, compress, or liquefy natural gas are still exempt under 
another exemption which exempts engines not connected to an electrical 
generator. Therefore, the removal of the exemption makes engines used 
to generate electricity at natural gas pumping, compression, or 
liquefaction plants subject to the rule consistent with other 
industries.
    Rule 391-3-1-.03(8)(c)(15) relating to ``Additional Provisions for 
Electrical Generating Units Located in Areas Contributing to the 
Ambient Air Level of Ozone in the Metropolitan Atlanta Ozone 
Nonattainment Area'' is being added. ``Electrical generating unit'' is 
defined as a fossil fuel fired stationary boiler, combustion turbine, 
or combined cycle system that serves a generator which produces 
electricity for sale. Any new electrical generating unit located at a 
``major source'' (which is defined as any source which has the 
potential to emit at least 100 tons per year NOX) or any 
physical change or change in the method of operation of an existing 
electrical generating unit located at an existing major source which 
results in a net increase of 40 tons or more NOX is subject 
to additional permitting requirements. This rule is applicable to 
electrical generating units at major sources located in 26 counties 
surrounding the 13 county Atlanta nonattainment area and the six 
counties subject to Rule 391-3-1-.03(8)(c)(14). Sources subject to this 
rule are required to use best achievable control technology (BACT) to 
control emissions and are required to obtain emission offsets at a 
ratio of 1.1 to 1. Sources located in the counties of Banks, Barrow, 
Bartow, Butts, Carroll, Chattooga, Clarke, Dawson, Floyd, Gordon, Hall, 
Haralson, Heard, Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, 
Meriwether, Monroe, Monroe, Morgan, Newton, Oconee, Pickens, Pike, 
Polk, Putnam, Spalding, Troup, Upson, and Walton (32 county area) shall 
be subject to this rule.
    Rule 391-3-1-.03(13) relating to ``Emission Reduction Credits'' is 
being amended. The purpose of this rule is to facilitate construction 
permitting for sources undertaking major modifications or new 
constructions in federally designated ozone nonattainment areas and 
areas contributing to ambient concentrations of ozone in nonattainment 
areas in the state of Georgia. The proposed amendments to this rule 
revise the eligibility requirements for major sources to make them 
consistent with corresponding changes that are being proposed for Rule 
391-3-1-.03, Section (8); respond to comments received from EPA 
concerning applicability of its recently issued Economic Incentives 
Program to the Emission Reductions Credit Program; clarify the 
provisions for discounting of credits based on time banked; consolidate 
and move all definitions to the end of the rule; and strike a section 
referring to provisions of Rule 391-3-1-.03, Section (8).

Description of Major Revisions to Rules for Air Quality Submitted on 
July 31, 2000

    Rule 391-3-1-.01, Definitions, subsection (nnnn) ``Procedure for 
Testing and Monitoring Sources of Air Pollutants'' is amended to 
reference a revised version of the Procedures for Testing and 
Monitoring Sources of Air Pollutants (``PTM'') effective April 1, 2000, 
which includes changes to specific test methods and procedures and to 
include a new section describing compliance procedures and monitoring 
requirements for a new emission standard for large combustion turbines. 
These revisions have been reviewed and meet applicable requirements.
    Rule 391-3-1-.02(2)(lll) relating to ``NOX Emissions 
from Fuel-Burning Equipment'' is being amended to exempt fuel burning 
equipment brought on site by May 1, 1999, but which had not been 
installed or obtained an air quality permit under 391-3-1-.03(1) by May 
1, 1999 and to provide an exemption for duct burners associated with 
combined cycle gas turbine systems. The original rule exempted existing 
boilers in their current locations because the cost of retrofitting 
existing boilers to comply with this rule was determined to be 
prohibitive. The rule was amended in January 2000, with an effective 
date of February 16, 2000, to exempt fuel burning equipment which had 
been permitted by May 1, 1999, even if the equipment was not yet 
installed and operational by that date. The intent was to grandfather 
such units because the permittee was likely to have contracted for a 
new boiler that could have not complied with the emission limit and 
incurred unrecoverable expense. Likewise, the intent in proposing this 
second amendment is to grandfather fuel burning equipment which had 
been purchased and brought on site, but which had not been installed 
nor made application sufficiently in time to obtain a permit by May 1, 
1999. Another exemption is being added for duct burners associated with 
combined cycle gas turbine systems. These emission units will be 
subject to more stringent NOX limits under Georgia Rule 391-
3-1-.02(2)(nnn) or Georgia Rule 391-3-1-.03(8)(c) as part of the 
overall combined cycle system.
    Rule 391-3-1-.02(2)(nnn) relating to ``NOX Emissions 
from Large Stationary Gas Turbines'' is being amended. This rule will 
regulate NOX emissions from new and existing stationary gas 
turbines greater than 25MW that are located in a 45 county area in and 
around Atlanta (i.e., the 13 county nonattainment area and the 32 
county area adjacent to the nonattainment area). NOX 
emissions from affected stationary gas turbines permitted before April 
1, 2000 will be limited to not more than 30 parts per million (or 50 
parts per million for the oil-fired unit) at 15 percent oxygen with a 
compliance date of May 1, 2003. NOX emissions from affected 
stationary gas turbines permitted on or after April 1, 2000, will be 
limited to not more than 6 parts per million at 15 percent oxygen with 
a compliance requirement upon startup. The limits in this rule will 
apply during the period May 1 through September 30 of each year. New 
units subject to a NOX limit under 391-3-1-.03(8)(c)14. or 
15. would be exempt from this rule. For existing units, a provision was 
included in the rule allowing the owner/operator to petition the 
Director for a revision to the rule in case a source is unable to meet 
the 30 parts per million (or 50 parts per million for the oil-fired 
unit) through combustion modifications. A SIP submittal to EPA would be 
required to revise the rule.
    Rule 391-3-1-.02(5) relating to ``Open Burning'' is being amended. 
The

[[Page 79037]]

coverage of the rule is being expanded beyond the existing 13 county 
Atlanta 1-hour ozone nonattainment area to include the additional 32 
county area. Subparagraph (a) is amended to add a ``prescribed 
burning'' and a ``slash burning'' exemption to the rule. Subparagraph 
(b) is reorganized to add clarity to the rule and is amended to add 
county specific restrictions for the six counties of Bartow, Carroll, 
Hall, Newton, Spalding, and Walton as well as the remaining 26 counties 
of the 32 county area. The six counties listed above will have the same 
restrictions as those in the Atlanta nonattainment area. The twenty-six 
remaining counties of the 32 county area will have the same 
restrictions as those in the Atlanta nonattainment area with the 
exception that ``prescribed burning'' is allowed in the twenty-six 
counties. Subparagraph (f) is added to include the definitions for 
``Prescribed Burning'' and ``Slash Burning.''
    Rule 391-3-1-.03(6)(h)3 relating to ``SIP Permit Exemptions for 
Industrial Operations'' is being amended. A new exemption from 
permitting for small feed mill or grain mill ovens and for surface 
coating drying ovens is being added.
    Rule 391-3-1-.03(8) Permit Requirements is being amended. 
Provisions for internal offsets at a ratio of 1.3 to 1 to avoid New 
Source Review permitting requirements are being restored in paragraphs 
(c)(13)(iii) and (iv). These provisions will allow existing sources 
located within the Atlanta 1-hour ozone nonattainment area to avoid 
becoming subject to federal New Source Review permitting requirements 
by offsetting emission increases associated with modifications at a 1.3 
to 1.0 ratio. See CAA section 182(c)8 Special Rule for Modifications of 
Sources Emitting Greater than 100 tons per year.
    Rule 391-3-1-.03(11) relating to ``Permit by Rule'' is being 
amended. A typographical error in the citation of federal operating 
permit regulations is being corrected. The reference to 40 CFR 
70.5(6)(f) is being replaced with the correct reference to 40 CFR 
70.6(f).

III. Proposed Action

    EPA is proposing to approve the revisions to Atlanta attainment 
demonstration as discussed above because they meet EPA and CAA 
requirements and provide reductions to meet the additional reductions 
identified as needed to support the attainment demonstration.

IV. 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 proposed 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 proposed 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 proposed 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 proposes to approve 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 proposed 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 proposed 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 proposed 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.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: November 16, 2000.
Michael V. Peyton,
Acting Regional Administrator, Region 4.
[FR Doc. 00-32151 Filed 12-15-00; 8:45 am]
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