[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27494-27496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13117]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[GA-37-9811a; FRL-6003-8]


Approval and Promulgation of State Plans For Designated 
Facilities and Pollutants: Georgia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the Sections 111(d) and 129 State Plan 
submitted by the Georgia Department of Natural Resources (DNR) for the 
State of Georgia on November 13, 1997, for implementing and enforcing 
the Emissions Guidelines (EG) applicable to existing Municipal Waste 
Combustors (MWCs) with capacity to combust more than 250 tons per day 
of municipal solid waste (MSW).

DATES: This direct final rule is effective July 20, 1998 unless adverse 
or critical comments are received by June 18, 1998. If the direct final 
rule is withdrawn, timely notice will be published in the Federal 
Register.

ADDRESSES: Written comments on this action should be addressed to Scott 
M. Martin at the Environmental Protection Agency, Region 4 Air Planning 
Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303. Copies of 
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. 
Reference file GA 37-9811a. The Region 4 office may have additional 
background documents not available at the other locations.

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 Davis at (404) 562-9127 or Scott 
Martin at (404) 562-9036.

SUPPLEMENTARY INFORMATION:

I. Background

    On December 19, 1995, pursuant to sections 111 and 129 of the Clean 
Air Act (Act), EPA promulgated new source performance standards (NSPS) 
applicable to new MWCs and EG applicable to existing MWCs. The NSPS and 
EG are codified at 40 CFR Part 60, Subparts Eb and Cb, respectively. 
See 60 FR 65387. Subparts Cb and Eb regulate the following: particulate 
matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, 
carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
    On April 8, 1997, the United States Court of Appeals for the 
District of Columbia Circuit vacated Subparts Cb and Eb as they apply 
to MWC units with capacity to combust less than or equal to 250 tons 
per day of MSW (small MWCs), consistent with their opinion in Davis 
County Solid Waste Management and Recovery District v. EPA, 101 F.3d 
1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a 
result, subparts Cb and Eb apply only to MWC units with individual 
capacity to combust more than 250 tons per day of MSW (large MWC 
units).
    Under section 129 of the Act, EG are not Federally enforceable. 
Section 129(b)(2) of the Act requires states to submit to EPA for 
approval State Plans that implement and enforce the EG. State Plans 
must be at least as protective as the EG, and become Federally 
enforceable upon approval by EPA. The procedures for adoption and 
submittal of State Plans are codified in 40 CFR Part 60, Subpart B. EPA 
originally promulgated the Subpart B provisions on November 17, 1975. 
EPA amended Subpart B on December 19, 1995, to allow the subparts 
developed under section 129 to include specifications that supersede 
the general provisions in Subpart B regarding the schedule for 
submittal of State Plans, the stringency of the emission limitations, 
and the compliance schedules. See 60 FR 65414.
    This action approves the State Plan submitted by the Georgia DNR 
for the State of Georgia to implement and enforce Subpart Cb, as it 
applies to large MWC units only.

II. Discussion

    The Georgia DNR submitted to EPA on November 13, 1997, the 
following in their 111(d) and 129 State Plan for implementing and 
enforcing the EG for existing MWCs under its direct jurisdiction in the 
State of Georgia: Legal Authority; Inventory of MWC Plants/Units; MWC 
Emissions Inventory; Emission Limits and Standards; Compliance 
Schedule; Procedures for Testing and Monitoring Sources of Air 
Pollutants, Demonstration That the Public Had Adequate Notice and 
Opportunity to Submit Written Comments and Public Hearing Summary; 
Submittal of Progress Reports to EPA; Federally Enforceable State 
Operating Permit (FESOP) for the Savannah Energy Systems Company MWC 
facility; Pollution Control Project review for the Savannah Energy 
Systems Company MWC facility; and applicable State of Georgia statutes 
and rules of the Georgia DNR. The Georgia DNR submitted its Plan after 
the Court of Appeals vacated Subpart Cb as it applies to small MWC 
units. Thus, the Georgia State Plan covers only large MWC units. As a 
result of the Davis decision and subsequent vacatur order,

[[Page 27495]]

there are no EG promulgated under sections 111 and 129 that apply to 
small MWC units. Accordingly, EPA's review and approval of the Georgia 
State Plan for MWCs addresses only those parts of the Georgia State 
Plan which affect large MWC units. Small units are not subject to the 
requirements of the Federal Rule and not part of this approval. Until 
EPA again promulgates EG for small MWC units, EPA has no authority 
under section 129(b)(2) of the Act to review and approve State Plans 
applying state rules to small MWC units.
    The approval of the Georgia State Plan is based on finding that: 
(1) the Georgia DNR provided adequate public notice of public hearings 
for the proposed plan and the FESOP which allow the Georgia DNR to 
implement and enforce the EG for large MWCs, and (2) the Georgia DNR 
also demonstrated legal authority to adopt emission standards and 
compliance schedules applicable to the designated facility; enforce 
applicable laws, regulations, standards and compliance schedules; seek 
injunctive relief; obtain information necessary to determine 
compliance; require recordkeeping; conduct inspections and tests; 
require the use of monitors; require emission reports of owners and 
operators; and make emission data publicly available.
    In Attachment A of the Plan, the Georgia DNR cites the following 
references for the legal authority: State of Georgia Attorney General's 
Opinion Regarding State Authority to Operate the Title V Operating 
Permit Program; The Georgia Air Quality Act, Sections 12-9-1 through 
12-9-25; The Rules of the Georgia Department of Natural Resources for 
Air Quality Control, Chapter 391-3-1; the Georgia Natural Resources 
Act; the Georgia Administrative Procedures Act; and the Official Code 
of Georgia Annotated. These statutes and regulations are contained in 
Attachments H, I, J, and K. On the basis of the Attorney General's 
Opinion, the statutes, and rules of the State of Georgia, the State 
Plan and FESOP are approved as being at least as protective as the 
Federal requirements for existing large MWC units.
    The Georgia DNR cites all emission standards and limitations for 
the major pollutant categories as conditions in the FESOP for Savannah 
Energy Systems, the only designated facility in the State of Georgia 
subject to these standards and limitations. These standards and 
limitations in the FESOP have been approved as being at least as 
protective as the Federal requirements contained in Subpart Cb for 
existing large MWC units.
    The Georgia DNR submitted the compliance schedule for Savannah 
Energy Systems, the only large MWC under its direct jurisdiction in the 
State of Georgia. The FESOP contains conditions consistent with 40 CFR 
Part 60, subparts B and Cb, specifications for compliance schedules. 
This portion of the Plan and FESOP has been reviewed and approved as 
being at least as protective as Federal requirements for existing large 
MWC units.
    In Attachment B, the Georgia DNR submitted an emissions inventory 
of all designated pollutants for Savannah Energy Systems, the only 
large MWC under their direct jurisdiction in the State of Georgia. This 
portion of the Plan has been reviewed and approved as meeting the 
Federal requirements for existing large MWC units.
    The Georgia DNR includes its legal authority to require owners and 
operators of designated facilities to maintain records and report to 
its agency the nature and amount of emissions and any other information 
that may be necessary to enable its agency to judge the compliance 
status of the facilities in Attachment C of the State Plan and as 
conditions in the FESOP for Savannah Energy Systems. The Georgia DNR 
also cites its legal authority to provide for periodic inspection and 
testing and provisions for making reports of MWC emissions data, 
correlated with emission standards that apply, available to the general 
public. In Attachment D of the State Plan, the Georgia DNR submitted 
its Procedures for Testing and Monitoring Sources of Air Pollutants, 
Section 2.2b for Municipal Waste Combustors, to support the 
requirements of monitoring, recordkeeping, reporting, and compliance 
assurance. These State of Georgia rules are contained in Attachments D, 
H, I, J, and K of the Plan. This portion of the Plan and FESOP have 
been reviewed and approved as being at least as protective as the 
Federal requirements for existing large MWC units.
    As stated on page A-3 of the Plan, the Georgia DNR will provide 
progress reports of Plan implementation updates to the EPA on an annual 
basis. These progress reports will include the required items pursuant 
to 40 CFR 60, subpart B. This portion of the Plan has been reviewed and 
approved as meeting the Federal requirement for State Plan reporting.

Final Action

    EPA is approving the above referenced State Plan. EPA is publishing 
this rule without prior proposal because the Agency views this as a 
noncontroversial amendment 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 relevant adverse 
comments be filed. This rule will be effective July 20, 1998 without 
further notice unless the Agency receives relevant adverse comments by 
June 18, 1998.
    If the EPA receives such comments, then EPA will publish a timely 
document withdrawing the final rule and informing the public that the 
rule did 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 on the proposed rule. 
Only parties interested in commenting on the proposed rule should do so 
at this time. If no such comments are received, the public is advised 
that this rule will be effective on July 20, 1998 and no further action 
will be taken on the proposed rule.
    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.

III. 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.
    State Plan approvals under section 111(d) and section 129(b)(2) of 
the Clean Air Act 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

[[Page 27496]]

any new requirements, the Regional Administrator certifies that it does 
not have a significant impact on any small entities affected.

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 may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated 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.

D. Submission to Congress and the General Accounting Office

    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

E. Petitions for Judicial Review

    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 July 20, 1998. 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 62

    Administrative practice and procedure, Air pollution control, 
Environmental protection, Intergovernmental relations, Municipal waste 
combustors, Reporting and recordkeeping requirements.

    Dated: March 16, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR Part 62 is amended as follows:

PART 62--[AMENDED]

    1. The authority citation for Part 62 continues to read as follows:
    Authority: 42 U.S.C. 7401-7642

Subpart L--Georgia

    2. Part 62.2600 is amended by adding paragraphs (b)(4) and (c)(3) 
to read as follows:


Sec. 62.2600  Identification of plan.

* * * * *
    (b) * * *
    (4) State of Georgia Plan for Implementation of 40 CFR Part 60, 
Subpart Cb, For Existing Municipal Waste Combustors, submitted on 
November 13, 1997, by the Georgia Department of Natural Resources.
    (c) * * *
    (3) Existing municipal waste combustors.
    3. Subpart L is amended by adding a new Sec. 62.2606 and a new 
undesignated center heading to read as follows:
METALS, ACID GASES, ORGANIC COMPOUNDS AND NITROGEN OXIDE EMISSIONS FROM 
EXISTING MUNICIPAL WASTE COMBUSTORS WITH THE CAPACITY TO COMBUST 
GREATER THAN 250 TONS PER DAY OF MUNICIPAL SOLID WASTE


Sec. 62.2606  Identification of sources.

    The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of 
municipal solid waste (MSW) at the following MWC sites:
    (1) Savannah Energy Systems Company, Savannah, Georgia.
    (2) [Reserved].
[FR Doc. 98-13117 Filed 5-18-98; 8:45 am]
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