[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Rules and Regulations]
[Pages 40786-40789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17204]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-60, GA-61-200332(a); FRL-7524-6]


Approval and Promulgation of Implementation Plans; Georgia: 
Approval of Revisions to 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, through the Georgia 
Environmental Protection Division (GAEPD), on July 1, 2002, and January 
10, 2003. These revisions pertain to Rules for Air Quality Control and 
Rules for Enhanced Inspection and Maintenance.

DATES: This direct final rule is effective September 8, 2003 without 
further notice, unless EPA receives adverse comment by August 8, 2003. 
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: Comments may be submitted by mail to: Scott M. Martin; 
Regulatory Development Section; Air Planning Branch; Air, Pesticides 
and Toxics Management Division; U.S. Environmental Protection Agency 
Region 4; 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments 
may also be submitted electronically, or through hand delivery/courier, 
please follow the detailed instructions described in (part (I)(B)(1)(i) 
through (iii)) of the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9036. Mr. Martin can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under GA-60, GA-61-200332. The official public file consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, Air Planning Branch, 
Air, Pesticides and Toxics Management Division, Region 4, U.S. 
Environmental Protection Agency, 61 Forsyth Street, SW., Atlanta, 
Georgia 30303-8960. EPA requests that if at all possible, you contact 
the contact listed in the For Further Information Contact section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30 excluding federal 
Holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Agency.
    Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International Parkway, 
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov Web site located at http://www.regulations.gov where you can find, review, and submit comments on 
Federal rules that have been published in the Federal Register, the 
Government's legal newspaper, and are open for comment.

[[Page 40787]]

    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking GA-60, GA-61-200332.'' in the 
subject line on the first page of your comment. Please ensure that your 
comments are submitted within the specified comment period. Comments 
received after the close of the comment period will be marked ``late.'' 
EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket, and made 
available in EPA's electronic public docket. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected], please including the text ``Public comment on 
proposed rulemaking GA-60, GA-61-200332.'' in the subject line. EPA's 
e-mail system is not an ``anonymous access'' system. If you send an e-
mail comment directly without going through Regulations.gov, EPA's e-
mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket, and made available in EPA's electronic public docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, Region 4, U.S. Environmental Protection Agency, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please include the 
text ``Public comment on proposed rulemaking GA-60, GA-61-200332.'' in 
the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Scott M. 
Martin; Regulatory Development Section; Air Planning Branch; Air, 
Pesticides and Toxics Management Division 12th floor; U.S. 
Environmental Protection Agency Region 4; 61 Forsyth Street, SW., 
Atlanta, Georgia 30303-8960. Such deliveries are only accepted during 
the Regional Office's normal hours of operation. The Regional Office's 
official hours of business are Monday through Friday, 9:00 to 3:30 
excluding federal Holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    On July 1, 2002, and January 10, 2003, the GAEPD submitted 
revisions to the Georgia SIP. These revisions pertain to Chapter 391-3-
1 Rules for Air Quality Control and Chapter 391-3-20 Enhanced 
Inspection and Maintenance. The revisions are described below.

[[Page 40788]]

III. Analysis of State's Submittal

Description of Revisions Submitted on July 1, 2002

Chapter 391-3-1: Rules For Air Quality Control
    Rule 391-3-1.01(nnnn) ``Procedures for Testing and Monitoring 
Sources of Air Pollutants'' was amended to include the most recent 
version of the test manual dated April 3, 2002.
    Rule 391-3-1-.02(2)(a)(7) ``Excess Emissions'' was amended to add 
circumstances in which subparagraphs (i) and (ii) will not apply. 
Subparagraphs (i) and (ii) allow excess emissions during startup, 
shutdown, or malfunction provided that certain criteria for minimizing 
emissions are met. Currently the only exception to this allowance is 
for equipment subject to New Source Performance Standards (NSPS). This 
amendment expands this exclusion to any State or federal regulation 
that specifically states that an emission standard applies during 
startup, shutdown, and malfunctions.
    Rule 391-3-1-.02(c) ``Incinerators'' was amended to exempt 
Commercial/Industrial/Solid Waste Incinerators (CISWI) as they will be 
subject to the more stringent New Source Performance Standard (NSPS) 
for CISWI.
    Rule 391-3-1-.02(2)(g) ``Sulfur Dioxide'' was amended to exclude 
kraft pulp mill recovery furnaces. This portion of the rule was not 
intended to apply to kraft pulp mill recovery boilers. Therefore, the 
change in wording was made to clarify that these units are exempt from 
rule 391-3-1-.02(2)(g). Kraft pulp mills are regulated under rule 391-
3-1-.02(2)(gg).
    Rule 391-3-1-.02(2)(jjj) ``NOX Emissions from Electric 
Steam Generating Units'' was amended to make the existing, less 
stringent, requirements of the rule inapplicable once the more 
stringent provisions of the rule became effective May 1, 2003.
Chapter 391-3-20: Enhanced Inspection and Maintenance
    Rule 391-3-20-.03(7) ``Covered Vehicles; Exemptions'' was amended 
to update a reference to the Department of Revenue to the Department of 
Motor Vehicle Safety. The Department of Motor Vehicle Safety now 
manages the vehicle registration database in Georgia.
    Rule 391-3-20-.06(5) ``On-Road Testing'' was amended to revise the 
requirements for payment of emission reinspections as it relates to 
high emitting vehicles identified by remote sensing.
    Rule 391-3-20-.19(2) ``Management Contractor'' was amended to 
update a reference to the Department of Revenue.
    Rule 391-3-20-.21(3) ``Program Administration Fees'' was amended to 
remove a reference to disbursement of the administrative fees.

Description of Revisions Submitted on January 10, 2003

Chapter 391-3-1: Rules For Air Quality Control
    Rule 391-3-1-.01(nnnn) ``Procedures for Testing and Monitoring 
Sources of Air Pollutants'' was amended to include the most recent 
version of the test manual dated September 25, 2002.
Chapter 391-3-20: Enhanced Inspection and Maintenance
    Rule 391-3-20-.04 ``Emission Inspection Procedures'' subparagraph 
(2)(b)(1) was amended to remove an outdated reference date.
    Rule 391-3-20-.17 ``Waivers'' was amended to update the repair 
waiver cost for test year 2003.

IV. 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 8, 
2003 without further notice unless the Agency receives adverse comments 
by August 8, 2003.
    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 8, 2003 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.

V. Statutory and Executive Order Reviews

    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, 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

[[Page 40789]]

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 8, 2003. 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, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 26, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart L--Georgia

0
2. In Sec.  52.570(c), the table is amended by revising entries for: 
``391-3-1.01''; ``391-3-1.02(a)''; ``391-3-1-02(g)''; ``391-3-1-
02(jjj)''; ``391-3-20'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
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                                                     State
     State citation           Title/subject        effective    EPA approval date           Explanation
                                                      date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.01............  Definitions............     12/30/02  July 9, 2003        [insert FR citation]
 
                                                  * * * * * * *
391-3-1-.02(2)(a)......  General Provisions.....     07/17/02  July 9, 2003        [insert FR citation]
 
                                                  * * * * * * *
391-3-1-.02(2)(g)......  Sulfur Dioxide.........     07/17/02  July 9, 2003        [insert FR citation]
 
                                                  * * * * * * *
391-3-1-.02(2)(jjj)....  NOX Emissions from          07/17/02  July 9, 2003        [insert FR citation]
                          Electric steam
                          Generating Units.
                                                  * * * * * * *
391-3-20...............  Enhanced Inspection and     12/30/02  July 9, 2003        [insert FR citation]
                          Maintenance.
                                                  * * * * * * *
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[FR Doc. 03-17204 Filed 7-8-03; 8:45 am]
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