[Federal Register Volume 62, Number 177 (Friday, September 12, 1997)]
[Proposed Rules]
[Pages 48027-48033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24241]


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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-of-Progress 
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 (NO<INF>X</INF>), 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

[[Page 48028]]

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          NO<INF>X           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.

[[Page 48029]]



                      Summary of Reductions Needed                      
------------------------------------------------------------------------
                                                               Expected 
                         Source type                          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.

[[Page 48030]]

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 
gasoline-powered 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 re-design enhanced I/M programs in accordance with the guidance 
contained

[[Page 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 refrigeration-condensation 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

[[Page 48032]]

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 federally-promulgated, 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 state-enforceability. 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

[[Page 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