[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Proposed Rules]
[Pages 23812-23814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11909]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0649-200749; FRL-8909-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Georgia State 
Implementation Plan (SIP), submitted by the Georgia Environmental 
Protection Division (GA EPD) in three submittals dated October 31, 
2006, March 5, 2007, and August 22, 2007. The submittals include 
modifications to Georgia's Rules for Air Quality Control, Chapter 391-
3-1. The October 31, 2006, revision includes changes to ``Permit 
Exemption for Combustion Equipment.'' The March 5, 2007, revisions 
include changes to ``NOX (Nitrogen Oxides) Emissions from 
Electric Utility Steam Generating Units,'' and ``Emission Statements.'' 
Finally, the August 22, 2007, submittal contains revisions to 
``Volatile Organic Compound,'' ``Provisions,'' and ``Stationary 
Engines.'' EPA is not acting on the August 22, 2007, revisions to rule 
391-3-1-.03(6) ``Exemptions, Combustion Equipment'' in this action. EPA 
is also not acting on the August 22, 2007, revisions to rule 391-3-
1-.03(9), as it is not part of the federally-approved SIP. These 
submittals included revisions to Georgia's Prevention of Signification 
Deterioration and Nonattainment New Source Review programs, which EPA 
addressed in a separate action (73 FR 51606). This action is being 
taken pursuant to section 110 of the Clean Air Act (CAA).

DATES: Written comments must be received on or before June 22, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. ``EPA-R04-
OAR-2006-0649,'' by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: 404-562-9019.
    4. Mail: ``EPA-R04-OAR-2006-0649,'' 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.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, 
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 Docket ID No. ``EPA-R04-OAR-
2006-0649.'' 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://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit through http://www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The http://www.regulations.gov Web site is an 
``anonymous access'' system, 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 http://www.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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. 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 http://www.regulations.gov 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 person 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: Ms. Stacy Harder, 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) 562-9042. Ms. Harder can also be reached via electronic mail 
at [email protected].

Table of Contents

I. EPA's Action
II. Analysis of Georgia's Submittals
III. Proposed Action
IV. Statutory and Executive Order Reviews

SUPPLEMENTARY INFORMATION:

I. EPA's Action

    On October 31, 2006, March 5, 2007, and August 22, 2007, GA EPD 
submitted proposed SIP revisions to EPA for review and approval into 
the Georgia SIP. The rules became state effective on April 19, 2006, 
March 12, 2007, and July 25, 2007, respectively. The revisions include 
changes made by the State of Georgia to Chapter 391-3-1. Specifically, 
the October 31, 2006, revision includes changes to Rule 391-3-
1-.03(6)(b) ``Permit Exemption for Combustion Equipment.'' The March 5, 
2007, revisions include changes to Rules 391-3-1-.02(2)(jjj) 
``NOX Emissions from Electric Utility Steam Generating 
Units,'' and 391-3-1-.02(6)(a)4 ``Emission Statements.'' Finally, the 
August 22, 2007, submittal contains revisions to Rules 391-3-
1-.01(llll)

[[Page 23813]]

``Volatile Organic Compound,'' 391-3-1-.02 ``Provisions,'' and 391-3-
1-.03(6)(b)11 ``Stationary Engines.'' EPA is now proposing to approve 
these revisions. The revisions summarized below are approvable pursuant 
to section 110 of the CAA.
    EPA is not acting on the August 22, 2007, revisions to rule 391-3-
1-.03(6) ``Exemptions, Combustion Equipment'' in this action. 
Additionally, EPA is not acting on the August 22, 2007, revisions to 
rule 391-3-1-.03(9), as it is not part of the federally-approved SIP.

II. Analysis of Georgia's Submittals

October 31, 2006, Submittal

Rule 391-3-1-.03(6)(b), ``Permit Exemption for Combustion Equipment''
    This revision adds two new subparagraphs, (b)14 and 15, for the 
purpose of exempting temporary boilers and electric generators that are 
used to replace a facility's boilers or generators during periods of 
repair or maintenance, from the requirement to obtain a permit. Fuel-
burning equipment that remains at a location for more than 180 
consecutive days is no longer considered to be a temporary boiler. 
Temporary fuel-burning equipment that replaces temporary equipment at a 
location to perform the same function will be included in calculating 
the total consecutive time period. This revision provides language 
stating the exemption is permissible ``provided the actual and 
potential emissions of the temporary sources do not exceed that of the 
main source.'' This rule revision is meant to streamline the permitting 
process for certain operators, and no longer requires stationary 
sources that install temporary boilers and electric generators to 
obtain a permit for the temporary equipment operated during periods of 
maintenance or repair.

March 5, 2007, Submittal

Rule 391-3-1-.02(2)(jjj), ``NOX Emissions from Electric 
Utility Steam Generating Units''
    The revision amends NOX emission limits in subparagraphs 
(jjj)4.,5.,6.,7., and 8., for coal-fired electric utility steam 
generating units with a maximum heat input greater than 250 Million 
British thermal units per hour (MMBtu/hr). The limit is based on a 30-
day rolling average (averaged over all existing units) and was 
effective at the beginning of the 2007 ozone season, which runs from 
May 1st through September 30th in Georgia. Consistent with the existing 
regulation, unit-specific NOX limits are to be established 
in a permit. This limit is also included as part of the Macon, Georgia, 
8-hour ozone maintenance plan (72 FR 53432).
    Subparagraph 4 specifies that the previous NOX emissions 
limit of 0.20 lb/MMBtu was effective through September 30, 2006. 
Subparagraph 5, which was effective May 1, 2007, lowers the existing 7-
plant emission limit to 0.18 lb/MMBtu, to account for lower 
NOX emissions from Plant Scherer. The requirements of 
subparagraphs 4 and 5 apply to all sources located in Bartow, Cherokee, 
Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Floyd, Forsyth, 
Fulton, Gwinnett, Heard, Henry, Monroe, Paulding, Putnam, and Rockdale 
Counties.
    Subparagraph 6 establishes an ozone season NOX emission 
limit of 0.17 lb/MMBtu for Georgia Power's Plant Scherer, located in 
Monroe County. The requirements in subparagraph 6 apply to sources 
located in Monroe County. These revisions also establish an ozone 
season NOX emissions limit for Georgia Power's Plant 
Scherer, which is located in the Macon area, and also contributes to 
ozone levels in the Atlanta nonattainment area.
Rule 391-3-1-.02(6)(a)4, ``Emission Statements''
    The revision amends subparagraph (a)4 to revise the emission 
statement requirements to be consistent with the Federal regulations 
for 8-hour ozone nonattainment areas. The Emission Statement deadline 
is changed from July 31st to June 15th of each calendar year. 
Additionally, applicability of the requirements is expanded to include 
the counties of Barrow, Bartow, Carroll, Hall, Newton, Spalding and 
Walton, which are parts of the Atlanta 8-hour ozone nonattainment area. 
The basis of this rule is to require submission of NOX and 
volatile organic compounds (VOC) emissions inventories for sources 
located in the Atlanta ozone non-attainment area. The purpose of the 
revision is to make the rule consistent with current federal 
regulations for 8-hour ozone nonattainment areas.

August 22, 2007, Submittal

Rule 391-3-1-.01(llll), ``Volatile Organic Compound''
    The revision submitted by GA EPD adds one compound to the list of 
those excluded from the definition of VOC, on the basis that the 
compound makes a negligible contribution to ozone formation. 
Tropospheric ozone, commonly known as smog, occurs when VOCs and 
NOX react in the atmosphere. Because of the harmful health 
effects of ozone, EPA limits the amount of VOCs and NOX that 
can be released into the atmosphere. VOCs are those compounds of carbon 
(excluding carbon monoxide, carbon dioxide, carbonic acid, metallic 
carbides, or carbonates, and ammonium carbonate) which form ozone 
through atmospheric photochemical reactions. Compounds of carbon (or 
organic compounds) have different levels of reactivity; they do not 
react at the same speed, or do not form ozone to the same extent.
    It has been EPA's policy that compounds of carbon with a negligible 
level of reactivity need not be regulated to reduce ozone (42 FR 35314, 
July 8, 1977). EPA determines whether a given carbon compound has 
``negligible'' reactivity by comparing the compound's reactivity to the 
reactivity of ethane. EPA lists these compounds in its regulations at 
40 CFR 51.100(s), and excludes them from the definition of VOC. The 
chemicals on this list are often called ``negligibly reactive.'' EPA 
may periodically revise the list of negligibly reactive compounds to 
add compounds to or delete them from the list. GA EPD's revision 
modified the definition of VOC to exclude: 1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethylpentane.
    This revision updates the definition of VOC, to comply with the 
Federal list of compounds designated as having negligible photochemical 
reactivity.
Rule 391-3-1-.02, ``Provisions''
    GA EPD is revising paragraph (12) ``Clean Air Interstate Rule 
NOX Annual Trading Program,'' by deleting inadvertent 
references and inserting the correct references in subparagraphs 
(f)3(iii), (g)1(i) and (g)1(ii). The rule is being revised to correct 
cross-references. Subparagraph (f)3(iii) inadvertently references the 
wrong subparagraphs for determining the control period for baseline 
heat input for NOX allocations. Revisions to subparagraph 
(f)3(iii) updates the reference to subparagraph (f)2(i) and (ii), and 
(f)2.(iii) with references to subparagraphs (f)3.(i) and (ii), and 
(f)3.(i) through (f)3.(ii), respectively. Subparagraphs (g)1.(i) and 
(ii) are amended to be consistent with the changes to subparagraph 
(f)3.(iii) above, as well as to add a wording change to clarify the 
control period. Specifically, the reference in subparagraph (g)1.(i) 
currently stated as ``(f)2. through (f)3.,'' is updated to correctly 
read ``(f)1.(i).'' The current reference in (g)1.(ii) to subparagraph 
(f)2. through (f)3 is also revised to ``(f)1.(ii).'' Additionally, the 
words ``that is four years'' are added to describe the control period 
in subparagraph (g)1.(ii).

[[Page 23814]]

Rule 391-3-1-.03(6)(b)11, ``Stationary Engines''
    The revision corrects an inadvertent error in subparagraphs (iii) 
and (iv) to read ``hours-per-year,'' rather than ``hours-per-hour.''

III. Proposed Action

    EPA is proposing to approve the aforementioned revisions, 
specifically, Chapters 391-3-1-.03(6)(b), 391-3-1-.02(2)(jjj), 391-3-
1-.02(6)(a)4, 391-3-1-.01(llll), 391-3-1-.02, and 391-3-1-.03(6)(b)11, 
into the Georgia SIP. These revisions were submitted by GA EPD on 
October 31, 2006, March 5, 2007, and August 22, 2007.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
proposed action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporated by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: May 11, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. E9-11909 Filed 5-20-09; 8:45 am]
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