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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Rules and Regulations]
[Page 45914-45915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-13]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[GA-49-200232(a); FRL-7244-7]

Approval and Promulgation of Implementation Plans; Georgia:
Approval of Revisions to 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)
revision submitted by the State of Georgia through the Georgia
Environmental Protection Division (GAEPD) on November 17, 1999. The
revision pertains to William L. Bonnell's Air Quality Permit. This
permit revision went through a thirty day comment period and was the
subject of a public hearing on September 8, 1999. No comments were
received on the permit revisions. The revised permit became State
effective on October 7, 1999.

DATES: This direct final rule is effective September 9, 2002, without
further notice, unless EPA receives adverse comment by August 12, 2002.
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: All comments should be addressed to: Scott Martin at the
EPA, Region 4 Air Planning Branch, 61 Forsyth Street, SW., Atlanta,
Georgia 30303-8960.
Copies of the State submittal(s) are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 4, Air Planning Branch, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Air Protection Branch, Georgia Environmental Protection Division,
Georgia Department of Natural Resources, 4244 International Parkway,
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.

FOR FURTHER INFORMATION CONTACT: Scott Martin 404-562-9036. E-mail:
martin.scott@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

On November 17, 1999, the GAEPD submitted revisions to the Georgia
SIP pertaining to William L. Bonnell's Air Quality Permit No. 3354-038-
6686-O. This permit is a nitrogen oxide reasonably available control
technology (NO_X RACT) permit. Conditions 17-30 were approved
by the EPA on March 18, 1999 (see 64 FR 13348). In today's action EPA
is approving revisions to conditions 17 and 22, and the addition of new
conditions 31 and 32.

II. Analysis of State's Submittal

The revised conditions read as follows:
#17. The Permittee shall burn natural gas exclusively for all fuel
burning equipment covered by this Permit during the months of May
through September of each year, except during times of interruption of
the natural gas supply or during emergency conditions. During such
times, the Permittee may burn liquid propane gas (LPG) as an
alternative fuel.
#22. The Permittee shall conduct, or cause to be conducted, on an
annual basis, on the No. 5 furnace, burner tunings to optimize the
burner fuel/air ratio and to establish the optimum operating point
which generates the greatest decrease in NO_X concentration
(corrected to 3 percent oxygen) while maintaining a safe level of
carbon monoxide (CO) in the exhaust gases.
The new conditions read as follows:
#31. The Permittee shall not operate the No. 6 furnace at an excess
air of greater than 10 percent.
#32. The Permittee shall retain records of all LPG burned during
the months of May through September. Said records shall include the
date, gallons burned, and the reason for LPG as opposed to natural gas.
The records shall be kept in a log suitable for inspection and/or
submittal to the Division, and shall be maintained for 5 years from the
date of creation.

III. 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 September 9,
2002, without further notice unless the Agency receives adverse
comments by August 12, 2002.
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 September 9, 2002, 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.

IV. Administrative Requirements

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 (Public Law 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 Federal
Government and Indian tribes, as specified by Executive Order 13175
(59 FR 22951, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States,

[[Page 45915]]

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 September 9, 2002. 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,
Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides,
Volatile organic compounds.

Dated: June 28, 2002.
Winston A. Smith,
Acting Regional Administrator, Region 4.

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

2. a. In the table in Sec. 52.570(d), the following entries are
revised: William L. Bonnell Co.
The revision reads as follows:

Sec. 52.570 Identification of plan.

* * * * *
(d) * * *

EPA Approved Georgia Source--Specific Requirements
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State
Name of source Permit No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
William L. Bonnell................. 3354-038-O conditions 17 10/7/99 07/11/02 [and FR
through 32. Cite].

* * * * * *
*
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[FR Doc. 02-17455 Filed 7-10-02; 8:45 am]
BILLING CODE 6560-50-P

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

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