27494 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

today’s 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 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 52

Environmental protection, Air

pollution control, Reporting and

recordkeeping.

Dated: April 8, 1998.

Michelle D. Jordan,

Acting Regional Administrator, Region 5.

40 CFR part 52, is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for Part 52

continues to read as follows:

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

Subpart X-Michigan

2. Section 52.1174 is amended by

adding paragraph (q) to read as follows:

§ 52.1174 Control strategy: Ozone.

* * * * *

(q) Correction of approved plan—

Michigan air quality Administrative

Rule, R336.1901 (Rule 901)—Air

Contaminant or Water Vapor, has been

removed from the approved plan

pursuant to section 110(k)(6) of the

Clean Air Act (as amended in 1990).

[FR Doc. 98–13295 Filed 5–18–98; 8:45 am]

BILLING CODE 6560–50–P

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.

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withdrawn, timely notice will be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,
Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations 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
27496 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

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:

§ 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 § 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

§ 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]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7688]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea Jr., Division Director,

Program Implementation Division,

Mitigation Directorate, 500 C Street,

SW., Room 417, Washington, DC 20472,

(202) 646–3619.

SUPPLEMENTARY INFORMATION: The NFIP

enables property owners to purchase

flood insurance which is generally not

otherwise available. In return,

communities agree to adopt and

administer local floodplain management

aimed at protecting lives and new

construction from future flooding.

Section 1315 of the National Flood

Insurance Act of 1968, as amended, 42

U.S.C. 4022, prohibits flood insurance

coverage as authorized under the

National Flood Insurance Program, 42

U.S.C. 4001 et seq., unless an

appropriate public body adopts

adequate floodplain management

measures with effective enforcement

measures. The communities listed in

this document no longer meet that

statutory requirement for compliance

with program regulations, 44 CFR part

59 et seq. Accordingly, the communities

will be suspended on the effective date

in the third column. As of that date,

flood insurance will no longer be