[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Rules and Regulations]
[Pages 45914-45915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17455]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-49-200232(a); FRL-7244-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revision submitted by the State of Georgia through the Georgia 
Environmental Protection Division (GAEPD) on November 17, 1999. The 
revision pertains to William L. Bonnell's Air Quality Permit. This 
permit revision went through a thirty day comment period and was the 
subject of a public hearing on September 8, 1999. No comments were 
received on the permit revisions. The revised permit became State 
effective on October 7, 1999.

DATES: This direct final rule is effective September 9, 2002, without 
further notice, unless EPA receives adverse comment by August 12, 2002. 
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: Scott Martin at the 
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-8960.
    Copies of the State submittal(s) 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 Martin 404-562-9036. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 17, 1999, the GAEPD submitted revisions to the Georgia 
SIP pertaining to William L. Bonnell's Air Quality Permit No. 3354-038-
6686-O. This permit is a nitrogen oxide reasonably available control 
technology (NOX RACT) permit. Conditions 17-30 were approved 
by the EPA on March 18, 1999 (see 64 FR 13348). In today's action EPA 
is approving revisions to conditions 17 and 22, and the addition of new 
conditions 31 and 32.

II. Analysis of State's Submittal

    The revised conditions read as follows:
    #17. The Permittee shall burn natural gas exclusively for all fuel 
burning equipment covered by this Permit during the months of May 
through September of each year, except during times of interruption of 
the natural gas supply or during emergency conditions. During such 
times, the Permittee may burn liquid propane gas (LPG) as an 
alternative fuel.
    #22. The Permittee shall conduct, or cause to be conducted, on an 
annual basis, on the No. 5 furnace, burner tunings to optimize the 
burner fuel/air ratio and to establish the optimum operating point 
which generates the greatest decrease in NOX concentration 
(corrected to 3 percent oxygen) while maintaining a safe level of 
carbon monoxide (CO) in the exhaust gases.
    The new conditions read as follows:
    #31. The Permittee shall not operate the No. 6 furnace at an excess 
air of greater than 10 percent.
    #32. The Permittee shall retain records of all LPG burned during 
the months of May through September. Said records shall include the 
date, gallons burned, and the reason for LPG as opposed to natural gas. 
The records shall be kept in a log suitable for inspection and/or 
submittal to the Division, and shall be maintained for 5 years from the 
date of creation.

III. Final Action

    EPA is approving the aforementioned changes to the Georgia SIP 
because they are consistent with the Clean Air Act and Agency 
requirements.
    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 September 9, 
2002, without further notice unless the Agency receives adverse 
comments by August 12, 2002.
    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 September 9, 2002, and 
no further action will be taken on the proposed rule. Please note that 
if we receive adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, we may adopt as final those provisions of the rule that are 
not the subject of an adverse comment.

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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States,

[[Page 45915]]

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). This action 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 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (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. 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. 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. 
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 September 9, 2002. 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, 
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: June 28, 2002.
Winston A. Smith,
Acting Regional Administrator, Region 4.

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(d), the following entries are 
revised: William L. Bonnell Co.
    The revision reads as follows:


Sec. 52.570  Identification of plan.

* * * * *
    (d) * * *

                               EPA Approved Georgia Source--Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                    State
           Name of source                    Permit No.           effective     EPA approval date      Comments
                                                                     date
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
William L. Bonnell.................  3354-038-O conditions 17        10/7/99  07/11/02 [and FR
                                      through 32.                              Cite].
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 02-17455 Filed 7-10-02; 8:45 am]
BILLING CODE 6560-50-P