Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules 48027

SUMMARY: On February 21, 1997 the

Ohio Environmental Protection Agency

(Ohio EPA) submitted a State

Implementation Plan (SIP) revision

request to USEPA which consisted of a

number of rules and rule paragraphs

formerly contained in the Ohio

Administrative Code (OAC) which had

been incorporated in the Ohio SIP but

which had been amended or removed

from the OAC by the State. The State

requested that these rules and rule

paragraphs be removed from the Ohio

SIP since they are no longer part of the

OAC. The USEPA is proposing to

approve the State’s request. In the final

rules section of this Federal Register,

the USEPA is approving the State’s

request as a direct final rule without

prior proposal because USEPA views

this action as noncontroversial and

anticipates no adverse comments. A

detailed rationale for approving the

State’s request is set forth in the direct

final rule. If no adverse written

comments are received in response to

that direct final rule, no further activity

is contemplated in relation to this

proposed rule. If USEPA receives

substantive adverse written comments

which have not already been responded

to, the direct final rule will be

withdrawn and all such public

comments received will be addressed in

a subsequent final rule based on the

proposed rule. USEPA will not institute

a second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

DATES: Written comments on this

proposed rule must be received on or

before October 14, 1997.

ADDRESSES: Written comments may be

mailed to J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), Region 5 at

the address listed below. Copies of the

materials submitted by the Ohio EPA

may be examined during normal

business hours at the following

locations: Regulation Development

Section, Air Programs Branch (AR–18J),

U.S. Environmental Protection Agency,

77 West Jackson Boulevard, Chicago,

Illinois, 60604. Ohio EPA, Division of

Air Pollution Control, 1800 Watermark

Drive, Columbus, OH 43215.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano at (312)886–6036.

SUPPLEMENTARY INFORMATION:

For additional information see the

direct final rule published in the rules

section of this Federal Register.

Dated: August 27, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

[FR Doc. 97–23978 Filed 9–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[GA–34–1–9709; FRL–5891–9]

Approval And Promulgation Of

Implementation Plans; Georgia:

Approval of Revisions to the Georgia

State Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed conditional interim

approval.

SUMMARY: The EPA proposes a

conditional interim approval of the

State Implementation Plan (SIP)

submitted by the State of Georgia

through the Georgia Environmental

Protection Division (EPD) on November

15, 1993, and amended on June 17,

1996, which included the 15% Rate-ofProgress Plan (15% plan). This

submittal was made to meet the 15%

plan requirements of section

182(b)(1)(A) of the Clean Air Act, as

amended in 1990 (CAA). The EPA is

proposing a conditional interim

approval because achievement of the

15% reduction in emission of volatile

organic compounds (VOCs) is

dependent upon full implementation of

the enhanced inspection and

maintenance (I/M) plan and the

conditions pertaining to the

implementation of a low Reid Vapor

Pressure (RVP) program of 7.0. Full

approval of the 15% plan will be

granted upon full approval of the I/M

plan and the conditional approval of the

low RVP program. The final interim

approval of the I/M plan was published

in the Federal Register on August 11,

1997 (see 62 FR 42916). Full approval

of the individual measures that

comprise the 15% plan except for I/M

and the low RVP program is also being

proposed in this document.

Additionally, the EPA is proposing

full approval of Georgia’s 1990 Baseline

Inventory. The inventory was submitted

by the State to fulfill requirements of

section 182(b) of the CAA.

DATES: Comments on this proposed

conditional interim action must be

received in writing by October 14, 1997.

ADDRESSES: Written comments on this

action should be addressed to Scott M.

Martin, at the EPA Regional Office listed

below.

Copies of the documents relative to

this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303–3104.

Air Protection Branch, Georgia

Environmental Protection Division,

Georgia Department of Natural

Resources, 4244 International

Parkway, Suite 120, Atlanta, Georgia

30354.

FOR FURTHER INFORMATION CONTACT:

Scott M. Martin, Regulatory Planning

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 Environmental

Protection Agency, 61 Forsyth Street,

SW, Atlanta, Georgia 30303–3104. The

telephone number is 404/562–9036.

SUPPLEMENTARY INFORMATION:

Background

The Atlanta area was classified as

serious ozone nonattainment on

November 6, 1991. The nonattainment

area consists of the following thirteen

counties: Cherokee, Clayton, Cobb,

Coweta, Dekalb, Douglas, Fayette,

Forsyth, Fulton, Gwinnet, Henry,

Paulding, and Rockdale.

Section 182(b) of the CAA requires

that each state in which all or part of a

serious nonattainment area is located

submit, by November 15, 1992, an

inventory of actual emissions from all

sources, as described in section

172(c)(3) and 182(a)(1), in accordance

with guidance provided by the

Administrator. This inventory is for

calendar year 1990 and is designated the

baseline year inventory. The inventory

should include both anthropogenic and

biogenic sources of volatile organic

compounds (VOCs), nitrogen oxides

(NOX), and carbon monoxide (CO), and

must address actual emissions of these

pollutants in the nonattainment area

during the peak ozone season. The

inventory should include all point and

area sources, as well as all highway and

non-highway mobile sources.

In addition, section 182(b)(1)(A) of the

CAA requires ozone nonattainment

areas classified as moderate and above

to develop plans to reduce VOC

emissions by 15 percent from the 1990

baseline. The plans were to be

submitted by November 15, 1993, and

the reductions were required to be

achieved within six years of enactment

or November 15, 1996. The CAA also set
48028 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules

limitations on the creditability of certain

types of reductions. Specifically, a state

cannot take credit for reductions

achieved by Federal Motor Vehicle

Control Program (FMVCP) measures

promulgated prior to 1990, or for

reductions resulting from requirements

to lower the Reid Vapor Pressure (RVP)

of gasoline promulgated prior to 1990 or

required under section 211(h) of the

CAA, which restricts gasoline RVP.

Furthermore, the CAA does not allow

credit for corrections to vehicle I/M

Programs or corrections to Reasonably

Available Control Technology (RACT)

rules as these programs were required

prior to 1990.

1990 Baseline Emissions Inventory

In this action, the EPA is proposing to

approving the 1990 baseline emissions

inventory for the Atlanta area. Detailed

information on the emissions

calculations can be obtained at the

Regional address above. The following

table is a summary of the baseline

emissions inventory.

GEORGIA 1990 BASELINE EMISSIONS INVENTORY (TONS/DAY)

Source type VOC NOX CO

Point ......................................................................................................................................................... 57.55 121.34 6.38

Area .......................................................................................................................................................... 138.94 25.74 85.73

Highway .................................................................................................................................................... 401.74 304.04 2,890.28

EPA Offroad ............................................................................................................................................. 79.50 65.35 573.65

Aircraft & ................................................................................................................................................... 9.06 22.26 31.43

Biogenic .................................................................................................................................................... 429.10 N/A N/A

Total ............................................................................................................................................... 1,115.89 538.73 3,587.47

The adjusted base year inventory

requires exclusion of emission

reductions that would occur by 1996 as

a result of the FMVCP and RVP

promulgated prior to 1990. The

following table is a summary of the

adjusted base year inventory.

GEORGIA 1990 ADJUSTED BASELINE

INVENTORY (TONS/DAY)

Source type VOC

Point .............................................. 57.55

Area .............................................. 135.51

Highway Mobile ............................ 244.57

EPA Offroad Mobile ...................... 79.50

Aircraft & Railroad ........................ 9.06

Total ................................... 526.19

1990 Rate-of-Progress Inventory

The Rate-of-Progress inventory is

comprised of the anthropogenic

stationary (point and area) and mobile

sources in the nonattainment area with

all biogenic emissions removed from the

baseline inventory. The following table

is a summary of the Rate-of-Progress

baseline inventory.

GEORGIA 1990 RATE-OF-PROGRESS

BASELINE

Source type VOC

Point .............................................. 57.55

Area .............................................. 138.94

Highway ........................................ 401.74

EPA Offroad .................................. 79.50

Aircraft & ....................................... 9.06

Total ................................... 686.79

The EPA is proposing to approve this

inventory as satisfying the requirements

of section 182(a)(1) of the CAA.

15% Plan

The State of Georgia submitted a 15%

Plan for the Atlanta nonattainment area

on November 15, 1993, with additional

information submitted on June 17, 1996.

This submittal was required in order to

demonstrate reasonable further progress

in attaining the National Ambient Air

Quality Standard (NAAQS) for ozone.

This 15% plan is not intended to

demonstrate attainment of the ozone

NAAQS. The CAA required Georgia to

submit a plan by November 15, 1993,

and to attain the ozone NAAQS by 1999.

In order to demonstrate progress, the

State must achieve actual VOC emission

reductions of at least 15% from the

baseline and account for growth during

the first 6 years after enactment of the

CAA. The 15% reduction must be based

on a decrease of the 1990 baseline

emissions, excluding emissions from

other reduction programs and emission

sources outside the nonattainment area.

Creditable 15% Reduction

The adjusted base year inventory of

526.19 tons/day is multiplied by 0.15 to

calculate the creditable 15% reduction

in tons/day. Georgia needs a reduction

of 78.93 tons/day to obtain the

creditable 15% reduction.

Total Expected Reductions by 1996

The total expected reductions by 1996

include the required 15% (78.93 tons/

day), the reductions from FMVCP and

RVP (160.60 tons/day), corrections to

RACT rules (3.05 tons/day) and

corrections to I/M programs (0.00 tons/

day). Georgia expects to have a total of

242.58 tons/day of reductions by 1996.

Target Level Emissions for 1996

To calculate the 1996 target emissions

level, the total expected reductions

(242.58 tons/day) are subtracted from

the 1990 Rate-of-Progress baseline

inventory (686.79 tons/day) for the

Atlanta nonattainment area. This gives a

1996 target level emissions of 444.21

tons/day.

Reductions Needed by 1996 to Achieve

15% Accounting for Growth

The reductions needed to achieve

15% net of growth are determined by

subtracting the target level emissions

(444.21 tons/day) from the 1996

estimated emissions (560.21 tons/day)

giving a total of 116.00 tons/day in

additional reductions needed.

Reductions Required by 1996

In order to meet the target level

required for 1996 Georgia must reduce

VOC emissions by an additional 116.00

tons/day. The 1990 Rate-of-Progress

Baseline inventory is the base inventory

from which the 15 percent reduction on

existing sources and the reduction from

growth by 1996 must be calculated to

meet requirements of the CAA.

The following is a summary of the

reductions Georgia will obtain to meet

this requirement. More detailed

information concerning specific areas of

reduction can be found in the Technical

Support Document (TSD) located at the

Regional EPA address listed above.
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules 48029

SUMMARY OF REDUCTIONS NEEDED

Source type

Expected

reductions

(tons/day)

Point Sources ............................... 4.28

Area Sources ................................ 37.97

Highway Mobile Sources .............. 71.88

Non-Road Mobile Sources ........... 2.93

Reductions Demonstrated ............ 117.06

Required Reductions .................... 116.00

Excess Reductions ....................... 1.06

1996 Projected Emissions

The projected emissions for 1996 have

been calculated by applying the control

measures discussed below to the 1996

Estimated Emissions. The 1996

Projected Emissions are shown as

follows:

1996 PROJECTED EMISSIONS (TONS/

DAY)

Point .............................................. 50.77

Area .............................................. 118.83

Mobile ........................................... 183.12

Nonroad ........................................ 90.43

Total ................................... 443.15

The 1996 Projected Emissions of

443.15 tons/day are less than the 1996

Target Level Emissions of 444.21 tons/

day.

Control Strategies

Point Source Control Measures

Point Source Rule Effectiveness

Improvements

Following EPA guidance on rule

effectiveness (RE) and RE

improvements, RE for gasoline

terminals, major graphic arts sources,

and coil coating plants will be increased

from the default 80% to 91.0% thus

reducing emissions 2.25 tons/day, 0.97

tons/day, and 0.64 tons/day from

respective 1990 levels. The above RE

improvements do not require any rule

changes.

Area Source Control Measures

Stage I

Stage I VOC emissions are VOC

emissions from the loading of

underground gasoline storage tanks at

gasoline dispensing facilities. In 1991,

Georgia Rule 391–3–1–.02(2)(rr)

‘‘Gasoline Dispensing Facility-Stage I’’

(rule (rr)) was revised to lower

applicability level from facilities with

throughput of more than 20,000 gallons

per month to 10,000 gallons per month.

The revised applicability will result in

a reduction of 3.05 tons/day. This

reduction is included as part of the

Total Expected Reductions by 1996 but

is not creditable towards the 15%

reduction since it is a correction to a

RACT rule.

In 1990, the Atlanta ozone

nonattainment area did not include

Forsyth and Cherokee counties so rule

(rr) did not apply there. Rule (rr) was

revised to require compliance in these

two counties by November 1992,

resulting in a reduction equal to 1.27

tons/day.

The above reductions from Stage I are

based on the EPA suggested 80% value

for RE. Since the majority of these

facilities will become subject to and

comply with the Stage II requirements

of Rule 391–3–1–.02.(2)(zz) ‘‘Gasoline

Dispensing Facilities-Stage II,’’ there

will be additional inspections, operator

education and training, etc. which will

improve the RE of the Stage I rule. The

RE will increase from 80% to 85.6%

upon implementation of these

additional programs. This will reduce

projected 1996 emissions by 1.13 tons/

day.

Architectural Coatings

Architectural coatings, traffic

markings, and high performance

maintenance coatings are all

subcategories of area source surface

coatings. Based on 1996 projected

emissions, these surface coatings

account for 33.08 tons/day of emissions.

Reducing these emissions by 20% gives

a reduction of 6.62 tons/day (reference

March 7, 1996, memo from John Seitz

(EPA) ‘‘Update on the credit for the 15%

Rate-of-Progress Plans for reductions

from the architectural and industrial

maintenance (AIM) coating rule’’).

Open Burning

VOC emissions result from open

burning at a projected rate of 12.65 tons/

day. Rule 393–3–1–.02(5) bans such

burning during the ozone season (April

1 to October 31). Due to exceptions to

Rule 393–3–1–.02(5) 77.19% of open

burning emissions will be eliminated

resulting in a reduction of 9.76 tons/day

of VOC emissions.

Slash/Prescribed Burning

The 1996 projected emissions for

slash/prescribed burning are 4.36 tons/

day for VOC. Rule 393–1–.02(5) bans

100% of such burning during the ozone

season (April 1 to October 31) resulting

in a reduction of 4.36 tons/day of VOC

emissions.

Consumer/Commercial Solvents

The 1996 projected emissions for

consumer/commercial solvents (i.e.

windshield washer fluid) are 26.66 tons/

day. Windshield washer fluid has a

typical VOC content of 35%. Rule 391–

3–1–.02(aaa) limits its VOC content to

8%, resulting in a 77.14% reduction in

VOCs for a 1.96 tons/day reduction of

VOC emissions.

Underground Storage Tank Breathing

Losses

Uncontrolled emissions in 1996 are

projected to be 2.11 tons/day. The Stage

II controls in Rule 391–3–1–.02(zz)

controls 90% of these emissions with a

projected emission reduction of 1.78

tons/day assuming 85% overall control.

The Stage I controls in rule (rr) will

obtain a 7.2% reduction of these

emissions with a projected reduction of

0.17 tons/day. The total projected

reductions from Stage I and Stage II

controls for breathing losses are 1.95

tons/day.

Autobody Refinishing

The 1996 projected VOC emissions

from autobody refinishing are 13.84

tons/day. According to a memo from

John Seitz (EPA) on November 29, 1994,

‘‘Credit for the 15% Rate-of-Progress

Plans for reductions from the

architectural and industrial

maintenance (AIM) coating rule and the

autobody refinishing rule’’ a 37% VOC

emissions reduction for autobody

refinishing is allowed. This rule

provides a VOC reduction of 5.12 tons/

day.

Consumer Products

Emission rates for the 1996 Estimated

Inventory were calculated to be 26.66

tons/day of VOC. A reduction in

previously unregulated areas of

approximately 20% by November 15,

1996 is anticipated (reference June 22,

1995, memo from John Seitz (EPA)

‘‘Regulatory schedule for consumer and

commercial products under section

183(e) of the CAA’’). Therefore, the

consumer products rule, excluding

windshield washer fluid which is

already regulated by the State, will

result in a 2.16 tons/day reduction of

VOC emissions.

Mobile Source Control Measures

Total highway mobile source

reductions are 71.88 tons/day. Due to

the interaction of various control

measures (i.e., reduced Reid Vapor

Pressure and Stage II recovery), the VOC

reductions from each control modeled

separately is difficult to determine.

Unless otherwise stated with a specific

reduction, all of the following control

measures contribute towards the

cumulative reduction of 71.88 tons/day.
48030 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules

Enhanced Inspection and Maintenance

(I/M)

Georgia Rule 391–3–20 establishes a

biennial enhanced I/M program for all

13 counties of the Atlanta

nonattainment are beginning October 1,

1996, and covering 1975 and newer

model years of light duty gasolinepowered vehicles. According to E.H.

Pechan & Associates, Inc. in Sample

City Analysis Comparison of Enhanced

I/M Reductions Versus Other 15 Percent

ROP Plan Measures reductions the

enhanced I/M program will contribute

approximately 60 tons/day towards the

cumulative 71.88 tons/day reductions

from highway mobile sources for the

nonattainment area. A more detailed

description of Georgia’s enhanced I/M

program was published in a separate

Federal Register action on December 13,

1996 (61 FR 65496).

Reid Vapor Pressure (RVP) Reduction

RVP is a measure of the tendency of

gasoline to evaporate. Georgia Rule 391–

3–1–.02(2)(bbb) requires that during the

summer months (June 1—September 15)

the RVP limit for gasoline dispensed in

the 13 county nonattainment area not

exceed 7.0 psi which is lower than the

federally mandated RVP of 7.8 psi. The

RVP reduction from 7.8 to 7.0 will

contribute 3.13 tons/day towards the

cumulative 71.88 tons/day reduction

from highway mobile sources.

Reductions in exhaust VOC emissions

attributable to reducing RVP were

calculated using EPA’s Final Complex

Model. Point Source Rule Effectiveness

Improvements for gasoline terminals

will reduce VOC emissions from this

category by 0.40 tons/day with the

implementation of 7.0 RVP gasoline.

Based on the gasoline throughput in the

13 county nonattainment area, Stage I

will contribute a reduction of 0.59 tons/

day in additional VOC emissions

attributable to the lower RVP limit.

State governments are generally

preempted under section 211(c)(4)(A) of

the CAA from requiring gasoline sold in

any area in a State to meet an RVP

standard different from the federal

standard. However, under 211(c)(4)(C) a

State can require a more stringent RVP

standard in its SIP if the more stringent

standard is necessary to achieve the

NAAQS in a particular nonattainment

area. The State can make this

demonstration of necessity by providing

evidence that no other measures exist

that would bring about timely

attainment, or that such measures exist,

are technically possible to implement,

but are unreasonable or impracticable. If

a State makes this demonstration, it can

lower the volatility to whatever

standard is necessary for the

nonattainment area. The State of

Georgia submitted an attainment

demonstration on November 15, 1994

that included regulations controlling the

RVP of gasoline below 7.8. This

attainment demonstration failed to show

attainment, and therefore, EPA is

requiring Georgia to submit a new

attainment demonstration. This new

attainment demonstration will be

submitted to EPA in late 1997. Because

Georgia is currently developing their

attainment demonstration, EPA is

proposing conditional approval of

Georgia’s low RVP program. The State

will be considering new control

strategies as part of their attainment

demonstration, among those fuel

controls. If the State still needs the

program, they will need to meet the

requirements under 211(c)(4)(C). As part

of the conditional approval process,

Georgia must commit within 30 days of

this proposal to submit within one year

of conditional interim approval

documentation supporting the need for

a 7.0 psi RVP program. If the

commitment is not made within 30

days, EPA proposes in the alternative to

disapprove the SIP revision. If the State

does make a timely commitment but the

condition is not met by the date to

which the Statecommitted, EPA

proposes that this rulemaking will

convert to a final disapproval. EPA will

notify the State by letter that the

conditions have not been met and that

the conditional approval has been

converted to a disapproval. Georgia

must commit to correct the deficiencies

to enable EPA to conditionally approve

the program.

Stage II

Georgia Rule 391–3–1–.02(2)(zz)

‘‘Gasoline Dispensing Facilities-Stage

II’’ prohibits the transfer of gasoline

from stationary storage tanks of gasoline

dispensing facilities to any vehicle

gasoline tank unless the facility is

equipped with an approved vapor

recovery system. Exemptions to this rule

include facilities that dispense no more

than 10,000 gallons/month and

dispensing facilities owned by

independent small business gasoline

marketers that dispense up to and

including 50,000 gallons/month. The

reductions contribute toward the

cumulative 71.88 tons/day VOC

reductions from highway mobile

sources. The EPA federally approved

Georgia rule 391–3–1–.02(2)(zz) into the

Georgia SIP on February 2, 1996, (61 FR

3819).

Tier I Tailpipe Standards

The CAA mandates new and stricter

emissions standards for light duty

vehicles. The total VOC reductions in

the nonattainment area from Tier I

Standards contribute toward the

cumulative 71.88 tons/day from

highway mobile sources.

Transportation Control Measures

(TCMs)

TCMs programmed in Tier I (FY96–

FY97) of the Atlanta Regional

Transportation Improvement Program

include the following types of projects:

bike/pedestrian, HOV lanes, Park/Ride

facilities, Traffic Flow Improvement,

Transit. The TCMs reduce VOC

emissions by 2.57 tons/day. Further

information concerning methodologies

for the TCM analysis is available at the

EPA Regional address listed above.

Additional 1996 Mobile Source VOC

Reductions

VOC reductions in the nonattainment

area from promulgation of new federal

rules were calculated using EPA

guidance. EPA’s planned detergent

additives program reduce highway VOC

emissions by 1.70 tons/day and nonroad

VOC emissions by 0.77 tons/day. New

federal nonroad engine emission

standards (40 CFR part 90) for new

nonroad spark-ignition engines at or

below 19 kilowatts reduce VOCs by 2.16

tons/day.

Background on Georgia’s I/M submittal

Section 182(b)(1) of the CAA requires

that states containing ozone

nonattainment areas classified as

Moderate or above prepare SIPs that

provide for a 15 percent VOC emissions

reduction by November 15, 1996. Most

of the 15% SIPs originally submitted to

the EPA contained enhanced I/M

programs because this program achieves

more VOC emission reductions than

most, if not all other, control strategies.

However, because most states

experienced substantial difficulties

implementing these enhanced I/M

programs, only a few states are currently

testing cars using the original enhanced

I/M protocol.

On September 18, 1995, EPA finalized

revisions to its enhanced I/M rule

allowing states significant flexibility in

designing I/M programs appropriate for

their needs. Subsequently, Congress

enacted the National Highway Systems

Designation Act of 1995 (NHSDA),

which provides states with more

flexibility in determining the design of

enhanced I/M programs. The substantial

amount of time needed by states to redesign enhanced I/M programs in

accordance with the guidance contained
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules 48031

within the NHSDA, secure state

legislative approval when necessary,

and set up the infrastructure to perform

the testing program precludes states that

revise their I/M programs from

obtaining emission reductions from

such revised programs by November 15,

1996.

Given the heavy reliance by many

States upon enhanced I/M programs to

help achieve the 15% VOC emissions

reduction required under CAA section

182(b)(1), and the recent NHSDA and

regulatory changes regarding enhanced

I/M programs, EPA believes that it is no

longer possible for many states to

achieve the portion of the 15%

reductions that are attributed to I/M by

November 15, 1996. Under these

circumstances, disapproval of the 15%

SIPs would serve no purpose.

Consequently, under certain

circumstances, EPA will propose to

allow states that pursue re-design of

enhanced I/M programs to receive

emission reduction credit from these

programs within their 15% plans, even

though the emissions reductions from

the I/M program will occur after

November 15, 1996.

Specifically, EPA will propose

approval of 15% SIPs if the emissions

reductions from the revised, enhanced I/

M programs, as well as from the other

15% SIP measures, will achieve the

15% level as soon after November 15,

1996 as practicable. To make this ‘‘as

soon as practicable’’ determination, EPA

must determine that the SIP contains all

VOC control strategies that are

practicable for the nonattainment area

in question and that meaningfully

accelerate the date by which the 15%

level is achieved. The EPA does not

believe that measures meaningfully

accelerate the 15% date if they provide

only an insignificant amount of

reductions.

In the case of the Atlanta

nonattainment area, the State of Georgia

has submitted a 15% SIP that would

achieve the amount of reductions

needed from I/M by November 1999.

The State of Georgia has submitted a

15% SIP that achieves all other

reductions by 1996. The EPA proposes

to determine that this SIP does contain

all measures, including enhanced I/M,

that achieve the required reductions as

soon as practicable. The EPA also

proposes to determine that the I/M

program for the Atlanta nonattainment

area does achieve reductions as soon as

practicable.

The EPA has examined other

potentially available SIP measures to

determine if they are practicable for the

Atlanta nonattainment area and if they

would meaningfully accelerate the date

by which the area reaches the 15% level

of reductions. The EPA proposes to

determine that the SIP does contain the

appropriate measures.

Following, is a list of measures which

are not included in the Georgia 15%

plan with reductions of VOC emissions

in tons/day which could be achieved if

implemented: Industrial Adhesives

(8.35), Treatment Storage Disposal

Facility (TSDFs)—Federal Rule (early

implementation) (3.33), Landfills—

Federal Rule (0.00), Nonroad Gasoline—

Reformulated Gasoline (3.72), Motor

Vehicle—Reformulated Gasoline

(32.24). The amount of reduction

attributed to reformulated gasoline is

overestimated because Georgia has

implemented a lower RVP of 7.0.

Georgia did not include these measures

in their 15% plan because they could

not be implemented quicker than I/M

and the measures do not provide the

level of reductions achieved through the

implementation of enhanced I/M.

Proposed Rule Approval

In addition to proposing approval of

Georgia’s 15% plan, the EPA proposes

to approve the following revisions

submitted by the State into their SIP:

391–3–1–.01(lll) ‘‘Volatile Organic

Compound’’

Georgia submitted revisions to their

definition of VOC so that it is consistent

with the federal definition.

391–3–1–.01(mmmm) ‘‘Hazardous Air

Pollutant’

Georgia submitted this new definition

to define a class of pollutants which is

now being regulated as a result of the

CAA.

391–3–1–.02(2)(ii) VOC Emissions

from Surface Coating of Miscellaneous

Metal Parts and Products

A new paragraph 6. is being added to

exempt facilities which have a potential

to emit of less than 10 tons/year.

391–3–1–.02(2)(rr) Gasoline

Dispensing Facility—Stage I

This section is being revised to

outline requirements for the transfer of

gasoline from any delivery vessel into a

stationary storage tank. No person may

transfer or cause or allow the transfer of

gasoline from any delivery vessel into

any stationary storage tank subject to

this subsection unless the tank is

equipped with all of the following: a

submerged fill pipe; an approved Stage

I vapor recovery system that is in good

working order; Pressure/Vacuum vent

valves with minimum settings of 8

ounces of pressure and 1⁄2 ounce of

vacuum unless the facility has a

California Air Resources Board (CARB)

certified Stage II vapor recovery system;

and the vapors displaced from the

storage tank during filling are controlled

by one of the following: a vapor-tight

vapor return line from the stationary

gasoline storage tank(s) to the delivery

vessel for each product delivery line

that is connected from the delivery

vessel to the storage tank(s); if a

manifold connects all stationary

gasoline storage tanks vent lines, a

vapor tight vapor return line from a tank

being filled to the delivery vessel with

sufficient return capacity to control

vapors from all tanks being filled at the

time and to prevent release of said

vapors from the vent line(s) or other

tank openings; or a refrigerationcondensation system or a carbon

adsorption system is utilized and

recovers at least 90 percent by weight of

the organic compounds in the displaced

vapor.

Paragraph 6 is being amended to state

that Stage I gasoline vapor recovery

systems installed prior to January 1,

1993 that currently utilize a co-axial

Stage I vapor recovery system in which

the gasoline tanks are not manifolded in

manner and that are utilized at a facility

that is not required to have a Stage II

vapor recovery system shall be

exempted from installing a co-axial

poppetted drop tube.

The definition of ‘‘Division

Approved’’ is also being added.

391–3–1–.02(2)(zz) Gasoline

Dispensing Facilities—Stage II

This subsection is being revised to

add or revise the definitions for

‘‘Approved Stage II Vapor Recovery

System,’’ ‘‘California Air Resources

Board (CARB) certified system,’’

‘‘Average monthly throughput,’’ ‘‘Fill

cap,’’ ‘‘Independent small business

owner,’’ ‘‘Operator,’’ ‘‘Owner,’’ and

‘‘Vapor cap.’’. A compliance date for

facilities with a throughput of 50,000

gallons or more per month is established

as November 15, 1994. An exemption

for facilities reconstructed prior to

November 15, 1995, that dispense up to

50,000 gallons per month and are

owned by an independent small

business marketer of gasoline is

established. Procedures for certification

of Stage II facilities are also established.

391–3–1–.02(2)(aaa) Consumer and

Commercial Products

This subsection is being added and is

applicable to any person who supplies

or sells consumer and commercial

products limited by this subsection

within the 13 county nonattainment

area. After January 1, 1996, no person

shall supply, offer for sale or sell any
48032 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules

automobile windshield washer fluid

which contains VOCs as an active

ingredient, or solvent in a concentration

greater than 8.0% by weight.

391–3–1–.02(2)(bbb) Gasoline

Marketing-Reid Vapor Pressure (RVP)

This subsection is being conditionally

approved and states that during the

period from June 1 to September 15 of

any calendar year no person, retailer, or

wholesale purchaser-consumer shall

sell, offer for sale, dispense, supply,

offer for supply, transport or introduce

into commerce gasoline whose Reid

vapor pressure exceeds 7.0 psi.

391–3–1–.02(5) Open Burning

Paragraph 13 is being added which

allows open burning of vegetative

material for the purpose of land clearing

using an air curtain destructor.

Subsection (b) is being revised to state

that beginning calendar year 1996 open

burning during the months of May,

June, July, August, and September is

prohibited in the Atlanta ozone

nonattainment area. Certain exemptions

to this rule are granted for procedures

necessary for production of harvesting

crops, cooking food for immediate

human consumption, fires set for the

purpose of training fire-fighting

personnel, operation of devices using

open flames, setting and maintenance

by contractors of miscellaneous small

fires necessary to such activities as

street paving, and disposal of packaging

materials previously containing

explosives, in accordance with U.S.

Department of Labor Safety Regulations.

391–3–1–.02(2)(ff) Solvent Metal

Cleaning

This subsection is being amended to

establish requirements which apply to

degreasers using trichlorethylene,

carbon tetrachloride, and/or chloroform

in a total concentration greater than 5

percent by weight.

391–3–1–.02(7) Prevention of

Significant Deterioration

This subsection is being amended to

add and update all of the new and

amended changes to these federallypromulgated, state-implemented rules.

391–3–1–.03 Permits. Amended

Paragraph 6. Exemptions is being

amended. Subparagraph (6)(b)11 is

being amended to add exemptions for

stationary engines, and (6)(b)13 is being

added to exempt fire fighter or other

emergency/safety equipment used to

train firefighters. Subsection (6)(c) is

amended to add exemptions for storage

tanks. Subsection (6)(g) is added to

provide exemptions for pollution

control. Subsection (6)(h) is amended to

provide exemptions for industrial

operations.

Proposed Action

The EPA proposes conditional

approval of the State of Georgia’s 15%

plan contingent upon full approval of

the I/M plan. Final interim approval of

the I/M plan was published in the

Federal Register on August 11, 1997

(see 62 FR 42916). In addition EPA

proposes conditional approval of rule

391–3–1–.02(2)(bbb) Gasoline

Marketing-Reid Vapor Pressure (RVP).

The condition for approvability is as

follows: Georgia must submit

documentation demonstrating that the

program is needed for attainment. EPA

proposes to approve Georgia’s 1990

Baseline Emissions Inventory for the

Atlanta nonattainment area. The EPA

also proposes approval of the rule

revisions discussed above to 391–3–1–

.01(llll) ‘‘Volatile Organic Compound’’;

391–3–1–.01(mmmm) ‘‘Hazardous Air

Pollutant’; 391–3–1–.02(2)(ii) VOC

Emissions from Surface Coating of

Miscellaneous Metal Parts and Products;

391–3–1–.02(rr) Gasoline Dispensing

Facility—Stage I; 391–3–1–.02(zz)

Gasoline Dispensing Facilities—Stage II;

391–3–1–.02(2)(aaa) Consumer and

Commercial Products; 391–3–1–.02(5)

Open Burning; 391–3–1–.02(2)(ff)

Solvent Metal Cleaning; 391–3–1–.02(7)

Prevention of Significant Deterioration;

391–3–1–.03 Permits. Amended.

Included in this submittal were

revisions to 391–3–1–.03(9) Permit Fees,

391–3–1–.03(10) Title V Operating

Permits, and 391–3–1–.03(11) Permit by

Rule. EPA is not taking action on these

rules at this time as they will be acted

upon in a separate action.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from E.O. 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

Conditional SIP Approval Actions

Conditional approvals of SIP

submittals under section 110 and

subchapter I, part D of the CAA do not

create any new requirements but simply

approve requirements that the State is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, I certify

that it does not have a significant impact

on any small entities affected. Moreover,

due to the nature of the Federal-State

relationship under the CAA, preparation

of a flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2) and 7410(k)(3).

If the conditional approval is

converted to a disapproval under

section 110(k), based on the State’s

failure to meet the commitment, it will

not affect any existing state

requirements applicable to small

entities. Federal disapproval of the state

submittal does not affect its stateenforceability. Moreover, EPA’s

disapproval of the submittal does not

impose a new Federal requirement.

Therefore, EPA certifies that this

disapproval action does not have a

significant impact on a substantial

number of small entities because it does

not remove existing requirements nor

does it substitute a new Federal

requirement.

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Proposed Rules 48033

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action proposed does not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: August 29, 1997.

A. Stanley Meiburg,

Acting Regional Administrator.

[FR Doc. 97–24241 Filed 9–11–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TX35–1–6168; FRL–5891–8]

Approval and Promulgation of Air

Quality State Implementation Plans

(SIP); Texas; Propose Disapproval of

Revisions to the State Implementation

Plan; Chapter IV, Sections 114.1 and

114.5

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing

disapproval of SIP revisions Texas

submitted for Regulation IV, 30 TAC

Chapter 114, sections 114.1

‘‘Maintenance and Operation of Air

Pollution Control Systems or Devices

Used to Control Emissions from Motor

Vehicles’’ and 114.5 ‘‘Exclusions and

Exceptions’’ on February 24, 1989,

September 6, 1990, and July 13, 1993.

The EPA is acting on these three

previously submitted revisions that

relate to State wide antitampering

provisions and exemptions to

antitampering provisions for motor

vehicles or motor vehicle engine

emission control systems. The EPA is

proposing disapproval because the

States antitampering rules are not

consistent with the Clean Air Act (the

Act), section 203(a)(3) and EPA

tampering prohibition as outlined in

EPA’s antitampering Enforcement

Policy, Mobile Source Enforcement

Memorandum No. 1A.

DATES: Comments must be received on

or before October 14, 1997.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas H. Diggs, Chief, Air Planning

Section, Environmental Protection

Agency, Region 6, 1445 Ross Avenue,

Suite 700, Dallas, Texas 75202–2733.

Copies of the documents about this

action are available for public

inspection during normal business

hours at the above and following

locations. Persons interested in

examining these documents should

make an appointment with the

appropriate office at least 24 hours

before the visiting day.

Environmental Protection Agency,

Region 6, 1445 Ross Avenue, Suite 700,

Dallas, Texas 75202–2733.

Texas Natural Resource Conservation

Commission, 12100 Park 35 Circle,

Austin, Texas 78711–3087.

FOR FURTHER INFORMATION CONTACT: Mr.

Paul Scoggins, Air Planning Section

(6PD–L), EPA Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

telephone (214) 665–7354 or via e-mail

at scoggins.paul@epamail.epa.gov.

While information may be requested via

e-mail, comments must be submitted in

writing to the above Region 6 address.

SUPPLEMENTARY INFORMATION:

I. Summary of State Submittal

On February 24, 1989, September 6,

1990, and July 13, 1993, EPA received

revisions to the Texas SIP for changes to

Regulation IV, 30 TAC Chapter 114,

sections 114.1 and 114.5, 114.5, and

114.1 and 114.5 respectively. In their

regulations, Texas adopted specific

measures restricting emission control

equipment removal/modifications

(antitampering) and exempting or

providing exclusions for vehicles from

antitampering requirements.

The Federal tampering prohibition for

emission control equipment for motor

vehicles and motor vehicle engines is

contained in section 203(a)(3) of the

Act, 42 U.S.C. 7522(a)(3). Section

203(a)(3)(A) of the Act prohibits ‘‘any

person from removing or rendering

inoperative any emission control device

or element of design installed on or in

a motor vehicle or motor vehicle engine

prior to its sale and delivery to an

ultimate purchaser’’ and prohibits ‘‘any

person from knowingly removing or

rendering inoperative any such device

or element of design after such sale and

delivery to the ultimate purchaser.’’

Mobile Source Enforcement

Memorandum No. 1A provides

guidance on what is a violation of

section 203(a)(3).

The State revision, received February

24, 1989, made the following changes.

Section 114.1 prohibits: (1) The removal

of or render inoperative any system or

device used to control emissions from a

motor vehicle or motor vehicle engine

or any part thereof; (2) specifies the

conditions for the acceptable removal

and/or installation of vehicle engines,

catalytic converters, or other emission

control components; (3) prohibits

leasing, sale, or offer to sale motor

vehicles that have tampered emission

control equipment; (4) and finally,

establishes sign posting requirements

for prohibitions.

Section 114.5 exempts from the

provisions of 114.1: (1) Dual-fuel

conversions specified by the

Department of Public Safety (DPS); (2)

vehicles belonging to persons being

transferred to a foreign country and

specifies associated documentation

requirements; (3) sales or offers for sale

motor vehicles for wholesale transaction

and for sales or trade-ins from an

individual to a vehicle dealer; (4)

Federal, State and local agencies that

sell abandoned, confiscated, or seized

vehicles and vehicle auction facilities if

specific conditions are satisfied.

The State revision, received

September 9, 1990, to section 114.5

exempts all dealer transactions that do

not result in the sale of a tampered

vehicle to an individual for operation on

a public highway.

The State revision, received on July

13, 1993, made the following changes.

Section 114.1 addresses the replacement

or installation of aftermarket alternative

fuel conversions equipment and any

other system or device relating to

emissions, safety concerns and

antitampering. Section 114.5 specifies

conditions for granting motor vehicle

and motor vehicle engine exclusions

from the provisions of section 114.1,

deletes original text in 114.5(c) to

improve consistency with section 114.1,

and redesignates original paragraphs.

II. Analysis of State Submittal

The EPA is proposing disapproval of

the revisions to Texas SIP for Texas

Regulation IV, 30 TAC Chapter 114,

sections 114.1 and 114.5 based on the

following inconsistencies. Section 114.1

(b)(4) allows replacement or installation

of any system or device (other than

catalytic converters, engines and the

conversion of the vehicle to alternative

fuels, which are handled under separate

subsections) if: The system or device

can be demonstrated to be at least as

effective in reducing emissions as the

original equipment. This rule does not