
[Federal Register: November 27, 2009 (Volume 74, Number 227)]
[Rules and Regulations]               
[Page 62249-62251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no09-16]                         

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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 
grant.deanne@epa.gov. 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 harder.stacy@epa.gov.

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
----------------------------------------------------------------------------------------------------------------
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]

BILLING CODE 6560-50-P
