[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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