[Federal Register Volume 70, Number 88 (Monday, May 9, 2005)]
[Rules and Regulations]
[Pages 24310-24314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9215]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R04-OAR-2005-GA-0004-200504(a); FRL-7909-3]


Approval and Promulgation of Implementation Plans Georgia: 
Approval 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, through the Georgia 
Environmental Protection Division (GAEPD), on March 15, 2005. These 
revisions pertain to Georgia's rules for Air Quality Control. These 
revisions were the subject of a public hearing held on March 18, 2004, 
adopted by the Board of Natural Resources on April 28, 2004, and became 
effective on July 8, 2004. On September 26, 2003, EPA published a final 
rule in the Federal Register (see 68 FR 55469) reclassifying the 
Atlanta 1-hour ozone nonattainment area from serious to severe. These 
revisions satisfy the additional requirements for severe 1-hour ozone 
nonattainment areas.

DATES: This direct final rule is effective July 8, 2005 without further 
notice, unless EPA receives adverse comment by June 8, 2005. 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: Submit your comments, identified by Regional Material in 
EDocket (RME) ID No. R04-OAR-2005-GA-0004, by one of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Agency Web site: http://docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Once in the system, select ``quick search,'' 
then key in the appropriate RME Docket identification number. Follow 
the on-line instructions for submitting comments.
    3. E-mail: [email protected].
    4. Fax: (404) 562-9019.
    5. Mail: ``R04-OAR-2005-GA-0004'', 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.
    6. 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, 8:30 to 4:30, 
excluding federal holidays.
    Instructions: Direct your comments to RME ID No. R04-OAR-2005-GA-
0004. EPA's policy is that all comments received will be included in 
the public docket without change and may be made available online at 
http://docket.epa.gov/rmepub/, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information

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whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through RME, 
regulations.gov, or e-mail. The EPA RME Web site and the federal 
regulations.gov Web site are ``anonymous access'' systems, which means 
EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an e-mail comment 
directly to EPA without going through RME or regulations.gov, your e-
mail address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically in RME 
or in hard copy at the 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. 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, 8:30 to 4:30, excluding 
federal holidays.

FOR FURTHER INFORMATION CONTACT: 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. The telephone number 
is (404) 562-9036. Mr. Martin can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION: The use of ``we,'' ``us,'' or ``our'' in 
this document refers to EPA.

Table of Contents

I. General Information
II. Background
III. Analysis of State's Submittal
IV. Final Action
V. Statutory and Executive Order Reviews

I. General Information

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

    In addition to the publicly available docket materials available 
for inspection electronically in Regional Material in EDocket, and the 
hard copy available at the Regional Office, which are identified in the 
ADDRESSES section above, 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.

II. Background

    The EPA is approving the SIP revisions submitted by the State of 
Georgia, through the GAEPD, on March 15, 2005. These revisions pertain 
to Georgia's rules for Air Quality Control. These revisions were the 
subject of a public hearing held on March 18, 2004, adopted by the 
Board of Natural Resources on April 28, 2004, and became State 
effective on July 8, 2004. These revisions satisfy the additional 
requirements for severe 1-hour ozone nonattainment areas required as a 
result of the final rule published by EPA on September 26, 2003, in the 
Federal Register (see 68 FR 55469) reclassifying the Atlanta 1-hour 
ozone nonattainment area from serious to severe.
    As a result of the Atlanta 1-hour ozone nonattainment area being 
reclassified to severe, GAEPD was required to submit a SIP revision 
addressing the additional requirements for severe areas pursuant to 
section 182(d) of the CAA. Those requirements are addressed below. The 
Atlanta 1-hour severe ozone nonattainment area (Atlanta area) includes 
the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, 
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding and 
Rockdale.

III. Analysis of State's Submittal

    Under section 182(d) of the CAA, states with severe ozone 
nonattainment areas are required to revise their rules to include (1) a 
reduction in the major stationary source threshold for volatile organic 
compounds (VOC) and nitrogen oxides (NOX) to 25 tons per 
year from 50 tons per year; (2) additional reasonably available control 
technology (RACT) rules for sources subject to the new lower major 
source applicability threshold; and (3) an increase in the New Source 
Review (NSR) offset requirement to at least 1.3 to 1 from the serious 
area requirement of 1.2 to 1. EPA has reviewed the State's revised 
rules and have found them to be consistent with the requirements of CAA 
section 182(d), thus the Agency is approving these revised rules into 
the Georgia SIP. A summary of the revised rules follows:
    Rule 391-3-1-.02, subparagraph (2)(yy): ``Emissions of Nitrogen 
Oxides from Major Sources,'' is being amended to lower the 
applicability threshold from 50 to 25 tons per year for sources located 
in the Atlanta area. Existing sources with NOX emissions 
between 25 and 50 tons per year must adopt RACT to reduce those 
emissions over 25 tons per year according to a schedule set forth in 
the amended rule.
    Rule 391-3-1-.03, subparagraph (6)(g): ``Permit Exemptions--
Pollution Control Facilities--Municipal Solid Waste Landfills,'' is 
being amended to reduce the permit exemption threshold for municipal 
solid waste landfills from 50 to 25 tons of NOX per year.
    Rule 391-3-1-.03, subparagraph (8)(c)13: ``Permit Requirements--
Additional Provisions for Ozone Nonattainment Areas,'' is being amended 
to require newly constructed major sources, as well as modifications to 
existing major sources that result in emissions increases of VOC or 
NOX exceeding 25 tons per year, to offset those new 
emissions by obtaining enforceable emission reductions from other 
sources located within the nonattainment area at a ratio of 1.3 to 1 
consistent with the NSR requirements for severe ozone nonattainment 
areas.
    Rule 391-3-1-.03, subparagraph (11)(b)1: ``Permit by Rule 
Standards--Fuel-Burning Equipment Burning Natural Gas/LPG and/or 
Distillate Oil,'' is being amended. This rule currently allows certain 
fuel-burning facilities to avoid Title V permitting requirements 
provided they meet annual fuel usage limits and maintain records as 
specified in the rule. As a result of the Atlanta 1-hour ozone 
nonattainment area's reclassification, the proposed annual fuel usage 
limits are being lowered to allow fuel-burning equipment to utilize a 
mixture of distillate fuel oil and natural gas or Liquid Petroleum Gas

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(LPG) while keeping NOX emissions at approximately 80% of 
the new major source threshold. The amended rule limits those affected 
sources located in the Atlanta area to usage of 300 (from 450) million 
cubic feet of natural gas or 1.5 (from 3.5) million gallons of LPG and 
500,000 (from 800,000) gallons of distillate oil during any twelve 
consecutive months. The revised rule also requires affected sources in 
those counties to submit a new written certification of compliance with 
the revised rule by no later than October 31, 2004.
    Rule 391-3-1-.03, subparagraph (11)(b)2: ``Permit by Rule 
Standards--Fuel-Burning Equipment Burning Natural Gas/LPG and/or 
Residual Oil,'' is being amended to reduce the annual fuel usage limits 
to correspond to the reduction in major source threshold from 50 to 25 
tons per year. The proposed annual fuel usage limits are designed to 
allow fuel-burning equipment to utilize a mixture of residual fuel oil 
and natural gas or LPG while keeping NOX emissions at 
approximately 80% of the new major source threshold. The amended rule 
limits those affected sources located in the Atlanta area to usage of 
300 (from 400) million cubic feet of natural gas or 1.5 (from 3.2) 
million gallons of LPG) and 200,000 (from 400,000) gallons of residual 
oil during any twelve consecutive months, and requires affected sources 
in those counties to submit a new written certification of compliance 
with the revised rule by no later than October 31, 2004.
    Rule 391-3-1-.03, subparagraph (11)(b)3: ``Permit by Rule 
Standards--On-Site Power Generation,'' is being amended to reduce 
annual fuel usage limits to correspond to the reduction in major source 
threshold from 50 to 25 tons per year. The amended rule limits those 
affected sources located in the Atlanta area to production of 1.675 
(from 3.35) million horsepower-hours during any twelve consecutive 
months, and requires affected sources in those counties to submit a new 
written certification of compliance with the revised rule by no later 
than October 31, 2004.
    Rule 391-3-1-.03, subparagraph (11)(b)5: ``Permit by Rule 
Standards--Hot Mix Asphalt Plants,'' is being amended to reduce the 
annual fuel usage limits to correspond to the reduction in major source 
threshold from 50 to 25 tons per year. The current statewide Permit by 
Rule limits are intended to keep SO2 emissions below the 100 ton per 
year major source threshold. This rule amendment adds new provisions 
for asphalt plants located within the 13-county Atlanta 1-hour Ozone 
Nonattainment Area so that their NOX emissions will not 
exceed 80% of the new major source threshold. The amended rule limits 
those affected sources located in the Atlanta area to production of 
300,000 (from 400,000) tons of asphalt per 12 consecutive months at 
``new'' (i.e., constructed or modified after June 11, 1973) plants that 
are permitted to burn natural gas/LPG and/or distillate oil only. The 
amended rule limits new and existing asphalt plants in the 13-county 
Atlanta 1-hour ozone nonattainment area that are permitted to burn 
natural gas/LPG, distillate oil, and residual oil in any combination, 
to production of 125,000 (from 200,000) tons of asphalt per 12 
consecutive months. Those facilities permitted to burn oil in any 
combination will be limited to usage of 250,000 (from 678,000) gallons 
of oil per 12 consecutive months. The current limit on fuel oil sulfur 
content of 1.5 percent remains unchanged. Affected sources in the 13-
county Atlanta 1-hour ozone nonattainment area will be required to 
submit a new written certification of compliance with the revised rule 
by no later than October 31, 2004.
    Rule 391-3-1-.03, subparagraph (13)(d)1: ``Emission Reduction 
Credits--Discounting and Revocation of Emission Reduction Credits,'' is 
being amended. Under the previous rule, sources subject to this rule 
were allowed to bank emission credits that had been created by actual, 
enforceable reductions in emissions at a facility. Subparagraph 
(d)(1)(i)(II) of the previous rule provided for discounting (by 20%) 
emission reduction credits created at facilities located in the Atlanta 
area that have potential emissions of VOC and/or NOX that 
are above the rule applicability threshold of 25 tons per year, but 
less than the serious area major source threshold of 50 tons per year. 
As a result of the Atlanta 1-hour ozone nonattainment area's 
reclassification from serious to severe, all sources in the area of VOC 
and NOX that emit at least 25 tons per year will no longer 
be able to bank credits for any emissions of VOC and/or NOX 
exceeding the severe area threshold.

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 July 8, 
2005 without further notice unless the Agency receives adverse comments 
by June 8, 2005.
    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 July 8, 2005 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 (Pub. L. 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

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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 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 July 8, 2005. 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, 
Incorporation by reference, Nitrogen dioxide, Ozone, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: April 29, 2005.
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. Section 52.570(c), is amended by revising entries for: ``391-3-
1-.02(2)(yy) Emissions of Nitrogen Oxides from Major Sources'' and 
``391-3-1-.03 Permits'' 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 date           EPA approval date                       Explanation
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                                                                      * * * * * * *
391-3-1-.02(2)(yy)...............  Emissions of Nitrogen              7/8/2004  5/9/2005 [Insert first page number
                                    Oxides from Major Sources.                   of publication].
 
                                                                      * * * * * * *
391-3-1-.03......................  Permits....................        7/8/2004  5/9/2005 [Insert first page number
                                                                                 of publication].
 
                                                                      * * * * * * *
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[FR Doc. 05-9215 Filed 5-6-05; 8:45 am]
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