[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Rules and Regulations]
[Pages 62249-62251]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28255]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2006-0649-200918; FRL-8984-7]
Approval and Promulgation of Implementation Plans; Georgia:
Revisions to State Implementation Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action 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. 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 also included revisions to Georgia's Prevention of
Signification Deterioration (PSD) and Nonattainment New Source Review
(NNSR) programs, which EPA is addressing separately. This action is
being taken pursuant to section 110 of the Clean Air Act (CAA).
DATES: Effective Date: This rule will be effective December 28, 2009.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R04-OAR-2006-0649. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, i.e., Confidential Business
Information 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 through 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: Deanne Grant, 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)
562-9291. Ms. Grant can also be reached via electronic mail at
[email protected]. For information relating to the Georgia SIP,
please contact Ms. Stacy Harder at (404) 562-9042. Ms. Harder can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. EPA's Action.
II. Background.
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. EPA's Action
EPA is taking final action to approve SIP revisions, provided by
the State of Georgia in three respective submittals, to Chapter 391-3-
1. The first submittal dated October 31, 2006, includes revisions to
Rule 391-3-1-.03(6)(b) ``Permit Exemption for Combustion Equipment.''
The second submittal dated March 5, 2007, includes revisions 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.'' The third submittal dated August 22, 2007, includes
revisions to Rules 391-3-1-.01(llll) ``Volatile Organic Compound,''
391-3-1-.02(12) ``Clean Air Interstate Rule NOX Annual
Trading Program,'' and 391-3-1-.03(6)(b)11 ``Stationary Engines.'' The
revisions 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)(b)16
``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, or on provisions
pertaining to Georgia's PSD and NNSR rules.
II. Background
The GA EPD submitted revisions to the Georgia SIP in three
submittals dated October 31, 2006, March 5, 2007, and August 22, 2007.
The October 31, 2006, submittal revises Rule 391-3-1-.03(6)(b),
``Permit Exemption for Combustion Equipment.'' This revision adds two
new subparagraphs, (b)14 and
[[Page 62250]]
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. This rule revision is meant to streamline the permitting
process for certain operators, and no longer require stationary sources
that install temporary boilers and electric generators to obtain a
permit for the temporary equipment operated during periods of
maintenance or repair. 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.''
The March 5, 2007, submittal revises Rule 391-3-1-.02(2)(jjj),
``NOX Emissions from Electric Utility Steam Generating
Units.'' This 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. Additionally, the March 5, 2007, submittal
revises Rule 391-3-1-.02(6)(a)4, ``Emission Statements.'' This revision
amends the emission statement requirements so they are consistent with
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 part 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 August 22, 2007, submittal revises Rule 391-3-1-.01(llll),
``Volatile Organic Compound.'' This revision adds 1,1,1,2,2,3,4,5,5,5-
decafluoro-3-methoxy-4-trifluoromethylpentane to the list of those
excluded from the definition of VOC, on the basis that the compound
makes a negligible contribution to ozone formation. Therefore, the
revision updates the definition of VOC, to comply with the Federal list
of compounds designated as having negligible photochemical activity.
The August 22, 2007, submittal also revises Rule 391-3-1-.02(12),
``Provisions,'' by deleting inadvertent references and inserting
correct references in paragraph (12), ``Clean Air Interstate Rule
NOX Annual Trading Program.'' Lastly, the August 22, 2007,
submittal revises Rule 391-3-1-.03(6)(b)11, ``Stationary Engines,'' to
correct an inadvertent error in subparagraphs (iii) and (iv) to read
``hours-per-year,'' rather than ``hours-per-hour.'' The rules in these
three submittals became State effective on April 19, 2006, March 12,
2007, and July 25, 2007, respectively.
The May 21, 2009, rulemaking proposed approval of the
aforementioned revisions to the Georgia SIP (74 FR 23812). The comment
period closed on June 22, 2009, and no comments were received. A
detailed discussion of Georgia's submittals and EPA's rationale for
approval of these Georgia SIP revisions may be found in the proposed
rulemaking notice. The discussion in the proposed rule describes the
basis on which EPA is now taking final action on the Georgia SIP
revisions.
III. Final Action
EPA is taking final action 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(12), 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. These
revisions meet CAA requirements and are consistent with EPA policy and
regulations.
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
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 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.
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 action 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 CAA, petitions for judicial review
of this action must be filed in the United States
[[Page 62251]]
Court of Appeals for the appropriate circuit by January 26, 2010.
Filing a petition for reconsideration by the Administrator of this
final rule does not affect the finality of this action 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, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 16, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 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 as follows:
0
a. By revising the entries for ``391-3-1-.01,'' ``391-3-
1-.02(2)(jjj),'' ``391-3-1-.02(12),'' and ``391-3-1-.03''.
0
b. By adding an entry in numerical order for ``391-3-1-.02(6)''.
0
c. By removing the entry for ``391-3-1-.02(2)(6)''.
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
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391-3-1-.01...................... Definitions......... 7/25/07 11/27/09 [Insert ....................
citation of
publication].
* * * * * * *
391-3-1-.02(2) (jjj)............. NOX Emissions from 3/12/07 11/27/09 [Insert ....................
Electric Utility citation of
Steam Generating publication].
Units.
* * * * * * *
391-3-1-.02(6)................... Source Monitoring... 3/12/07 11/27/09 [Insert ....................
citation of
publication].
* * * * * * *
391-3-1-.02(12).................. Clean Air Interstate 7/25/07 11/27/09 [Insert ....................
Rule NOX Annual citation of
Trading Program. publication].
* * * * * * *
391-3-1-.03...................... Permits............. 7/25/07 11/27/09 [Insert Paragraph (9) Permit
citation of Fees; Paragraph
publication]. (10) Title V
Operating Permits
are not Federally
approved.
* * * * * * *
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[FR Doc. E9-28255 Filed 11-25-09; 8:45 am]
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