Approval and Promulgation of Air Quality Implementation Plans: Georgia; Control Techniques Guidelines and Reasonably Available Control Technology, 45307-45319 [2012-18649]
Download as PDF
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
Commonwealth of Virginia through
VDEQ on April 4, 2008. We have made
the determination that this action is
consistent with section 110 of the CAA.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
emcdonald on DSK67QTVN1PROD with PROPOSALS
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
In addition, this proposed rule,
pertaining to the PM2.5 2002 base year
emissions inventory portion of the
Virginia SIP, does not have tribal
implications as specified by Executive
Order 13175 (65 FR 67249, November 9,
2000), because the SIP is not approved
to apply in Indian country located in the
state, and EPA notes that it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen dioxide,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 18, 2012.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2012–18657 Filed 7–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0448; FRL–9707–7]
Approval and Promulgation of Air
Quality Implementation Plans:
Georgia; Control Techniques
Guidelines and Reasonably Available
Control Technology
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
three final and one draft State
Implementation Plan (SIP) revisions
submitted by the State of Georgia,
through the Georgia Environmental
Protection Division (GA EPD), to EPA
on November 13, 1992, October 21,
2009, March 19, 2012, and July 19, 2012
(draft SIP revision). With regard only to
the July 19, 2012, SIP submission, EPA
is also proposing, in the alternative, to
conditionally approve that revision
which relates to certain control
techniques guidelines (CTG) categories.
Together, these four revisions establish
reasonably available control technology
(RACT) requirements for the major
sources located in the Atlanta, Georgia
1997 8-hour ozone nonattainment area
(hereafter referred to as the ‘‘Atlanta
Area’’) that either emit volatile organic
compounds (VOC), nitrogen oxides
(NOx), or both. Georgia’s SIP revisions
include certain VOC source categories
for which EPA has issued CTG. EPA has
evaluated the proposed revisions to
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
45307
Georgia’s SIP, and has made the
preliminary determination that they are
consistent with statutory and regulatory
requirements and EPA guidance.
DATES: Comments must be received on
or before August 30, 2012.
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2012–0448 by one of the following
methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: R4–RDS@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2012–0448’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Instructions: Direct your comments to
Docket ID No. ‘‘EPA–R04–OAR–2012–
0448.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through
www.regulations.gov or email,
information that you consider to be CBI
or otherwise protected. The
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
ADDRESSES:
E:\FR\FM\31JYP1.SGM
31JYP1
45308
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically in www.regulations.gov or
in hard copy at the Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Ms.
Spann may be reached by phone at (404)
562–9029, or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
emcdonald on DSK67QTVN1PROD with PROPOSALS
I. Background
II. Analysis of the State’s Submittals
III. Effect of this Proposed Action
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On April 30, 2004, EPA designated
the Atlanta Area as a marginal
nonattainment area with respect to the
1997 8-hour ozone national ambient air
quality standards (NAAQS). See 69 FR
23858. The Atlanta Area includes the
following 20 counties: Barrow, Bartow,
Carroll, Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Hall, Henry,
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
Newton, Paulding, Rockdale, Spalding
and Walton.1 For background purposes,
portions of the Atlanta Area were
designated as a severe nonattainment
area for the 1-hour ozone NAAQS. The
area was subsequently redesignated to
attainment for the 1-hour ozone
standard with a maintenance plan. The
original Atlanta 1-hour severe ozone
nonattainment area consisted of 13
counties including Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry,
Paulding and Rockdale. See 56 FR
56694 (November 6, 1991). As such,
major sources in the 13-county 1-hour
ozone nonattainment area were defined
as those sources that emit 25 tpy or
more of VOC or NOX. Therefore, the
applicability of some of the rules being
approved in today’s action is for 25 tpy
and above for sources in the 13 county
area that was severe for the 1-hour
ozone NAAQS and moderate for the
1997 8-hour ozone NAAQS; and 100 tpy
and above in the remaining 7 counties
that have only been classified as
moderate for the 1997 8-hour ozone
NAAQS. On March 6, 2008, EPA
reclassified the Atlanta Area from a
marginal ozone nonattainment area to a
moderate ozone nonattainment area. As
a result of this designation and
subsequent reclassification to moderate,
Georgia was required to amend its SIP
for the Atlanta Area to satisfy the
requirements for a moderate area under
section 182 of the Clean Air Act (CAA
or Act).
A. Statutory Requirements
Section 182(b)(2) of the CAA requires
states to adopt RACT rules for all areas
designated nonattainment for ozone and
classified as moderate or above. The
three parts of the section 182(b)(2)
RACT requirements are: (1) RACT for
sources covered by an existing CTG (i.e.,
a CTG issued prior to enactment of the
1990 amendments to the CAA); (2)
RACT for sources covered by a postenactment CTG; and (3) all major
sources not covered by a CTG (i.e., nonCTG sources). Pursuant to 40 CFR
51.165, a major source for a moderate
ozone area is a source that emits 100
tons per year (tpy) or more of VOC or
NOX.
A CTG is a guidance document issued
by EPA which, as a result of CAA
section 182(b)(2), triggers a
responsibility for states to submit, as
part of their SIPs, RACT rules for
1 Effective July 20, 2012, EPA designated 15
counties in the Atlanta metropolitan area as a
marginal nonattainment area for the 2008 8-hour
ozone NAAQS. Today’s proposed action regarding
RACT is not related to requirements for the 2008
8-hour ozone NAAQS.
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
stationary sources of VOC that are
covered by the CTG. EPA defines RACT
as ‘‘the lowest emission limit that a
particular source is capable of meeting
by the application of control technology
that is reasonably available considering
technological and economic feasibility.’’
See 44 FR 53761, (September 17, 1979).
Each CTG includes a ‘‘presumptive
norm’’ or ‘‘presumptive RACT’’ that
EPA believes satisfies the definition of
RACT.
If a state submits a RACT rule that is
consistent with presumptive RACT, the
state does not need to submit additional
support to demonstrate that the rule
meets the CAA’s RACT requirement.
However, if the state decides to submit
an alternative emission limit or level of
control for a source or source category
for which there is a presumptive RACT,
the state must submit independent
documentation as to why the rule meets
the statutory RACT requirement. As
mentioned above, section 182(b)(2) of
the CAA addresses moderate and above
areas for the 1-hour ozone standard.
Further clarification of the RACT
requirements for areas classified as
moderate or above for the 1997 8-hour
ozone NAAQS is provided in EPA’s
regulations.2 See 40 CFR 51.912.
The CTG established by EPA are
guidance to the states and only provide
recommendations. A state can develop
its own strategy for what constitutes
RACT for the various CTG categories,
and EPA will review that strategy in the
context of the SIP process and
determine whether it meets the RACT
requirements of the CAA and its
implementing regulations. If no major
sources of VOC or NOX emissions (each
pollutant should be considered
separately) in a particular source
category exist in an applicable
nonattainment area, a state may submit
a negative declaration for that category.
In addition, section 183(e) of the CAA
directs EPA to: (1) List for regulation
2 On July 18, 1997, EPA promulgated a revised 8hour ozone NAAQS of 0.08 parts per million—also
referred to as the 1997 8-hour ozone NAAQS. On
April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment and
unclassifiable for the 1997 8-hour ozone NAAQS.
In addition, on April 30, 2004, as part of the
framework to implement the 1997 8-hour ozone
NAAQS, EPA promulgated an implementation rule
in two phases (Phase I and II). The Phase I Rule
(effective on June 15, 2004), provided the
implementation requirements for designated areas
under subpart 1 and subpart 2 of the CAA. See 69
FR 23951. EPA’s Phase II Rule, finalized on
November 29, 2005, addressed control and planning
requirements as they applied to areas designated
nonattainment for the 1997 8-hour ozone NAAQS
such as RACT, RACM, reasonable further progress,
modeling and attainment demonstrations, new
source review, and the impact to reformulated gas
for the 1997 8-hour ozone NAAQS transition. See
70 FR 71612.
E:\FR\FM\31JYP1.SGM
31JYP1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
those categories of products that
account for at least 80 percent of the
VOC emissions, on a reactivity-adjusted
basis, from consumer and commercial
products in ozone nonattainment areas;
and (2) divide the list of categories to be
regulated into four groups. EPA
published the initial list, following the
1990 CAA Amendments, in the Federal
Register on March 23, 1995 (60 FR
15264), and has revised the list several
times. See 71 FR 28320 (May 16, 2006),
70 FR 69759 (November 17, 2005), 64
FR 13422 (March 18, 1999), 63 FR 48792
(September 11, 1998). As authorized by
CAA section 183(e)(3)(C), EPA chose to
issue CTG in lieu of regulations for each
listed product category. See 73 FR
58481 (October 7, 2008) (Group IV
CTG); 72 FR 57215 (October 9, 2007)
(Group III CTG); and 71 FR 58745
(October 5, 2006) (Group II CTG).
B. Regulatory Schedule for
Implementing CTG
CTG categories that were established
in 1978 ultimately were required to be
45309
adopted by the states by 1990 (see
schedule below for details). CAA
section 182(b)(2) provides that a CTG
issued after 1990 must specify the date
by which a state must submit a SIP
revision in response to the CTG. States
were required to have the pre-1990 CAA
CTG categories and post-1990 CAA CTG
categories for applicable areas addressed
in their SIPs according to the following
schedule:
Group
Federal Register published
SIP due
I ................
Pre-1990 CAA Amendment CTG. As of
January 1978 the first 15 CTG categories were established. Ten additional
CTG categories were issued in 1978 (1
of those (vegetable oil) was rescinded).
Pre-CAA Amendment CTG. The first 25 CTG categories were due to be adopted by
the states by 1980. EPA initially approved most of these rules into the state SIPs.
Subsequently, EPA reviewed these state rules to see if they were technically adequate and if they met national standards for national consistency. Based on this review, EPA issued the RACT fix-ups in 1987 (See general preamble (57 FR 13498,
April 16, 1992)). In 1988, EPA published a technical document to address technical
inadequacies found in these state adopted rules and to address minimum standards of national consistency. States were required to adopt revised rules by 1990.
Congress established CTG statutory requirements in the 1990 CAA Amendments.
Outstanding CTG requirements were due in 1992 (CAA Section 182(b)(2)(C)).
September 15, 2006 (40 CFR 51.912, RACT SIPs due for the 1997 8-hour ozone
NAAQS).
II ...............
III ..............
IV ..............
Post-1990 CAA Amendment CTG. The
group of CTG established in 60 FR
15264, March 23, 1995, were broken
into subsets called ‘‘Group I, II, III and
IV’’ (some of these CTG are updates of
previously established CTG)).
71 FR 58745, October 5, 2006 ..................
72 FR 57215, October 9, 2007 ..................
73 FR 58481, October 7, 2008 ..................
emcdonald on DSK67QTVN1PROD with PROPOSALS
II. Analysis of the State’s Submittals
On November 13, 1992, October 21,
2009, and March 19, 2012, GA EPD
submitted final SIP revisions to EPA for
review and approval into the Georgia
SIP. On July 19, 2012, GA EPD
submitted a draft SIP revision to EPA for
review and approval through parallel
process. In the alternative to proposing
approval of Georgia’s July 19, 2012,
draft SIP revision, EPA is proposing to
conditionally approve Georgia’s July 19,
2012, SIP revisions. These four SIP
revisions comprehensively address all
of the remaining CTG related
requirements for the Atlanta Area 3 and
revise Georgia’s rules to address the
VOC and NOX RACT provisions for
major sources.
Georgia’s SIP revisions include
changes made by the State of Georgia to
its Air Quality Rules, found at Chapter
391–3–1, and include revisions to GA
EPD’s VOC and NOX rules, including its
VOC and NOX RACT requirements.
Georgia’s VOC and NOX rules for the
Atlanta Area are being approved, as they
are consistent with the CAA, and EPA
3 Georgia met some of the Group I CTG
requirements through SIP revisions submitted to
EPA prior to November 13, 1992.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
October 5, 2007.
October 9, 2008.
October 7, 2009.
VOC and NOX RACT guidance
including CTG guidance. A brief
description of the rule changes that GA
EPD submitted and that EPA is
approving through this action is
provided below.
A. Summary of the November 13, 1992,
SIP Submittal
On November 13, 1992, the State of
Georgia submitted a SIP revision to
clarify compliance options and specify
solids equivalent limits for certain CTG
source categories in order to meet EPA
requirements. This revision was
originally submitted to address the 1hour ozone nonattainment area
requirements. EPA is now proposing to
approve the revisions included as part
of the November 13, 1992, SIP revision.
A portion of the November 13, 1992, SIP
revision was previously acted on in a
Federal Register notice dated March 8,
1995 (60 FR 12688). A portion of the
November 13, 1992, SIP revision was
withdrawn. Rule 391–3–1–.02(2)(tt) and
Rule 391–3–1–.02(2)(yy) were originally
submitted in the November 13, 1992,
submittal but GA EPD submitted a
December 22, 1997, letter and a
subsequent February 27, 2012, letter
clarifying that GA EPD withdrew Rule
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
391–3–1–.02(2)(tt) and Rule 391–3–1–
.02(2)(yy) from the November 13, 1992,
submittal. The following remaining rule
changes from the 1992 SIP revision,
supplemented by the October 21, 2009,
SIP revisions, are being approved in
today’s rulemaking, and address the
Group I CTG related to certain surface
coating methods. See section B of this
rulemaking for a summary of the
October 21, 2009, SIP revisions.
Specifically, Georgia’s Rule 391–3–1–
.02(2)(u) addresses the control of VOC
emissions from can coating operations
located in the Atlanta Area; Rule 391–
3–1–.02(2)(v) addresses the control of
VOC emissions from coil coating
operations located in the Atlanta Area;
Rule 391–3–1–.02(2)(x) addresses the
control of VOC emissions from fabric
and vinyl coating operations located in
the Atlanta Area; and Rule 391–3–1–
.02(2)(aa) addresses the control of VOC
emissions from wire coating operations
located in the Atlanta Area.
Additionally, there were five other
rules, intended to address Group I CTG
related to additional surface coating
methods, flat wood paneling and
graphic arts systems, included in the
November 13, 1992, SIP revision.
Specifically, Georgia’s Rule 391–3–1–
E:\FR\FM\31JYP1.SGM
31JYP1
45310
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
.02(2)(w) addresses the control of VOC
emissions from paper coating operations
located in the Atlanta Area; Rule 391–
3–1–.02(2)(y) addresses the control of
VOC emissions from metal furniture
coating operations located in the Atlanta
Area; Rule 391–3–1–.02(2)(z) addresses
the control of VOC emissions from large
appliance surface coating operations
located in the Atlanta Area; Rule 391–
3–1–.02(2)(jj) addresses the control of
VOC emissions from flat wood paneling
operations located in the Atlanta Area;
and Rule 391–3–1–.02(2)(mm) addresses
the control of VOC emissions from
graphic arts systems operations located
in the Atlanta Area. On March 19, 2012,
Georgia updated rules 391–3–1–
.02(2)(w), 391–3–1–.02(2)(y), 391–3–1–
.02(2)(z), 391–3–1–.02(2)(jj), and 391–3–
1–.02(2)(mm). Today, EPA is proposing
to take action on the versions of these
rules that were submitted in the March
19, 2012, SIP revision. See Section C for
a summary of the March 19, 2012, SIP
revision.
B. Summary of the October 21, 2009,
SIP Submittals
Georgia submitted three SIP revisions
dated October 21, 2009.
• ‘‘October 21, 2009, Submittal A’’
consists of the Atlanta Area Attainment
Demonstration SIP, the Atlanta Area
RACT SIP and the Atlanta Area
Reasonable Further Progress SIP.
Today’s action only addresses the
Atlanta Area RACT SIP portion of
October 21, 2009, Submittal A. The
RACT SIP portion states ‘‘A majority of
VOC provisions in Georgia Rule 391–3–
1–.02(2) apply statewide based on
county-specific VOC emission
thresholds. The applicability of the VOC
provisions that do not apply statewide
have been extended to the additional 7
counties that make up the metro Atlanta
non-attainment area. In addition, these
VOC provisions apply year-round. The
applicable NOX rules already applied to
the 7 additional counties and no change
is being implemented at this time and
they apply May 1 through September
31.’’ The submittal then provides a
comprehensive list of regulations that
were originally submitted November 13,
1992.
• ‘‘October 21, 2009, Submittal B’’
includes rule revisions that apply to the
Atlanta Area, with state effective dates
of June 8, 2008. It includes changes to
12 RACT rules including: (1) six VOC
CTG RACT rules; (2) two VOC RACT
rules; (3) two NOX RACT rules; (4) a
rule for VOC emissions from major
sources; and (5) a rule for NOX
emissions from major sources.
• ‘‘October 21, 2009, Submittal C’’
includes rule revisions that apply to the
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
Atlanta Area, with state effective dates
of April 12, 2009. It includes changes to
eight RACT rules including: (1) Four
VOC CTG RACT rules; (2) two VOC
RACT rules; and (3) two NOX RACT
rules. This submittal revises seven of
the rules contained in the ‘‘October 21,
2009, Submittal B’’ SIP revision.
As mentioned above in section II.A.,
of this rulemaking, the following rule
changes from Georgia’s November 1992
SIP revision, as supplemented by the
October 21, 2009, SIP revisions,
addressed Group I CTG: Rule 391–3–1–
.02(2)(u), Rule 391–3–1–.02(2)(v), Rule
391–3–1–.02(2)(w), Rule 391–3–1–
.02(2)(x), Rule 391–3–1–.02(2)(y), Rule
391–3–1–.02(2)(z), Rule 391–3–1–
.02(2)(aa), Rule 391–3–1–.02(2)(jj) and
Rule 391–3–1–.02(2)(mm). The October
21, 2009, Submittal B SIP revision also
included Rule 391–3–1–.02(2)(pp), Rule
391–3–1–.02(2)(rr), Rule 391–3–1–
.02(2)(ss), Rule 391–3–1–.02(2)(tt), Rule
391–3–1–.02(2)(vv), Rule 391–3–1–
.02(2)(yy), Rule 391–3–1–.02(2)(ccc),
Rule 391–3–1–.02(2)(ddd), Rule 391–3–
1–.02(2)(eee), Rule 391–3–1–.02(2)(hhh),
Rule 391–3–1–.02(2)(lll) and Rule 391–
3–1–.02(2)(rrr). The state effective date
of these rule revisions was June 8, 2008.
The October 21, 2009, Submittal C SIP
revision subsequently revised Rule 391–
3–1–.02(2)(vv), Rule 391–3–1–
.02(2)(ccc), Rule 391–3–1–.02(2)(ddd),
Rule 391–3–1–.02(2)(eee), Rule 391–3–
1–.02(2)(hhh), Rule 391–3–1–.02(2)(lll)
and Rule 391–3–1–.02(2)(rrr) with a
state effective date of April 12, 2009. In
addition, the October 21, 2009,
Submittal C SIP revision revised Rule
391–3–1–.02(2)(kkk). On March 19,
2012, Georgia later updated Rule 391–3–
1–.02(2)(w), Rule 391–3–1–.02(2)(y) and
Rule 391–3–1–.02(2)(z) to incorporate
the requirements of CAA Section
182(b)(2)(A) for the Group III CTG. On
March 19, 2012, Georgia also updated
Rule 391–3–1–.02(2)(jj), Rule 391–3–1–
.02(2)(mm) and Rule 391–3–1–
.02(2)(ddd) to incorporate the
requirements of CAA Section
182(b)(2)(A) for the Group II CTG.
Today, EPA is proposing to take action
on the version of this rule that was
submitted in the March 19, 2012, SIP
revision. See section C of this
rulemaking for a summary of the March
19, 2012, SIP revision.
C. Summary of the March 19, 2012, SIP
Submittal
Georgia’s March 19, 2012, SIP
revision applies to the 20 county
Atlanta Area. EPA is proposing to
approve the March 19, 2012, SIP
revision in its entirety. The rule
additions and amendments included in
the March 19, 2012, SIP revision are
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
listed below and grouped by pertinent
CTG:
• Rule 391–3–1–.01 ‘‘Definitions’’
• Rule 391–3–1–.02(2)(a)6 ‘‘General
Provisions, VOC Emission Standards,
Exemptions, Area Designations,
Compliance Schedules and Compliance
Determinations’’
• Group II CTG (71 FR 58745, October
5, 2006)
—Rule 391–3–1–.02(2)(jj) ‘‘VOC
Emissions from Surface Coating of
Flat Wood Paneling’’
—Rule 391–3–1–.02(2)(mm) ‘‘VOC
Emissions from Graphic Arts
Systems’’
—Rule 391–3–1–.02(2)(ddd) ‘‘Volatile
Organic Compound Emissions from
Offset Lithography and Letterpress’’
—Rule 391–3–1–.02(2)(aaaa) ‘‘Industrial
Cleaning Solvents’’
• Group III CTG (72 FR 57215,
October 9, 2007)
—Rule 391–3–1–.02(2)(w) ‘‘VOC
Emissions from Paper Coating’’
—Rule 391–3–1–.02(2)(y) ‘‘VOC
Emissions from Metal Furniture
Coating’’
—Rule 391–3–1–.02(2)(z) ‘‘VOC
Emissions from Large Appliance
Surface Coating’’
• Group IV CTG (73 FR 58481,
October 7, 2008)
—Rule 391–3–1–.02(2)(t) ‘‘VOC
Emissions from Automobile and
Light-Duty Truck Manufacturing’’
—Rule 391–3–1–.02(2)(ii) ‘‘VOC
Emissions from Surface Coating of
Miscellaneous Metal Parts and
Products’’
—Rule 391–3–1–.02(2)(vvv) ‘‘VOC
Emissions from Surface Coating of
Miscellaneous Plastic Parts and
Products’’
—Rule 391–3–1–.02(2)(yyy) ‘‘VOC
Emissions from the Use of
Miscellaneous Industrial Adhesives’’
—Rule 391–3–1–.02(2)(zzz) ‘‘VOC
Emissions from the Fiberglass Boat
Manufacturing’’ including a negative
declaration regarding the Pleasure
Craft Coating Operations emission
standard contained in the Group IV
CTG
For each of the above March 19, 2012,
SIP revision CTG related rule additions
or changes, the SIP revision contains:
• New emission standards and/or
work practice standards consistent with
those in the new or revised CTG. Where
existing emission limits were more
stringent than the CTG, GA EPD
maintained the existing provisions from
the previous CTG. For Pleasure Craft
Coating Operations, Georgia submitted a
negative declaration, affirming that
there are no sources applying coatings
to pleasure craft in the Atlanta Area;
E:\FR\FM\31JYP1.SGM
31JYP1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
• New and revised definitions
consistent with those in the CTG;
• A schedule for submitting permit
applications, completing construction,
and full compliance for any
modifications necessary for a facility to
comply with the new requirements; and
• Modifications to the applicability
requirements clarifying which standards
remain in effect until January 1, 2015,
which standards become applicable on
January 1, 2015, and what requirements
are applicable after January 1, 2015.
D. Summary of the July 19, 2012, Draft
SIP Submittal
On July 19, 2012, GA EPD submitted
a draft SIP revision, for parallel
processing, to apply the appropriate
thresholds and applicability for certain
CTG categories and RACT requirements
for the 7 counties that were not a part
of the original 1-hour ozone
nonattainment area for Atlanta. In order
to ensure that EPA can timely 4 take
final action on today’s proposed
approval, EPA is proposing alternative
actions with regard to the July 19, 2012,
draft SIP revision. Because that revision
was submitted in draft form, for parallel
processing, EPA is today both proposing
to approve the revision and
alternatively, proposing to conditionally
approve the revision based on Georgia’s
commitment to provide EPA with a
revision within one year of final action
on the conditional approval. Should
EPA timely receive from Georgia the
final version of the draft July 19, 2012,
SIP revision, EPA will take final action
to approve that revision. If, however,
Georgia is unable to timely provide EPA
with the final SIP revision, EPA will
take final action on the conditional
approval being proposed today. In either
situation, EPA intends to take final
action on the RACT SIP revisions
provided by Georgia for the Atlanta
Area.
Specifically, in the July 19, 2012, draft
SIP revision, GA EPD revised Rule 391–
3–1–.02(2)(a)(6) addressing the
applicability thresholds for Barrow,
Bartow, Carroll, Hall, Newton, Spalding
and Walton Counties for the following
CTG categories and RACT requirements:
• Rule 391–3–1–.02(2)(u) VOC
Emissions from Can Coating;
• Rule 391–3–1–.02(2)(v) VOC
Emissions from Coil Coating;
• Rule 391–3–1–.02(2)(x) VOC
Emissions from Fabric and Vinyl
Coating;
4 On January 16, 2012, EPA was sued in federal
court for failure to take action on certain Georgia
SIP revisions, including certain revisions regarding
RACT requirements for the Atlanta Area. EPA
intends to take action on the pertinent RACT
related submittals by September 14, 2012.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
• Rule 391–3–1–.02(2)(aa) VOC
Emissions from Wire Coating;
• Rule 391–3–1–.02(2)(bb) Petroleum
Liquid Storage;
• Rule 391–3–1–.02(2)(cc) Bulk
Gasoline Terminals;
• Rule 391–3–1–.02(2)(dd) Cutback
Asphalt;
• Rule 391–3–1–.02(2)(ee) Petroleum
Refinery;
• Rule 391–3–1–.02(2)(ff) Solvent
Metal Cleaning;
• Rule 391–3–1–.02(2)(hh) Petroleum
Refinery Equipment Leaks;
• Rule 391–3–1–.02(2)(kk) VOC
Emissions from Synthesized
Pharmaceutical Manufacturing;
• Rule 391–3–1–.02(2)(ll) VOC
Emissions from the Manufacture of
Pneumatic Rubber Tires;
• Rule 391–3–1–.02(2)(nn) VOC
Emissions from External Floating Roof
Tanks;
• Rule 391–3–1–.02(2)(qq) VOC
Emissions from Large Petroleum Dry
Cleaners;
The July 19, 2012, draft SIP revision,
also included a revision to Rule 391–3–
1–.02(2)(kkk) VOC Emissions from
Aerospace Manufacturing and Rework
Facilities which addresses the
applicability thresholds for Barrow,
Bartow, Carroll, Hall, Newton, Spalding
and Walton Counties.
As mentioned above, on July 19, 2012,
the State of Georgia, through GA EPD,
submitted a request for parallel
processing of a draft SIP revision that
the State is taking through public
comment. GA EPD requested parallel
processing so that EPA could begin to
take action on its draft SIP revision in
advance of the State’s submission of the
final SIP revision. Consistent with EPA
regulations found at 40 CFR Part 51,
Appendix V, section 2.3.1, for purposes
of expediting review of a SIP submittal,
parallel processing allows a state to
submit a plan to EPA prior to actual
adoption by the state. Generally, the
state submits a copy of the proposed
regulation or other revisions to EPA
before conducting its public hearing.
EPA reviews this proposed state action,
and prepares a notice of proposed
rulemaking. EPA’s notice of proposed
rulemaking is published in the Federal
Register during the same time frame
that the state is holding its public
process. The state and EPA then provide
for concurrent public comment periods
on both the state action and federal
action.
If the revision that is finally adopted
and submitted by the State is changed
in aspects other than those identified in
the proposed rulemaking on the parallel
process submission, EPA will evaluate
those changes and if necessary and
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
45311
appropriate, issue another notice of
proposed rulemaking. The final
rulemaking action by EPA will occur
only after the SIP revision has been
adopted by the State and submitted
formally to EPA for incorporation into
the SIP. As stated above, the final
rulemaking action by EPA will occur
only after the SIP revision has been: (1)
Adopted by Georgia, (2) submitted
formally to EPA for incorporation into
the SIP; and (3) evaluated by EPA,
including any changes made by the
State after the July 19, 2012, draft SIP
revision is submitted to EPA.
As explained earlier, in the
alternative, EPA is also proposing
conditional approval of Georgia’s July
19, 2012, draft SIP revision, in order to
ensure that EPA can take timely action
to act on Georgia’s RACT related
revisions for the Atlanta Area. On July
19, 2012, Georgia submitted a
commitment letter to provide EPA a SIP
revision to address the appropriate
thresholds and applicability for certain
CTG categories and RACT requirements
(listed above) for the 7 counties that are
in the Atlanta Area but were not a part
of the original 1-hour ozone
nonattainment area for Atlanta. Georgia
requested conditional approval of the
CTG categories and RACT requirements
until such time (within a year) that the
State could submit a SIP revision to
fully address these requirements. The
State requested conditional approval in
coordination with the July 19, 2012,
draft SIP revision that the State has out
for public comment, and requested
conditional approval in the event that
EPA had to take action on the CTG and
RACT requirements for Georgia in
advance of receipt of a final submission.
A copy of Georgia’s commitment letter
is provided in the docket at EPA–R04–
OAR–2012–0448 for today’s proposed
rulemaking.
E. List of Rules Being Approved Into the
SIP
Below summarizes the specifics of
each rule being proposed for approval in
today’s action.
a. Definitions and CTG Related Rules
1. Rule 391–3–1–.01, ‘‘Definitions’’
Revisions to this rule were state
effective June 8, 2008, and submitted to
EPA on June 25, 2008, for SIP approval.
EPA approved the June 25, 2008,
revisions into the SIP on June 11, 2009
(74 FR 27713). Subsequently, this rule
was revised on March 7, 2012, to update
the definition of Georgia Department of
Natural Resources ‘‘Procedures for
Testing and Monitoring Sources of Air
Pollutants,’’ (PTM) to reference the most
E:\FR\FM\31JYP1.SGM
31JYP1
45312
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
recent, October 11, 2011, version of the
PTM. It was submitted for SIP approval
on March 19, 2012, and EPA is
proposing to approve into the SIP the
March 19, 2012, version of Rule 391–3–
1–.01, ‘‘Definitions.’’
emcdonald on DSK67QTVN1PROD with PROPOSALS
2. Rule 391–3–1–.02(2)(a)6, ‘‘General
Provisions, VOC Emission Standards,
Exemptions, Area Designations,
Compliance Schedules and Compliance
Determinations’’
VOC emission standards are required
for all CTG source category sources in
the 20 county Atlanta Area. Revisions to
this rule were state effective June 8,
2008, and submitted to EPA on June 25,
2008, for SIP approval. EPA approved
the June 25, 2008, revisions into the SIP
on June, 11, 2009 (74 FR 27713).
Subsequently, on March 7, 2012,
Georgia updated the applicability
requirements regarding these sources.
The March 7, 2012, changes were
submitted to EPA on March 19, 2012,
for SIP approval. These changes remove
the reference to Rules 391–3–1–.02(2)(t),
(w), (y), (z), (ii), (jj), and (mm) from the
applicability provisions in
subparagraphs 391–3–1–.02(2)(a)6(i)(I).
Georgia updated its applicability
requirements again and submitted a
draft SIP revision on July 19, 2012.
These changes expanded the
applicability to the entire 20 county
Atlanta Area for Rules 391–3–1–
.02(2)(u), (v), (x), (aa), (bb), (cc), (dd),
(ee), (ff), (hh), (kk), (ll), (nn) and (qq).
EPA is proposing to approve into the
SIP the March 19, 2012, version of Rule
391–3–1–.02(2)(a)6, ‘‘General
Provisions, VOC Emission Standards,
Exemptions, Area Designations,
Compliance Schedules and Compliance
Determinations.’’ EPA is also proposing
to approve Georgia’s rule changes
submitted on July 19, 2012, for parallel
processing. In the alternative to
proposing approval of Georgia’s July 19,
2012, draft SIP revision, EPA is
proposing to conditionally approve
Georgia’s July 19, 2012, SIP revisions.
3. Rule 391–3–1–.02(2)(t) ‘‘VOC
Emissions From Automobile and LightDuty Truck Manufacturing’’
In May 1977, EPA issued a CTG
document (1977 CTG) for controlling
VOC emissions from surface coating of
automobiles and light-duty trucks. On
October 7, 2008 (73 FR 58481), EPA
updated the 1977 CTG, as part of Group
IV CTG, addressing the control of VOC
emissions from automobile and lightduty truck manufacturing. On January 3,
1991, April 3, 1991, and September 30,
1991, GA EPD corrected VOC RACT
deficiencies for a number of rules
including Rule 391–3–1–.02(2)(t) ‘‘VOC
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
Emissions from Automobile and LightDuty Truck Manufacturing.’’ EPA
approved these 1991 revisions into the
SIP on October 13, 1992 (57 FR 46780).
Subsequent revisions made to GA EPD’s
VOC Emissions from Automobile and
Light-Duty Truck Manufacturing rule
were state effective on December 20,
1994, and submitted to EPA for SIP
approval. EPA approved this 1994 rule
into the SIP on February 2, 1996. See 61
FR 3817).
Revisions to the rule were then made
to address this CTG source category for
the entire 20 county Atlanta Area and
made state effective on March 7, 2012.
GA EPD submitted the March 7, 2012,
revisions to EPA on March 19, 2012.
EPA has reviewed Georgia’s revised rule
and preliminarily determined that
Georgia’s rule is consistent with the
Group IV CTG for VOC emissions from
automobile and light-duty truck
manufacturing. EPA is therefore
proposing to approve Georgia’s rule,
submitted on March 19, 2012, regarding
VOC emissions from automobile and
light-duty truck manufacturing.
4. Rule 391–3–1–.02(2)(u) ‘‘VOC
Emissions From Can Coating’’
In May 1977, EPA established a CTG
addressing the control of VOC emissions
from can coating operations. On January
3, 1991, April 3, 1991, and September
30, 1991, GA EPD corrected VOC RACT
deficiencies for a number of rules
including Rule 391–3–1–.02(2)(u) ‘‘VOC
Emissions from Can Coating.’’ EPA
approved these 1991 revisions into the
SIP on October 13, 1992 (57 FR 46780).
On November 13, 1992, GA EPD
submitted a SIP revision to address this
CTG source category for the 13 county
Atlanta 1-hour ozone nonattainment
area. Subsequently, through the October
21, 2009, ‘‘Submittal A’’ SIP revision,
and the draft July 19, 2012, SIP revision
the applicability of these rules was
extended to include the 20 county
Atlanta Area.5 The July 19, 2012, SIP
revision revised Rule 391–3–1–
5 Under Section 107(d)(1)(C) of the CAA, each
ozone area designated nonattainment for the 1-hour
ozone NAAQS prior to the enactment of the 1990
CAA Amendments, such as the Atlanta Area, was
designated by operation of law upon the 1990 CAA
Amendments. Under Section 181(a) of the CAA,
each ozone area designated under section 107(d)
was also classified by operation of law as
‘‘marginal,’’ ‘‘moderate,’’ ‘‘serious,’’ ‘‘severe,’’ or
‘‘extreme,’’ depending on the severity of the area’s
air quality problem. The original Atlanta 1-hour
severe ozone nonattainment area, (See 56 FR 56694,
November 6, 1991), consisted of the 13 counties of
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding
and Rockdale. When the Atlanta Area was
designated nonattainment for the 1997 8-hour
ozone NAAQS, the Area included the previous 1hour area counties, and an additional seven
counties to make the 20 county Atlanta Area.
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
.02(2)(a)(6) ‘‘General Provisions, VOC
Emission Standards, Exemptions, Area
Designations, Compliance Schedules
and Compliance Determinations’’ which
affected the applicability for Rule 391–
3–1–.02(2)(u) ‘‘VOC Emissions from Can
Coating.’’
The purpose of Georgia’s rule is to
control VOC emissions from can coating
operations located in the Atlanta Area.
GA EPD’s Rule 391–3–1–.02(2)(u) ‘‘VOC
Emissions from Can Coating’’ was
changed to clarify compliance options
and to specify solids equivalent limits to
be used as a compliance option. EPA
has reviewed Georgia’s rule changes,
submitted on November 13, 1992, and
in the October 21, 2009, Submittal A SIP
revision and has preliminarily
determined that these changes are
consistent with EPA RACT guidance
and EPA’s CTG for Can Coatings, and
these changes are therefore proposed for
approval. EPA is also proposing to
approve Georgia’s rule changes
submitted on July 19, 2012, for parallel
processing and in alternative, proposing
conditional approval of Georgia’s July
19, 2012, draft SIP revision.
5. Rule 391–3–1–.02(2)(v) ‘‘VOC
Emissions From Coil Coating’’
In May 1977, EPA established a CTG
addressing the control of VOC emissions
from coil coating operations. On January
3, 1991, April 3, 1991, and September
30, 1991, GA EPD corrected VOC RACT
deficiencies for a number of rules
including Rule 391–3–1–.02(2)(v) ‘‘VOC
Emissions from Coil Coating.’’ EPA
approved these 1991 revisions into the
SIP on October 13, 1992 (57 FR 46780).
On November 13, 1992, GA EPD
submitted a SIP revision to address this
CTG source category for the 13 county
Atlanta 1-hour ozone nonattainment
area. Subsequently, through the October
21, 2009, Submittal A SIP revision, and
the draft July 19, 2012, SIP revision the
applicability of these rules was
extended to include the current 20
county 1997 8-hour Atlanta ozone
nonattainment area. The July 19, 2012,
SIP revision revised Rule 391–3–1–
.02(2)(a)(6) ‘‘General Provisions, VOC
Emission Standards, Exemptions, Area
Designations, Compliance Schedules
and Compliance Determinations’’ which
affected the applicability for Rule 391–
3–1–.02(2)(v) ‘‘VOC Emissions from Coil
Coating.’’
The purpose of Georgia’s rule is to
control VOC emissions from coil coating
operations located in the Atlanta Area.
It was changed to clarify compliance
options and to specify solids equivalent
limits to be used as a compliance
option. EPA has reviewed Georgia’s rule
changes, submitted on November 13,
E:\FR\FM\31JYP1.SGM
31JYP1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
1992, and in the October 21, 2009,
Submittal A SIP revision and has
preliminarily determined that these
changes are consistent with EPA RACT
guidance and EPA’s CTG for Coil
Coatings, and these changes are
therefore proposed for approval. EPA is
also proposing to approve Georgia’s rule
changes submitted on July 19, 2012, for
parallel processing. In the alternative,
EPA is proposing to conditionally
approve of Georgia’s July 19, 2012, draft
SIP revision.
emcdonald on DSK67QTVN1PROD with PROPOSALS
6. Rule 391–3–1–.02(2)(w) ‘‘VOC
Emissions From Paper Coating’’
In May 1977, EPA established a CTG
addressing the control of VOC emissions
from paper coating operations. On
October 9, 2007 (73 FR 57215), EPA
updated the 1977 CTG, as part of Group
III CTG, addressing the control of VOC
emissions from paper, film and foil
coating operations. On January 3, 1991,
April 3, 1991, and September 30, 1991,
GA EPD corrected VOC RACT
deficiencies for a number of rules
including Rule 391–3–1–.02(2)(w) ‘‘VOC
Emissions from Paper Coating.’’ EPA
approved these 1991 revisions into the
SIP on October 13, 1992 (57 FR 46780).
Subsequent changes to this rule became
state effective on September 16, 1992,
and were submitted to EPA for SIP
approval on November 13, 1992. At the
time it was submitted it applied to the
13 counties in the 1-hour ozone
nonattainment area. Through the
October 21, 2009, Submittal A SIP
revision, the applicability of these rules
was extended to include the current 20
county Atlanta Area. The Georgia rule
was changed again on March 7, 2012, to
be consistent with EPA Group III CTG
established October 9, 2007 (72 FR
57215), and submitted to EPA for SIP
approval on March 19, 2012.
The purpose of this rule is to control
VOC emissions from paper coating
operations located in the Atlanta Area.
It was changed to clarify compliance
options and to specify solids equivalent
limits to be used as a compliance
option. Please see pages A–22 through
A–25 of the March 19, 2012, submittal
for the specific changes made to this
rule. The Georgia submittal can be
found in the docket at ‘‘EPA–R04–OAR–
2012–0448’’ for today’s rulemaking.
EPA has reviewed Georgia’s rule
changes, which became state effective
on March 7, 2012, and has preliminarily
determined that these changes are
consistent with EPA RACT guidance
and Group III CTG for VOC emissions
for Paper, Film and Foil Coatings, and
these changes are therefore proposed for
approval.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
7. Rule 391–3–1–.02(2)(x) ‘‘VOC
Emissions From Fabric and Vinyl
Coating’’
In May 1977, EPA established a CTG
addressing the control of VOC emissions
from fabric and vinyl coating
operations. On January 3, 1991, April 3,
1991, and September 30, 1991, GA EPD
corrected VOC RACT deficiencies for a
number of rules including Rule 391–3–
1–.02(2)(x) ‘‘VOC Emissions from Fabric
and Vinyl Coating.’’ EPA approved
these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). On
November 13, 1992, GA EPD submitted
a SIP revision to address this CTG
source category for the 13 county
Atlanta 1-hour ozone nonattainment
area. Subsequently, through the October
21, 2009, Submittal A SIP revision, and
the draft July 19, 2012, SIP revision, the
applicability of Georgia’s rule was
extended to include the 20 county
Atlanta Area. The July 19, 2012, SIP
revision revised Rule 391–3–1–
.02(2)(a)(6) ‘‘General Provisions, VOC
Emission Standards, Exemptions, Area
Designations, Compliance Schedules
and Compliance Determinations’’ which
affected the applicability for Rule 391–
3–1–.02(2)(x) ‘‘VOC Emissions from
Fabric and Vinyl Coating.’’
The purpose of this rule is to control
VOC emissions from fabric and vinyl
coating operations located in the Atlanta
Area. It was changed to clarify
compliance options and to specify
solids equivalent limits to be used as a
compliance option. EPA has reviewed
Georgia’s rule changes, and has
preliminarily determined that these
changes, submitted on November 13,
1992, and in the October 21, 2009,
Submittal A SIP revision, are consistent
with EPA RACT guidance and EPA’s
CTG for fabric and vinyl coatings, and
these changes are therefore proposed for
approval. EPA is also proposing to
approve Georgia’s rule changes
submitted on July 19, 2012, for parallel
processing and in the alternative,
proposing conditional approval of
Georgia’s July 19, 2012, draft SIP
revision.
8. Rule 391–3–1–.02(2)(y) ‘‘VOC
Emissions From Metal Furniture
Coating’’
In June 1978, EPA established a CTG
addressing the control of VOC emissions
from Metal Furniture Coating. On
October 9, 2007 (73 FR 57215), EPA
updated the 1978 CTG, as part of Group
III CTG, addressing control of VOC
emissions from metal furniture coating
operations.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
45313
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–.02(2)(y)
‘‘VOC Emissions from Metal Furniture
Coating.’’ EPA approved these 1991
revisions into the SIP on October 13,
1992 (57 FR 46780). Subsequent
revisions to this rule became state
effective on September 16, 1992, and
were submitted to EPA for SIP approval
on November 13, 1992. At the time it
was submitted it applied to the 13
counties in the Atlanta 1-hour ozone
nonattainment area. Through the
October 21, 2009, Submittal A SIP
revision, the applicability of these rules
was extended to include the 20 county
Atlanta Area. The Georgia rule was
changed again on March 7, 2012, to be
consistent with EPA Group III CTG
established October 9, 2007, (72 FR
57215) and submitted to EPA for SIP
approval on March 19, 2012.
The purpose of this rule is to control
VOC emissions from metal furniture
coating operations located in the Atlanta
Area. It was revised to clarify
compliance options and to specify
solids equivalent limits to be used as a
compliance option. Please see pages A–
25 through A–30 of the March 19, 2012,
submittal for the specific changes made
to this rule. The Georgia submittal can
be found in the docket at ‘‘EPA–R04–
OAR–2012–0448’’ for today’s
rulemaking. EPA has reviewed Georgia’s
rule changes, submitted on March 19,
2012, and has preliminarily determined
that these changes are consistent with
EPA RACT guidance and Group III CTG
VOC emissions for metal furniture
coatings, and these changes are
therefore proposed for approval.
9. Rule 391–3–1–.02(2)(z) ‘‘VOC
Emissions From Large Appliance
Surface Coating’’
In May 1977, EPA established a CTG
addressing the control of VOC emissions
from large appliance surface coating
operations. On October 9, 2007 (73 FR
57215), EPA updated the 1977 CTG, as
part of Group III CTG, addressing the
control of VOC emissions from large
appliance surface coating operations.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–.02(2)(z)
‘‘VOC Emissions from Large Appliance
Surface Coating.’’ EPA approved these
1991 revisions into the SIP on October
13, 1992 (57 FR 46780). Subsequent
revisions to this rule became state
effective on September 16, 1992, and
were submitted to EPA for SIP approval
on November 13, 1992. At the time it
was submitted it applied to the 13
counties in the Atlanta 1-hour ozone
nonattainment area. Subsequently,
E:\FR\FM\31JYP1.SGM
31JYP1
45314
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
through the October 21, 2009, Submittal
A, SIP revision, the applicability of
these rules was extended to include the
20 county Atlanta Area. The Georgia
rule was revised again on March 7,
2012, to be consistent with EPA Group
III CTG established October 9, 2007, (see
72 FR 57215) and submitted to EPA for
SIP approval on March 19, 2012. EPA is
now approving into the SIP the rule
submitted to EPA on March 19, 2012.
The purpose of this rule is to control
VOC emissions from large appliance
surface coating operations located in the
Atlanta Area. It was changed to clarify
compliance options and to specify
solids equivalent limits to be used as a
compliance option. Please see pages A–
30 through A–35 of the March 19, 2012,
submittal for the specific changes made
to this rule. The Georgia submittal can
be found in the docket at ‘‘EPA–R04–
OAR–2012–0448’’ for today’s
rulemaking. EPA has reviewed Georgia’s
rule changes in the March 19, 2012,
submittal and has preliminarily
determined that these changes are
consistent with EPA RACT guidance
and Group III CTG for VOC emissions
for large appliance coatings, and these
changes are therefore proposed for
approval.
10. Rule 391–3–1–.02(2)(aa) ‘‘VOC
Emissions From Wire Coating’’
In May 1977, EPA established a CTG
addressing the control of VOC emissions
from magnet wire coating operations.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–.02(2)(aa)
‘‘VOC Emissions from Wire Coating.’’
EPA approved these 1991 revisions into
the SIP on October 13, 1992 (57 FR
46780). On November 13, 1992, GA EPD
submitted a SIP revision to address this
CTG source category for the 13 county
Atlanta 1-hour ozone nonattainment
area. Subsequently, through the October
21, 2009, Submittal A SIP revision, and
the draft July 19, 2012, SIP revision, the
applicability of these rules was
extended to include the 20 county
Atlanta Area. The July 19, 2012, SIP
revision revised Rule 391–3–1–
.02(2)(a)(6) ‘‘General Provisions, VOC
Emission Standards, Exemptions, Area
Designations, Compliance Schedules
and Compliance Determinations’’ which
affected the applicability for Rule 391–
3–1–.02(2)(aa) ‘‘VOC Emissions from
Wire Coating.’’
The purpose of Georgia’s rule is to
control VOC emissions from wire
coating operations located in the Atlanta
Area. It was changed to clarify
compliance options and to specify
solids equivalent limits to be used as a
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
compliance option. EPA has reviewed
Georgia’s rule changes, submitted on
November 13, 1992, and in the October
21, 2009, Submittal A SIP revision and
has preliminarily determined that these
changes are consistent with EPA RACT
guidance and EPA’s CTG for wire
coatings, and these changes are
therefore proposed for approval. EPA is
also proposing to approve Georgia’s rule
changes submitted on July 19, 2012, for
parallel processing. In the alternative,
EPA is proposing to conditionally
approve of Georgia’s July 19, 2012, draft
SIP revision.
11. Rule 391–3–1–.02(2)(ii) ‘‘VOC
Emissions From Surface Coating of
Miscellaneous Metal Parts and
Products’’
In June 1978, EPA issued a CTG
document to address the control of VOC
emissions from surface coating of
Miscellaneous Metal Parts and Products.
On October 7, 2008 (73 FR 58481), EPA
updated the 1978 CTG, as part of Group
IV CTG, addressing the control of VOC
emissions from surface coating of
miscellaneous metal parts and products.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–.02(2)(ii)
‘‘VOC Emissions from Surface Coating
of Miscellaneous Metal Parts and
Products.’’ EPA approved these 1991
revisions into the SIP on October 13,
1992 (57 FR 46780). On October 28,
1999, GA EPD submitted to EPA a
revision to Rule 391–3–1–.02(2)(ii)
‘‘VOC Emissions from Surface Coating
of Miscellaneous Metal Parts and
Products’’ and EPA approved this rule
on July 10, 2001 (66 FR 35906). On
March 19, 2012, GA EPD submitted
another SIP revision revising Rule 391–
3–1–.02(2)(ii) ‘‘VOC Emissions from
Surface Coating of Miscellaneous Metal
Parts and Products,’’ to address this
CTG source category for the entire 20
county Atlanta Area.
The purpose of Georgia’s rule is to
control VOC emissions from surface
coating of miscellaneous metal parts
and products operations located in the
Atlanta Area. It was changed to clarify
compliance options and to specify
solids equivalent limits to be used as a
compliance option. The changes set
emissions limits and solids equivalent
for various coating scenarios. Please see
pages A–35 through A–44 of the March
19, 2012, submittal for the specific
changes made to this rule. The Georgia
submittal can be found in the docket at
‘‘EPA–R04–OAR–2012–0448’’ for
today’s rulemaking. EPA has reviewed
Georgia’s rule changes, submitted on
March 19, 2012, and has preliminarily
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
determined that these changes are
consistent with EPA RACT guidance
and Group IV CTG for VOC emissions
for surface coating of miscellaneous
metal parts and products, and these
changes are therefore proposed for
approval.
12. Rule 391–3–1–.02(2)(jj) ‘‘VOC
Emissions From Surface Coating of Flat
Wood Paneling’’
In June 1978, EPA issued a CTG
document to address the control of VOC
emissions from surface coating of flat
wood paneling. On October 5, 2006 (71
FR 58745), EPA updated the 1978 CTG,
as part of Group II CTG, addressing the
control of VOC emissions from surface
coating of flat wood paneling
operations.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1-.02(2)(jj)
‘‘VOC Emissions from Surface Coating
of Flat Wood Paneling.’’ EPA approved
these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). GA
EPD revised the rule again on
September 16, 1992, and submitted it to
EPA for SIP approval on November 13,
1992. At the time it was submitted it
applied to the 13 counties in the 1-hour
ozone nonattainment area.
Subsequently, through the October 21,
2009, Submittal A, SIP revision, the
applicability of these rules was
extended to include the 20 county
Atlanta Area. The Georgia rule was
changed again on March 7, 2012, to be
consistent with EPA Group II CTG
established October 5, 2006 (71 FR
58745), and was submitted to EPA for
SIP approval on March 19, 2012.
The purpose of Georgia’s rule is to
control VOC emissions from surface
coating of flat wood paneling operations
located in the Atlanta Area. It was
changed to more clearly specify
compliance options that are already
approved in this section. Specifically,
subparagraphs (jjj)2.(i),(ii) and (iii) are
changed to more clearly define the
compliance options. Please see pages A–
44 through A–47 of the March 19, 2012,
submittal for the specific changes made
to this rule. The Georgia submittal can
be found in the docket at ‘‘EPA–R04–
OAR–2012–0448’’ for today’s
rulemaking. EPA has reviewed Georgia’s
rule changes, submitted in the October
21, 2009, Submittal A, and March 19,
2012, SIP revisions and has
preliminarily determined that these
changes are consistent with EPA RACT
guidance and Group II for VOC
emissions for surface coating of flat
wood paneling, and these revisions are
therefore proposed for approval.
E:\FR\FM\31JYP1.SGM
31JYP1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
13. Rule 391–3–1–.02(2)(mm) ‘‘VOC
Emissions From Graphic Arts Systems’’
14. Rule 391–3–1–.02(2)(pp) ‘‘Bulk
Gasoline Plants’’
In December 1978, EPA published a
CTG for graphic arts (rotogravure
printing and flexographic printing) that
included flexible packaging printing. On
October 5, 2006 (71 FR 58745), EPA
updated the1978 CTG, as part of Group
II CTG, addressing the control of VOC
emissions from graphic arts systems
consisting of packaging rotogravure,
publication rotogravure or flexographic
printing operations.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–
.02(2)(mm) ‘‘VOC Emissions from
Graphic Arts Systems.’’ EPA approved
these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). GA
EPD revised its rule again on September
16, 1992, and submitted the revisions to
EPA for SIP approval on November 13,
1992. At the time Georgia’s rule was
submitted it applied to the 13 counties
in the 1-hour ozone nonattainment area.
Subsequently, through the October 21,
2009, Submittal A SIP revision, the
applicability of these rules was
extended to include the 20 county
Atlanta Area. The Georgia rule was
changed again on March 7, 2012, to be
consistent with EPA Group II CTG
established October 5, 2006 (71 FR
58745), and submitted to EPA for SIP
approval on March 19, 2012. EPA is
now proposing to approve into the SIP
the rule submitted to EPA on March 19,
2012.
The purpose of Georgia’s rule is to
control VOC emissions from graphic arts
operations located in the Atlanta Area.
It was changed to clarify compliance
options and to specify solids equivalent
limits to be used as a compliance
option. The changes also allows for a
compliance option to average a 24-hour
weighted basis of VOC content,
provided the average does not exceed
the limits set in this section. Please see
pages A–48 through A–52 of the March
19, 2012, submittal for the specific
changes made to this rule. The Georgia
submittal can be found in the docket at
‘‘EPA–R04–OAR–2012–0448’’ for
today’s rulemaking. EPA has reviewed
Georgia’s rule changes, submitted on
March 19, 2012, and has preliminarily
determined that these changes are
consistent with EPA RACT guidance
and Group II CTG for VOC emissions for
graphic arts, and these changes are
therefore proposed for approval.
In 1977, EPA established a CTG
addressing the control of VOC emissions
from bulk gasoline plants. On January 3,
1991, April 3, 1991, and September 30,
1991, GA EPD corrected VOC RACT
deficiencies for a number of rules
including Rule 391–3–1–.02(2)(pp)
‘‘Bulk Gasoline Plants.’’ EPA approved
these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). On
December 31, 2004, GA EPD revised
Rule 391–3–1–.02(2)(pp) ‘‘Bulk Gasoline
Plants’’ again. EPA approved these
revisions into the SIP on August 26,
2005, (70 FR 50199). GA EPD revised its
rule again on June 8, 2008, and
submitted the revisions to EPA for SIP
approval in the October 21, 2009,
Submittal B SIP revision. EPA is now
proposing to approve into the SIP the
rule submitted to EPA on October 21,
2009.
The purpose of Rule 391–3–1–
.02(2)(pp) ‘‘Bulk Gasoline Plants’’ is to
comply with section 182 of the CAA, as
it relates to the implementation of RACT
for bulk gasoline plants. The
amendment extends the requirement to
all 20 counties in the Atlanta Area, by
adding the counties of Barrow, Bartow,
Carroll, Hall, Newton, Spalding, and
Walton. The compliance date for the
seven additional counties is June 1,
2008, to coincide with the applicability
of rule 391–3–1–.02(2)(rr) ‘‘Gasoline
Dispensing Facility,’’ for these counties.
Additionally, language has been added
to subparagraphs 1.(i), (ii), and (iii), and
a definition for ‘‘stationary storage tank’’
has been added to subparagraph 5.(v), to
further clarify that the provisions in this
section apply to stationary storage tanks.
These changes, submitted on October
21, 2009, are being proposed for
approval, as they appear to be consistent
with the federal requirements for RACT
(Group I CTG) and the CAA.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
15. Rule 391–3–1–.02(2)(rr) ‘‘Gasoline
Dispensing Facility’’
In 1975, EPA established a CTG
addressing the control of VOC emissions
from gasoline dispensing facilities. On
January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–.02(2)(rr)
‘‘Gasoline Dispensing Facility.’’ EPA
approved these 1991 revisions into the
SIP on October 13, 1992 (57 FR 46780).
On December 31, 2004, GA EPD revised
Rule 391–3–1–.02(2)(rr) ‘‘Gasoline
Dispensing Facility’’ again. EPA
approved these revisions into the SIP on
August 26, 2005 (70 FR 50199). GA EPD
revised its rule again on June 8, 2008,
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
45315
and submitted the revisions to EPA for
SIP approval in the October 21, 2009,
Submittal B SIP revision. EPA is now
proposing to approve into the SIP the
rule submitted to EPA on October 21,
2009.
The purpose of Georgia’s rule is to
comply with section 182 of the CAA, as
it relates to the implementation of RACT
for gasoline dispensing facilities.
Subparagraph (rr)1.-14. of the rule was
deleted in its entirety and replaced with
a new subparagraph (rr)1.-16. to make
the rule more clearly understandable.
The installation and operation of Stage
I Vapor Recovery control is equivalent
to RACT for such plants. The revisions
expand the requirements of this
subparagraph to include the seven
additional counties (Barrow, Bartow,
Carroll, Hall, Newton, Spalding, and
Walton) that were added to the Atlanta
Area, with staggered compliance dates
ranging from June 1, 2008, to May 1,
2009, based on gallons per month of
gasoline dispensed. Existing facilities in
the counties of Catoosa, Richmond and
Walker also have staggered compliance
dates of May 1, 2006, or May 1, 2007,
based on whether they dispense greater
than, or less than or equal to, 50,000
gallons of gasoline per month. Any
newly constructed or reconstructed
facilities would need to be in
compliance with the requirements of the
subparagraph upon startup of gasoline
dispensing operations.
The changes also establish the
requirement that applicable gasoline
dispensing facilities implement
enhanced Stage I vapor recovery
systems rather than Stage I vapor
recovery systems. The revisions
establish compliance dates for the
upgrade of existing Stage I vapor control
systems to enhanced vapor control
systems. The amendment extends the
requirement to all 20 counties in the
Atlanta Area, by adding the counties of
Barrow, Bartow, Carroll, Hall, Newton,
Spalding, and Walton. The compliance
date for existing facilities in the
counties of Cherokee, Clayton, Cobb,
Coweta, DeKalb, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding, and
Rockdale to be in compliance with the
requirements of an approved enhanced
Stage I gasoline vapor recovery system
is May 1, 2012, and for the counties of
Catoosa, Richmond and Walker is May
1, 2023. Any newly constructed or
reconstructed facilities would need to
be in compliance with the enhanced
Stage I requirements upon startup of
gasoline dispensing operations. EPA has
preliminarily determined that all of the
changes and compliance dates in this
rule revision submitted in the October
21, 2009, Submittal B SIP revision meet
E:\FR\FM\31JYP1.SGM
31JYP1
45316
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
the requirements of RACT under the
CAA and the Group I CTG for ‘‘Design
Criteria for Stage I Vapor Control
Systems—Gasoline Service Stations,’’
and are therefore proposed for approval.
emcdonald on DSK67QTVN1PROD with PROPOSALS
16. Rule 391–3–1–.02(2)(ss) ‘‘Gasoline
Transport Vehicles and Vapor
Collection Systems’’
In December 1978, EPA established a
CTG addressing the control of VOC
emissions from gasoline transport
vehicles and vapor collection systems.
On January 3, 1991, April 3, 1991, and
September 30, 1991, GA EPD corrected
VOC RACT deficiencies for a number of
rules including Rule 391–3–1–.02(2)(ss)
‘‘Gasoline Transport Vehicles and Vapor
Collection Systems.’’ EPA approved
these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). On
December 31, 2004, GA EPD revised
Rule 391–3–1–.02(2)(ss) ‘‘Gasoline
Transport Vehicles and Vapor
Collection Systems’’ again. EPA
approved these revisions into the SIP on
August 26, 2005, (70 FR 50199). GA EPD
revised its rule again on June 8, 2008,
and submitted the revisions to EPA for
SIP approval in the October 21, 2009,
Submittal B SIP revision. EPA is now
proposing to approve into the SIP the
rule submitted to EPA on October 21,
2009.
The purpose of this revision is to
expand applicability to the seven
additional counties (Barrow, Bartow,
Carroll, Hall, Newton, Spalding, and
Walton) that were added to the Atlanta
Area. This will allow the rule
requirements to cover gasoline transport
vehicles that deliver gasoline to gasoline
dispensing facilities in these counties.
Additionally, several administrative
revisions are made to the rule to clarify
and consolidate the rule, including the
addition of the term ‘‘vapor’’ to clarify
that the control system is a vapor
control system, and the addition of the
definition of ‘‘gasoline.’’ These changes,
submitted in the October 21, 2009,
Submittal B SIP revision appear to meet
the requirements of RACT under the
CAA, and the Group I CTG for ‘‘Control
of Volatile Organic Compound Leaks
from Gasoline Tank Trucks and Vapor
Collection Systems,’’ and are therefore
proposed for approval.
17. Rule 391–3–1–.02(2)(ddd) ‘‘Volatile
Organic Compound Emissions From
Offset Lithography and Letterpress’’
On October 5, 2006 (71 FR 58745),
EPA established an offset lithography
and letterpress CTG separate from the
graphic arts CTG, as part of Group II
CTG, addressing the control of VOC
emissions from offset lithography and
letterpress operations.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
On October 28, 1999, GA EPD
submitted to EPA a revision to Rule
391–3–1–.02(2)(ddd) ‘‘Volatile Organic
Compound Emissions from Offset
Lithography and Letterpress’’ and EPA
approved this rule on July 10, 2001 (66
FR 35906). GA EPD revised its rule
again on June 8, 2008, and submitted it
to EPA for SIP approval in the October
21, 2009, Submittal B SIP revision. The
October 21, 2009, Submittal B, SIP
revision updated the list of counties to
include Barrow County so the Georgia
rule applies to the entire 20 county
Atlanta Area and the revision
established a compliance date of May 1,
2009, for Barrow County. Subsequently,
this rule was revised on April 12, 2009,
and submitted to EPA for SIP approval
in the October 21, 2009, Submittal C SIP
revision. The October 21, Submittal C,
SIP revision revised the compliance
date to March 1, 2009. Subsequently,
this rule was revised again on March 7,
2012, to be consistent with EPA Group
II CTG established, October 5, 2006 (71
FR 58745), for the Atlanta Area and
submitted to EPA for SIP approval on
March 19, 2012. EPA is now proposing
to approve into the SIP the rule
submitted to EPA on March 19, 2012.
18. Rule 391–3–1–.02(2)(eee) ‘‘Volatile
Organic Compound Emissions From
Expanded Polystyrene Products
Manufacturing’’
In 1983, EPA established a CTG
addressing the control of VOC emissions
from expanded polystyrene products
manufacturing. On October 28, 1999,
GA EPD submitted to EPA a revision to
Rule 391–3–1–.02(2)(eee) ‘‘Volatile
Organic Compound Emissions from
Expanded Polystyrene Products
Manufacturing’’ and EPA approved this
rule on July 10, 2001 (66 FR 35906). GA
EPD revised the rule again on June 8,
2008, and submitted it to EPA for SIP
approval in the October 21, 2009,
Submittal B SIP revision and then again
on April 12, 2009, and submitted it to
EPA for SIP approval in the October 21,
2009, Submittal C SIP revision.
The purpose of Georgia’s rule is to
establish applicability and compliance
dates associated with emission
limitations from Expanded Polystyrene
Products Manufacturing VOC emissions
in the Atlanta Area. Rule 391–3–1–
.02(2)(eee) ‘‘Volatile Organic Compound
Emissions from Expanded Polystyrene
Products Manufacturing’’ was amended
in the October 21, 2009, Submittal B SIP
revision to update the list of counties to
include Barrow County so that the rule
applies to the entire 20 county Atlanta
Area and to provide Barrow County
with a compliance date of May 1, 2009.
This rule was subsequently revised and
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
submitted in the October 21, 2009,
Submittal C SIP revision to amend the
compliance date for Barrow County to
March 1, 2009. These revisions,
submitted on October 21, 2009, appear
to be consistent with the requirements
of RACT under the CAA, and are
therefore proposed for approval.
19. Rule 391–3–1–.02(2)(hhh) ‘‘Wood
Furniture Finishing and Cleaning
Operations’’
In 1996, EPA established a CTG
addressing the control of VOC emissions
from wood furniture finishing and
cleaning operations. On October 28,
1999, GA EPD submitted to EPA a
revision to Rule 391–3–1–.02(2)(hhh)
‘‘Wood Furniture Finishing and
Cleaning Operations’’ and EPA
approved this rule on July 10, 2001 (66
FR 35906). GA EPD revised the rule on
June 8, 2008, and submitted it to EPA
for SIP approval in the October 21,
2009, Submittal B SIP revisions and
then again on April 12, 2009, and
submitted to EPA for SIP approval in
the October 21, 2009, Submittal C SIP
revision.
The purpose of Georgia’s rule is to
establish applicability and compliance
dates associated with emission
limitations from wood furniture
finishing and cleaning operation VOC
emissions in the Atlanta Area. Rule
391–3–1–.02(2)(hhh) ‘‘Wood Furniture
Finishing and Cleaning Operations’’ was
amended in the October 21, 2009,
Submittal B SIP revision to update the
list of counties to include Barrow
County so that the rule applies to the
entire Atlanta Area and to provide
Barrow County with a compliance date
of May 1, 2009. This rule was
subsequently revised and submitted in
the October 21, 2009, Submittal C SIP
revision to amend the compliance date
for Barrow County to March 1, 2009.
These revisions, submitted on October
21, 2009, appear to be consistent with
the requirements of RACT under the
CAA, and are therefore proposed for
approval.
20. Rule 391–3–1–.02(2)(kkk) ‘‘VOC
Emissions From Aerospace
Manufacturing and Rework Facilities’’
In December 1997, EPA established a
CTG addressing the control of VOC
emissions from aerospace
manufacturing and rework facilities. On
October 28, 1999, GA EPD submitted to
EPA a revision to Rule 391–3–1–
.02(2)(kkk) ‘‘VOC Emissions from
Aerospace Manufacturing and Rework
Facilities’’ and EPA approved this rule
on July 10, 2001 (66 FR 35906). In the
October 21, 2009, Submittal C SIP
revision, and the draft July 19, 2012, SIP
E:\FR\FM\31JYP1.SGM
31JYP1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
revision, GA EPD expanded the
applicability of Rule 391–3–1–
.02(2)(kkk) ‘‘VOC Emissions from
Aerospace Manufacturing and Rework
Facilities’’ to include all the counties in
the Atlanta Area.
The purpose of this rule is to limit
VOC emissions from aerospace
manufacturing and rework facilities that
are located within or contribute to
ozone levels in ozone nonattainment
areas. The rules also limit VOC
emissions from major sources (emitting
greater than 100 tons per year of VOC
emissions) located outside the ozone
nonattainment area. The revisions
amend the recordkeeping requirements
for solvents to be consistent with
Federal requirements found at 40 CFR
63, subpart GG. Also the definition of
‘‘cleaning solvent’’ is revised to include
a definition of ‘‘no VOCs’’ (VOC content
less than 1.0 weight percent), to make
the definition more clear. A
typographical error is also corrected.
These revisions, submitted on October
21, 2009, appear to be consistent with
EPA’s CTG under the CAA, and are
therefore proposed for approval. EPA is
also proposing to approve Georgia’s rule
changes submitted on July 19, 2012, for
parallel processing. In the alternative,
EPA is proposing to conditionally
approval Georgia’s July 19, 2012, draft
SIP revision.
21. Rule 391–3–1–.02(2)(vvv) ‘‘VOC
Emissions From Surface Coating of
Miscellaneous Plastic Parts and
Products’’ 6
In June 1978, EPA issued a CTG
document addressing the control of
VOC emissions from surface coating of
Miscellaneous Metal Parts and Products.
On October 7, 2008 (73 FR 58481), EPA
updated the 1978 CTG, as part of Group
IV CTG, addressing the control of VOC
emissions from the surface coating of
miscellaneous plastic parts and
products. On March 19, 2012, GA EPD
submitted a SIP revision addressing this
CTG source category for the entire 20county Atlanta Area. EPA has reviewed
Georgia’s rule, which became state
effective on March 7, 2012, and has
preliminarily determined that Georgia’s
rule is consistent with the Group IV
CTG for VOC emission from the surface
coating of miscellaneous plastic parts
and products. EPA is therefore
proposing to approve Georgia’s SIP
revision submitted on March 19, 2012,
regarding VOC emissions from source
coating of miscellaneous plastic parts
and products.
6 Also see Rule 391–3–1–.02(2)(www) ‘‘VOC
Emissions from Surface Coating of Pleasure Craft’’
for additional information.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
45317
22. Rule 391–3–1–.02(2)(www) ‘‘VOC
Emissions From Surface Coating of
Pleasure Craft’’
24. Rule 391–3–1–.02(2)(zzz) ‘‘VOC
Emissions From the Fiberglass Boat
Manufacturing’’
On October 7, 2008 (73 FR 58486)
EPA published the Miscellaneous Metal
and Plastic Part Coatings CTG (MMPPC
CTG) as part of the Group IV CTG,
addressing the control of VOC emissions
from various metal and plastic part
coatings. Members of the pleasure craft
coatings industry contacted EPA
requesting reconsideration of the
pleasure craft VOC limits contained in
EPA’s 2008 MMPPC CTG. In response,
EPA issued a memorandum on June 1,
2010, titled ‘‘Control Technique
Guidelines for Miscellaneous Metal and
Plastic Part Coatings—Industry Request
for Reconsideration,’’ recommending
that the pleasure craft industry work
with State agencies during their RACT
rule development process to assess what
is reasonable for the specific sources
regulated. EPA stated that states can use
the recommendations from the MMPPC
CTG to inform their own determinations
as to what constitutes RACT for
pleasure craft coating operations in their
particular ozone nonattainment area.
In its March 19, 2012, SIP revision,
GA EPD provided a negative declaration
for the surface coatings of pleasure craft,
noting that there are no such sources
located in Georgia. EPA has reviewed
this negative declaration and has
preliminarily determined that there are
no sources the emit VOC emissions from
surface coating of pleasure craft in the
Atlanta Area. EPA is therefore
proposing to approve Georgia’s negative
declaration for surface coatings of
pleasure craft submitted on March 19,
2012.
On October 7, 2008 (73 FR 58481),
EPA established a CTG, as part of the
Group IV CTG, addressing the control of
VOC emissions from the fiberglass boat
manufacturing industry.
On March 19, 2012, GA EPD
submitted a SIP revision to address this
CTG source category for the entire 20
county Atlanta Area. EPA has reviewed
Georgia’s rule, which became state
effective on March 7, 2012, and has
preliminarily determined that Georgia’s
rule is consistent with the Group IV
CTG for VOC emissions from the
fiberglass boat manufacturing. EPA is
therefore proposing to approve Georgia’s
SIP revision submitted on March 19,
2012, regarding VOC emissions from the
fiberglass boat manufacturing.
23. Rule 391–3–1–.02(2)(yyy) ‘‘VOC
Emissions From the Use of
Miscellaneous Industrial Adhesives’’
b. General RACT Rules
On October 7, 2008 (73 FR 58481),
EPA established a CTG, as part of Group
IV CTG, addressing the control of VOC
emissions from the use of miscellaneous
industrial adhesives. On March 19,
2012, GA EPD submitted a SIP revision
to address this CTG source category for
the entire 20 county Atlanta Area. EPA
has reviewed Georgia’s rule, which
became state effective on March 7, 2012,
and has preliminarily determined that
Georgia’s rule is consistent with the
Group IV CTG for VOC emissions from
the use of miscellaneous industrial
adhesives. EPA is therefore proposing to
approve Georgia’s SIP revision
submitted on March 19, 2012, regarding
VOC emissions from the use of
miscellaneous industrial adhesives.
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
25. Rule 391–3–1–.02(2)(aaaa) ’’
Industrial Cleaning Solvents’’
On October 5, 2006 (71 FR 58745), as
part of the Group II CTG, EPA updated
the portion of the 1977 Solvent Metal
Cleaning CTG regarding the control of
VOC emissions from the use of
industrial cleaning solvents.
On March 19, 2012, GA EPD
submitted a SIP revision to address this
CTG source category for the entire 20
county Atlanta Area. EPA has reviewed
Georgia’s rule, which became state
effective on March 7, 2012, and
preliminarily determined that Georgia’s
rule is consistent with the Group IV
CTG for industrial cleaning solvents.
EPA is therefore proposing to approve
Georgia’s SIP revision submitted on
March 19, 2012, regarding industrial
cleaning solvents.
Moderate and above ozone
nonattainment areas are required to
have regulations in place that require
major VOC sources and NOx sources to
meet RACT requirements. In 1993 the
Atlanta 1-hour ozone nonattainment
area was required to meet VOC major
source RACT and NOx major source
RACT for the thirteen counties in the
Atlanta 1-hour ozone nonattainment
area. The Atlanta Area was designated
as a marginal nonattainment for the
1997 8-hour ozone standard on June 15,
2004, and was reclassified to moderate
on March 6, 2008. The Area was then
required to meet major source VOC
RACT and major source NOX RACT for
entire 20-county 1997 8-hour
nonattainment area. The following are
RACT rules for the 20-county Atlanta
Area.
E:\FR\FM\31JYP1.SGM
31JYP1
45318
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
1. Rule 391–3–1–.02(2)(tt) ‘‘Volatile
Organic Compound (VOC) Emissions
From Major Sources’’
On November 13, 1992, GA EPD
submitted to EPA a SIP revision that
included Rule 391–3–1–.02(2)(tt)
‘‘Volatile Organic Compound (VOC)
Emissions From Major Sources.’’
Through a December 22, 1997, letter and
a subsequent February 27, 2012, letter
GA EPD withdrew Rule 391–3–1–
.02(2)(tt) (and Rule 391–3–1–.02(2)(yy))
from the November 13, 1992, submittal.
On October 28, 1999, GA EPD submitted
to EPA a revision to Rule 391–3–1–
.02(2)(tt) ‘‘Volatile Organic Compound
(VOC) Emissions From Major Sources’’
and EPA approved this rule on July 10,
2001 (66 FR 35906). GA EPD revised its
rule again on June 8, 2008, and
submitted it to EPA for SIP approval in
the October 21, 2009, Submittal B SIP
revision.
The purpose of Georgia’s October 21,
2009, revision is to establish
applicability and compliance dates
associated with emission limitations
from major VOC sources in the Atlanta
Area. Specifically, this rule is amended
to update the list of counties to include
Barrow County so that the rule applies
to the entire Atlanta Area. Barrow
County has a compliance date of May 1,
2009.
emcdonald on DSK67QTVN1PROD with PROPOSALS
2. Rule 391–3–1–.02(2)(vv) ‘‘Volatile
Organic Liquid Handling and Storage’’
On October 28, 1999, GA EPD
submitted to EPA a revision to Rule
391–3–1–.02(2)(vv) ‘‘Volatile Organic
Liquid Handling and Storage’’ and EPA
approved this rule on July 10, 2001 (66
FR 35906). GA EPD revised its rule on
June 8, 2008, and submitted it to EPA
for SIP approval in the October 21,
2009, Submittal B SIP revision. The rule
was again revised on April 12, 2009,
and submitted to EPA for SIP approval
in the October 21, 2009, Submittal C SIP
revision.
The purpose of this revision is to
establish applicability and compliance
dates associated with emission
limitations from VOC handling and
storage sources in the Atlanta Area.
Specifically, the October 21, 2009,
Submittal B SIP revision amended the
list of counties to include Barrow
County so that the rule applies to the
entire Atlanta Area and to provide
Barrow County with a compliance date
of May 1, 2009. This rule was
subsequently revised and submitted in
the October 21, 2009, Submittal C SIP
revision to amend the compliance date
for Barrow County to March 1, 2009.
EPA has reviewed Georgia’s rule
changes, submitted on October 21, 2009,
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
and has preliminarily determined that
these changes are consistent with EPA
RACT guidance, and are therefore
proposed for approval.
3. Rule 391–3–1–.02(2)(yy) ‘‘Emissions
of Nitrogen Oxides (NOX) Major
Sources’’
On November 13, 1992, GA EPD
submitted to EPA a SIP revision that
included Rule 391–3–1–.02(2)(yy)
‘‘Emissions of Nitrogen Oxides (NOX)
Major Sources.’’ Through a December
22, 1997, letter and a subsequent
February 27, 2012, letter, GA EPD
withdrew Rule 391–3–1–.02(2)(yy) (and
Rule 391–3–1–.02(2)(tt)) from the
November 13, 1992, submittal. On
March 15, 2005, GA EPD submitted to
EPA a revision to Rule 391–3–1–
.02(2)(yy) ‘‘Emissions of Nitrogen
Oxides (NOX) Major Sources’’ and EPA
approved this revision on May 9, 2005
(70 FR 24310). GA EPD revised its rule
again on June 8, 2008, and submitted it
to EPA for SIP approval in the October
21, 2009, Submittal B, SIP revision.
The purpose of this rule is to establish
applicability and compliance dates
associated with emission limitations
from NOX major sources in the Atlanta
Area. This rule is amended to update
the list of counties to include Barrow
County so that the rule applies to the
entire Atlanta Area. Barrow County has
a compliance date of May 1, 2009. These
changes, submitted on October 21, 2009,
appear to be consistent with the
requirements of RACT under the CAA,
and the changes are therefore proposed
for approval.
4. Rule 391–3–1–.02(2)(ccc) ‘‘Volatile
Organic Compound Emissions From
Bulk Mixing Tanks’’
On October 28, 1999, GA EPD
submitted to EPA a revision to Rule
391–3–1–.02(2)(ccc) ‘‘Volatile Organic
Compound Emissions From Bulk
Mixing Tanks’’ and EPA approved this
rule on July 10, 2001 (66 FR 35906). GA
EPD revised its rule on June 8, 2008,
and submitted it to EPA for SIP
approval in the October 21, 2009,
Submittal B SIP revision and then again
on April 12, 2009, and submitted to EPA
for SIP approval in the October 21,
2009, Submittal C SIP revision.
The purpose of this rule is to establish
applicability and compliance dates
associated with emission limitations
from VOC bulk mixing tanks in the
Atlanta Area. This rule was amended in
the October 21, 2009, Submittal B SIP
revision to update the list of counties to
include Barrow County so that the rule
applies to the entire Atlanta Area and
provides a compliance Date of May 1,
2009, for Barrow County. This rule was
PO 00000
Frm 00037
Fmt 4702
Sfmt 4702
subsequently revised and submitted in
the October 21, 2009, Submittal C SIP
revision to amend the compliance date
for Barrow County to March 1, 2009.
These revisions appear to be consistent
with the requirements of RACT under
the CAA, and are therefore proposed for
approval.
5. Rule 391–3–1–.02(2)(lll) ‘‘Nitrogen
Oxide Emissions From Fuel-Burning
Equipment’’
On October 28, 1999, GA EPD
submitted to EPA a revision to Rule
391–3–1–.02(2)(lll) ‘‘Nitrogen Oxide
Emissions from Fuel-Burning
Equipment’’ and EPA approved this rule
on July 10, 2001 (66 FR 35906). GA EPD
revised the rule on June 8, 2008, and
submitted to EPA for SIP approval in
the October 21, 2009, Submittal B SIP
revision and then again on April 12,
2009, and submitted to EPA for SIP
approval in the October 21, 2009,
Submittal C SIP revision. October 21,
2009, Submittal B SIP revision exempts
wood burning boilers located in
counties outside the Atlanta Area. The
October 21, 2009, Submittal C SIP
revision changes the definition of a
wood burning boiler from 50 percent
wood fired to 90 percent wood fired.
The rule is amended to no longer
subject fuel-burning equipment burning
wood or wood residue in specific
amounts outside of the Atlanta Area to
the existing NOX emission standard. No
sources currently exist in these ozone
unclassifiable/attainment areas outside
the Atlanta Area and any new major
source (greater than 100 tpy) would be
required to meet Prevention of
Significant Deterioration (PSD)
requirements. PSD requirements require
Best Available Control Technology
(BACT) which would meet RACT and
the source would have to show that its
emissions do not interfere with the
Atlanta Area air quality. Any new minor
source (less than 100 tpy) would have
to go through the state permitting
process.
6. Rule 391–3–1–.02(2)(rrr) ‘‘Nitrogen
Oxide Emissions From Small FuelBurning Equipment’’
On October 21, 2009, GA EPD
submitted two SIP revisions affecting
the applicability and compliance for
NOX emissions from small fuel-burning
equipment for the entire 20-county
Atlanta Area. The October 21, 2009,
Submittal B SIP revision revised Rule
391–3–1–.02(2)(rrr) to expand the rule
to the entire 20-county Atlanta Area.
The rule applied to sources with greater
than 25 tpy of NOX emissions in
Cherokee, Clayton, Cobb, Coweta,
DeKalb, Douglas, Fayette, Forsyth,
E:\FR\FM\31JYP1.SGM
31JYP1
Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules
emcdonald on DSK67QTVN1PROD with PROPOSALS
Fulton, Gwinnett, Henry, Paulding, and
Rockdale County and is now revised to
include sources with greater than 100
tpy of NOX emissions in Barrow,
Bartow, Carroll, Hall, Newton, Spalding
and Walton County. The changes to
Georgia’s rule also established a May 15,
2005, compliance date for Cherokee,
Clayton, Cobb, Coweta, DeKalb,
Douglas, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and
Rockdale County and a May 1, 2009,
compliance date for Barrow, Bartow,
Carroll, Hall, Newton, Spalding and
Walton County. The October 21, 2009,
Submittal C SIP revision revised the
compliance date for Barrow, Bartow,
Carroll, Hall, Newton, Spalding and
Walton County to March 1, 2009. EPA
has reviewed Georgia’s rule, which
became state effective on June 8, 2008,
(October 21, 2009, Submittal B, SIP
revision) and April 12, 2009, (October
21, 2009, Submittal C, SIP revision) and
has preliminarily determined that
Georgia’s rule is consistent with the
requirements of RACT under the CAA.
EPA is therefore proposing to approve
Georgia’s rule, submitted in the October
21, 2009, Submittal B and Submittal C
SIP revisions regarding NOX emissions
from small fuel-burning engines.
III. Effect of This Proposed Action
The effect of this proposed action is
to include the aforementioned
requirements for RACT and CTG source
categories into the Atlanta Area portion
of the Georgia SIP. In accordance with
the Georgia rules, some affected sources
in the Atlanta Area will have to comply
with rules in the March 19, 2012, and
July 19, 2012, SIP revisions by January
1, 2015, unless the Atlanta Area is
redesignated to attainment prior to
January 1, 2015. According to the
Georgia rules, if the Atlanta Area is
redesignated to attainment prior to
January 1, 2015, Georgia provides that
the new and revised requirements of
these rules will not become applicable
and instead will be approved into the
contingency measures portion of the
Georgia SIP. 7 However, in order for that
to occur, the redesignation process for
the Altanta Area would have to be
completed prior to January 1, 2015.
Today, EPA is proposing to approve the
rules included in the March 19, 2012,
and July 19, 2012, SIP revisions (along
with other rules, as explained earlier),
and simultaneously proposing
7 See the applicability portions of Georgia Rules
391–3–1-.02(t), (w), (y), (z), (ii), (jj), (mm), (ddd),
(vvv), (yyy), (zzz) and (aaaa) of the March 19, 2012,
SIP submittal; See Georgia Rule 391–3–1–
.02(a)(6)(i)(V) and Georgia Rule 391–3–1–
.02(kkk)(18) of the July 19, 2012, draft SIP
submittal.
VerDate Mar<15>2010
13:27 Jul 30, 2012
Jkt 226001
conditional approval for the July 19,
2012, SIP revision. Any action regarding
the movement of rules into the
contingency measures portion of the SIP
would be effectuated through a separate
process (i.e., the redesignation process)
and not final action on today’s proposal.
IV. Proposed Action
Pursuant to section 110 of the CAA,
EPA is proposing to approve the
revisions to Georgia’s SIP addressing
sources subject to NOx RACT and VOC
RACT, including Groups I, II, III and IV
CTG source categories for the Atlanta
Area. EPA has evaluated Georgia’s
November 13, 1992, October 21, 2009,
and March 19, 2012, final SIP revisions
and July 19, 2012, draft SIP revisions,
and preliminarily determined that they
meet the applicable requirements of the
CAA and EPA regulations, and EPA has
made the preliminary determination
that the rules included in the SIP
revisions are consistent with the CAA,
its implementing regulations and EPA
policy on addressing RACT
requirements. Although EPA has
received a draft SIP revisions from
Georgia, dated July 19, 2012, for parallel
processing, in the event, that EPA does
not receive the final version of that SIP
revision within the time frames in
which EPA must finalize today’s
proposal, EPA is also today proposing to
conditionally approve Georgia’s July 19,
2012, draft SIP revision. The alternative
conditional approval option will ensure
that EPA can timely finalize its approval
of the RACT requirements for the
Atlanta Area.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely proposes to approve state law as
meeting federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposal action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
PO 00000
Frm 00038
Fmt 4702
Sfmt 9990
45319
substantial number of small entities
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this proposed rule does
not have tribal implications as specified
by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the
determination does not have substantial
direct effects on an Indian Tribe. There
are no Indian Tribes located within the
Atlanta nonattainment area.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012–18649 Filed 7–30–12; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\31JYP1.SGM
31JYP1
Agencies
[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Proposed Rules]
[Pages 45307-45319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18649]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2012-0448; FRL-9707-7]
Approval and Promulgation of Air Quality Implementation Plans:
Georgia; Control Techniques Guidelines and Reasonably Available Control
Technology
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve three final and one draft State
Implementation Plan (SIP) revisions submitted by the State of Georgia,
through the Georgia Environmental Protection Division (GA EPD), to EPA
on November 13, 1992, October 21, 2009, March 19, 2012, and July 19,
2012 (draft SIP revision). With regard only to the July 19, 2012, SIP
submission, EPA is also proposing, in the alternative, to conditionally
approve that revision which relates to certain control techniques
guidelines (CTG) categories. Together, these four revisions establish
reasonably available control technology (RACT) requirements for the
major sources located in the Atlanta, Georgia 1997 8-hour ozone
nonattainment area (hereafter referred to as the ``Atlanta Area'') that
either emit volatile organic compounds (VOC), nitrogen oxides (NOx), or
both. Georgia's SIP revisions include certain VOC source categories for
which EPA has issued CTG. EPA has evaluated the proposed revisions to
Georgia's SIP, and has made the preliminary determination that they are
consistent with statutory and regulatory requirements and EPA guidance.
DATES: Comments must be received on or before August 30, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2012-0448 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: R4-RDS@epa.gov.
3. Fax: (404) 562-9019.
4. Mail: ``EPA-R04-OAR-2012-0448'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW., Atlanta, Georgia 30303-8960. Such deliveries are
only accepted during the Regional Office's normal hours of operation.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2012-0448.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
[[Page 45308]]
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. Ms. Spann may be reached by
phone at (404) 562-9029, or via electronic mail at spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Analysis of the State's Submittals
III. Effect of this Proposed Action
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
On April 30, 2004, EPA designated the Atlanta Area as a marginal
nonattainment area with respect to the 1997 8-hour ozone national
ambient air quality standards (NAAQS). See 69 FR 23858. The Atlanta
Area includes the following 20 counties: Barrow, Bartow, Carroll,
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, Spalding and
Walton.\1\ For background purposes, portions of the Atlanta Area were
designated as a severe nonattainment area for the 1-hour ozone NAAQS.
The area was subsequently redesignated to attainment for the 1-hour
ozone standard with a maintenance plan. The original Atlanta 1-hour
severe ozone nonattainment area consisted of 13 counties including
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding and Rockdale. See 56 FR 56694
(November 6, 1991). As such, major sources in the 13-county 1-hour
ozone nonattainment area were defined as those sources that emit 25 tpy
or more of VOC or NOX. Therefore, the applicability of some
of the rules being approved in today's action is for 25 tpy and above
for sources in the 13 county area that was severe for the 1-hour ozone
NAAQS and moderate for the 1997 8-hour ozone NAAQS; and 100 tpy and
above in the remaining 7 counties that have only been classified as
moderate for the 1997 8-hour ozone NAAQS. On March 6, 2008, EPA
reclassified the Atlanta Area from a marginal ozone nonattainment area
to a moderate ozone nonattainment area. As a result of this designation
and subsequent reclassification to moderate, Georgia was required to
amend its SIP for the Atlanta Area to satisfy the requirements for a
moderate area under section 182 of the Clean Air Act (CAA or Act).
---------------------------------------------------------------------------
\1\ Effective July 20, 2012, EPA designated 15 counties in the
Atlanta metropolitan area as a marginal nonattainment area for the
2008 8-hour ozone NAAQS. Today's proposed action regarding RACT is
not related to requirements for the 2008 8-hour ozone NAAQS.
---------------------------------------------------------------------------
A. Statutory Requirements
Section 182(b)(2) of the CAA requires states to adopt RACT rules
for all areas designated nonattainment for ozone and classified as
moderate or above. The three parts of the section 182(b)(2) RACT
requirements are: (1) RACT for sources covered by an existing CTG
(i.e., a CTG issued prior to enactment of the 1990 amendments to the
CAA); (2) RACT for sources covered by a post-enactment CTG; and (3) all
major sources not covered by a CTG (i.e., non-CTG sources). Pursuant to
40 CFR 51.165, a major source for a moderate ozone area is a source
that emits 100 tons per year (tpy) or more of VOC or NOX.
A CTG is a guidance document issued by EPA which, as a result of
CAA section 182(b)(2), triggers a responsibility for states to submit,
as part of their SIPs, RACT rules for stationary sources of VOC that
are covered by the CTG. EPA defines RACT as ``the lowest emission limit
that a particular source is capable of meeting by the application of
control technology that is reasonably available considering
technological and economic feasibility.'' See 44 FR 53761, (September
17, 1979). Each CTG includes a ``presumptive norm'' or ``presumptive
RACT'' that EPA believes satisfies the definition of RACT.
If a state submits a RACT rule that is consistent with presumptive
RACT, the state does not need to submit additional support to
demonstrate that the rule meets the CAA's RACT requirement. However, if
the state decides to submit an alternative emission limit or level of
control for a source or source category for which there is a
presumptive RACT, the state must submit independent documentation as to
why the rule meets the statutory RACT requirement. As mentioned above,
section 182(b)(2) of the CAA addresses moderate and above areas for the
1-hour ozone standard. Further clarification of the RACT requirements
for areas classified as moderate or above for the 1997 8-hour ozone
NAAQS is provided in EPA's regulations.\2\ See 40 CFR 51.912.
---------------------------------------------------------------------------
\2\ On July 18, 1997, EPA promulgated a revised 8-hour ozone
NAAQS of 0.08 parts per million--also referred to as the 1997 8-hour
ozone NAAQS. On April 30, 2004, EPA designated areas as
unclassifiable/attainment, nonattainment and unclassifiable for the
1997 8-hour ozone NAAQS. In addition, on April 30, 2004, as part of
the framework to implement the 1997 8-hour ozone NAAQS, EPA
promulgated an implementation rule in two phases (Phase I and II).
The Phase I Rule (effective on June 15, 2004), provided the
implementation requirements for designated areas under subpart 1 and
subpart 2 of the CAA. See 69 FR 23951. EPA's Phase II Rule,
finalized on November 29, 2005, addressed control and planning
requirements as they applied to areas designated nonattainment for
the 1997 8-hour ozone NAAQS such as RACT, RACM, reasonable further
progress, modeling and attainment demonstrations, new source review,
and the impact to reformulated gas for the 1997 8-hour ozone NAAQS
transition. See 70 FR 71612.
---------------------------------------------------------------------------
The CTG established by EPA are guidance to the states and only
provide recommendations. A state can develop its own strategy for what
constitutes RACT for the various CTG categories, and EPA will review
that strategy in the context of the SIP process and determine whether
it meets the RACT requirements of the CAA and its implementing
regulations. If no major sources of VOC or NOX emissions
(each pollutant should be considered separately) in a particular source
category exist in an applicable nonattainment area, a state may submit
a negative declaration for that category.
In addition, section 183(e) of the CAA directs EPA to: (1) List for
regulation
[[Page 45309]]
those categories of products that account for at least 80 percent of
the VOC emissions, on a reactivity-adjusted basis, from consumer and
commercial products in ozone nonattainment areas; and (2) divide the
list of categories to be regulated into four groups. EPA published the
initial list, following the 1990 CAA Amendments, in the Federal
Register on March 23, 1995 (60 FR 15264), and has revised the list
several times. See 71 FR 28320 (May 16, 2006), 70 FR 69759 (November
17, 2005), 64 FR 13422 (March 18, 1999), 63 FR 48792 (September 11,
1998). As authorized by CAA section 183(e)(3)(C), EPA chose to issue
CTG in lieu of regulations for each listed product category. See 73 FR
58481 (October 7, 2008) (Group IV CTG); 72 FR 57215 (October 9, 2007)
(Group III CTG); and 71 FR 58745 (October 5, 2006) (Group II CTG).
B. Regulatory Schedule for Implementing CTG
CTG categories that were established in 1978 ultimately were
required to be adopted by the states by 1990 (see schedule below for
details). CAA section 182(b)(2) provides that a CTG issued after 1990
must specify the date by which a state must submit a SIP revision in
response to the CTG. States were required to have the pre-1990 CAA CTG
categories and post-1990 CAA CTG categories for applicable areas
addressed in their SIPs according to the following schedule:
----------------------------------------------------------------------------------------------------------------
Group Federal Register published SIP due
----------------------------------------------------------------------------------------------------------------
I....................... Pre-1990 CAA Amendment CTG. As Pre-CAA Amendment CTG. The first 25 CTG categories
of January 1978 the first 15 were due to be adopted by the states by 1980. EPA
CTG categories were initially approved most of these rules into the
established. Ten additional CTG state SIPs. Subsequently, EPA reviewed these state
categories were issued in 1978 rules to see if they were technically adequate and
(1 of those (vegetable oil) was if they met national standards for national
rescinded). consistency. Based on this review, EPA issued the
RACT fix-ups in 1987 (See general preamble (57 FR
13498, April 16, 1992)). In 1988, EPA published a
technical document to address technical
inadequacies found in these state adopted rules and
to address minimum standards of national
consistency. States were required to adopt revised
rules by 1990. Congress established CTG statutory
requirements in the 1990 CAA Amendments.
Outstanding CTG requirements were due in 1992 (CAA
Section 182(b)(2)(C)).
Post-1990 CAA Amendment CTG. The September 15, 2006 (40 CFR 51.912, RACT SIPs due for
group of CTG established in 60 the 1997 8-hour ozone NAAQS).
FR 15264, March 23, 1995, were
broken into subsets called
``Group I, II, III and IV''
(some of these CTG are updates
of previously established CTG)).
II...................... 71 FR 58745, October 5, 2006.... October 5, 2007.
III..................... 72 FR 57215, October 9, 2007.... October 9, 2008.
IV...................... 73 FR 58481, October 7, 2008.... October 7, 2009.
----------------------------------------------------------------------------------------------------------------
II. Analysis of the State's Submittals
On November 13, 1992, October 21, 2009, and March 19, 2012, GA EPD
submitted final SIP revisions to EPA for review and approval into the
Georgia SIP. On July 19, 2012, GA EPD submitted a draft SIP revision to
EPA for review and approval through parallel process. In the
alternative to proposing approval of Georgia's July 19, 2012, draft SIP
revision, EPA is proposing to conditionally approve Georgia's July 19,
2012, SIP revisions. These four SIP revisions comprehensively address
all of the remaining CTG related requirements for the Atlanta Area \3\
and revise Georgia's rules to address the VOC and NOX RACT
provisions for major sources.
---------------------------------------------------------------------------
\3\ Georgia met some of the Group I CTG requirements through SIP
revisions submitted to EPA prior to November 13, 1992.
---------------------------------------------------------------------------
Georgia's SIP revisions include changes made by the State of
Georgia to its Air Quality Rules, found at Chapter 391-3-1, and include
revisions to GA EPD's VOC and NOX rules, including its VOC
and NOX RACT requirements. Georgia's VOC and NOX
rules for the Atlanta Area are being approved, as they are consistent
with the CAA, and EPA VOC and NOX RACT guidance including
CTG guidance. A brief description of the rule changes that GA EPD
submitted and that EPA is approving through this action is provided
below.
A. Summary of the November 13, 1992, SIP Submittal
On November 13, 1992, the State of Georgia submitted a SIP revision
to clarify compliance options and specify solids equivalent limits for
certain CTG source categories in order to meet EPA requirements. This
revision was originally submitted to address the 1-hour ozone
nonattainment area requirements. EPA is now proposing to approve the
revisions included as part of the November 13, 1992, SIP revision. A
portion of the November 13, 1992, SIP revision was previously acted on
in a Federal Register notice dated March 8, 1995 (60 FR 12688). A
portion of the November 13, 1992, SIP revision was withdrawn. Rule 391-
3-1-.02(2)(tt) and Rule 391-3-1-.02(2)(yy) were originally submitted in
the November 13, 1992, submittal but GA EPD submitted a December 22,
1997, letter and a subsequent February 27, 2012, letter clarifying that
GA EPD withdrew Rule 391-3-1-.02(2)(tt) and Rule 391-3-1-.02(2)(yy)
from the November 13, 1992, submittal. The following remaining rule
changes from the 1992 SIP revision, supplemented by the October 21,
2009, SIP revisions, are being approved in today's rulemaking, and
address the Group I CTG related to certain surface coating methods. See
section B of this rulemaking for a summary of the October 21, 2009, SIP
revisions. Specifically, Georgia's Rule 391-3-1-.02(2)(u) addresses the
control of VOC emissions from can coating operations located in the
Atlanta Area; Rule 391-3-1-.02(2)(v) addresses the control of VOC
emissions from coil coating operations located in the Atlanta Area;
Rule 391-3-1-.02(2)(x) addresses the control of VOC emissions from
fabric and vinyl coating operations located in the Atlanta Area; and
Rule 391-3-1-.02(2)(aa) addresses the control of VOC emissions from
wire coating operations located in the Atlanta Area.
Additionally, there were five other rules, intended to address
Group I CTG related to additional surface coating methods, flat wood
paneling and graphic arts systems, included in the November 13, 1992,
SIP revision. Specifically, Georgia's Rule 391-3-1-
[[Page 45310]]
.02(2)(w) addresses the control of VOC emissions from paper coating
operations located in the Atlanta Area; Rule 391-3-1-.02(2)(y)
addresses the control of VOC emissions from metal furniture coating
operations located in the Atlanta Area; Rule 391-3-1-.02(2)(z)
addresses the control of VOC emissions from large appliance surface
coating operations located in the Atlanta Area; Rule 391-3-1-.02(2)(jj)
addresses the control of VOC emissions from flat wood paneling
operations located in the Atlanta Area; and Rule 391-3-1-.02(2)(mm)
addresses the control of VOC emissions from graphic arts systems
operations located in the Atlanta Area. On March 19, 2012, Georgia
updated rules 391-3-1-.02(2)(w), 391-3-1-.02(2)(y), 391-3-1-.02(2)(z),
391-3-1-.02(2)(jj), and 391-3-1-.02(2)(mm). Today, EPA is proposing to
take action on the versions of these rules that were submitted in the
March 19, 2012, SIP revision. See Section C for a summary of the March
19, 2012, SIP revision.
B. Summary of the October 21, 2009, SIP Submittals
Georgia submitted three SIP revisions dated October 21, 2009.
``October 21, 2009, Submittal A'' consists of the Atlanta
Area Attainment Demonstration SIP, the Atlanta Area RACT SIP and the
Atlanta Area Reasonable Further Progress SIP. Today's action only
addresses the Atlanta Area RACT SIP portion of October 21, 2009,
Submittal A. The RACT SIP portion states ``A majority of VOC provisions
in Georgia Rule 391-3-1-.02(2) apply statewide based on county-specific
VOC emission thresholds. The applicability of the VOC provisions that
do not apply statewide have been extended to the additional 7 counties
that make up the metro Atlanta non-attainment area. In addition, these
VOC provisions apply year-round. The applicable NOX rules
already applied to the 7 additional counties and no change is being
implemented at this time and they apply May 1 through September 31.''
The submittal then provides a comprehensive list of regulations that
were originally submitted November 13, 1992.
``October 21, 2009, Submittal B'' includes rule revisions
that apply to the Atlanta Area, with state effective dates of June 8,
2008. It includes changes to 12 RACT rules including: (1) six VOC CTG
RACT rules; (2) two VOC RACT rules; (3) two NOX RACT rules;
(4) a rule for VOC emissions from major sources; and (5) a rule for
NOX emissions from major sources.
``October 21, 2009, Submittal C'' includes rule revisions
that apply to the Atlanta Area, with state effective dates of April 12,
2009. It includes changes to eight RACT rules including: (1) Four VOC
CTG RACT rules; (2) two VOC RACT rules; and (3) two NOX RACT
rules. This submittal revises seven of the rules contained in the
``October 21, 2009, Submittal B'' SIP revision.
As mentioned above in section II.A., of this rulemaking, the
following rule changes from Georgia's November 1992 SIP revision, as
supplemented by the October 21, 2009, SIP revisions, addressed Group I
CTG: Rule 391-3-1-.02(2)(u), Rule 391-3-1-.02(2)(v), Rule 391-3-
1-.02(2)(w), Rule 391-3-1-.02(2)(x), Rule 391-3-1-.02(2)(y), Rule 391-
3-1-.02(2)(z), Rule 391-3-1-.02(2)(aa), Rule 391-3-1-.02(2)(jj) and
Rule 391-3-1-.02(2)(mm). The October 21, 2009, Submittal B SIP revision
also included Rule 391-3-1-.02(2)(pp), Rule 391-3-1-.02(2)(rr), Rule
391-3-1-.02(2)(ss), Rule 391-3-1-.02(2)(tt), Rule 391-3-1-.02(2)(vv),
Rule 391-3-1-.02(2)(yy), Rule 391-3-1-.02(2)(ccc), Rule 391-3-
1-.02(2)(ddd), Rule 391-3-1-.02(2)(eee), Rule 391-3-1-.02(2)(hhh), Rule
391-3-1-.02(2)(lll) and Rule 391-3-1-.02(2)(rrr). The state effective
date of these rule revisions was June 8, 2008. The October 21, 2009,
Submittal C SIP revision subsequently revised Rule 391-3-1-.02(2)(vv),
Rule 391-3-1-.02(2)(ccc), Rule 391-3-1-.02(2)(ddd), Rule 391-3-
1-.02(2)(eee), Rule 391-3-1-.02(2)(hhh), Rule 391-3-1-.02(2)(lll) and
Rule 391-3-1-.02(2)(rrr) with a state effective date of April 12, 2009.
In addition, the October 21, 2009, Submittal C SIP revision revised
Rule 391-3-1-.02(2)(kkk). On March 19, 2012, Georgia later updated Rule
391-3-1-.02(2)(w), Rule 391-3-1-.02(2)(y) and Rule 391-3-1-.02(2)(z) to
incorporate the requirements of CAA Section 182(b)(2)(A) for the Group
III CTG. On March 19, 2012, Georgia also updated Rule 391-3-
1-.02(2)(jj), Rule 391-3-1-.02(2)(mm) and Rule 391-3-1-.02(2)(ddd) to
incorporate the requirements of CAA Section 182(b)(2)(A) for the Group
II CTG. Today, EPA is proposing to take action on the version of this
rule that was submitted in the March 19, 2012, SIP revision. See
section C of this rulemaking for a summary of the March 19, 2012, SIP
revision.
C. Summary of the March 19, 2012, SIP Submittal
Georgia's March 19, 2012, SIP revision applies to the 20 county
Atlanta Area. EPA is proposing to approve the March 19, 2012, SIP
revision in its entirety. The rule additions and amendments included in
the March 19, 2012, SIP revision are listed below and grouped by
pertinent CTG:
Rule 391-3-1-.01 ``Definitions''
Rule 391-3-1-.02(2)(a)6 ``General Provisions, VOC Emission
Standards, Exemptions, Area Designations, Compliance Schedules and
Compliance Determinations''
Group II CTG (71 FR 58745, October 5, 2006)
--Rule 391-3-1-.02(2)(jj) ``VOC Emissions from Surface Coating of Flat
Wood Paneling''
--Rule 391-3-1-.02(2)(mm) ``VOC Emissions from Graphic Arts Systems''
--Rule 391-3-1-.02(2)(ddd) ``Volatile Organic Compound Emissions from
Offset Lithography and Letterpress''
--Rule 391-3-1-.02(2)(aaaa) ``Industrial Cleaning Solvents''
Group III CTG (72 FR 57215, October 9, 2007)
--Rule 391-3-1-.02(2)(w) ``VOC Emissions from Paper Coating''
--Rule 391-3-1-.02(2)(y) ``VOC Emissions from Metal Furniture Coating''
--Rule 391-3-1-.02(2)(z) ``VOC Emissions from Large Appliance Surface
Coating''
Group IV CTG (73 FR 58481, October 7, 2008)
--Rule 391-3-1-.02(2)(t) ``VOC Emissions from Automobile and Light-Duty
Truck Manufacturing''
--Rule 391-3-1-.02(2)(ii) ``VOC Emissions from Surface Coating of
Miscellaneous Metal Parts and Products''
--Rule 391-3-1-.02(2)(vvv) ``VOC Emissions from Surface Coating of
Miscellaneous Plastic Parts and Products''
--Rule 391-3-1-.02(2)(yyy) ``VOC Emissions from the Use of
Miscellaneous Industrial Adhesives''
--Rule 391-3-1-.02(2)(zzz) ``VOC Emissions from the Fiberglass Boat
Manufacturing'' including a negative declaration regarding the Pleasure
Craft Coating Operations emission standard contained in the Group IV
CTG
For each of the above March 19, 2012, SIP revision CTG related rule
additions or changes, the SIP revision contains:
New emission standards and/or work practice standards
consistent with those in the new or revised CTG. Where existing
emission limits were more stringent than the CTG, GA EPD maintained the
existing provisions from the previous CTG. For Pleasure Craft Coating
Operations, Georgia submitted a negative declaration, affirming that
there are no sources applying coatings to pleasure craft in the Atlanta
Area;
[[Page 45311]]
New and revised definitions consistent with those in the
CTG;
A schedule for submitting permit applications, completing
construction, and full compliance for any modifications necessary for a
facility to comply with the new requirements; and
Modifications to the applicability requirements clarifying
which standards remain in effect until January 1, 2015, which standards
become applicable on January 1, 2015, and what requirements are
applicable after January 1, 2015.
D. Summary of the July 19, 2012, Draft SIP Submittal
On July 19, 2012, GA EPD submitted a draft SIP revision, for
parallel processing, to apply the appropriate thresholds and
applicability for certain CTG categories and RACT requirements for the
7 counties that were not a part of the original 1-hour ozone
nonattainment area for Atlanta. In order to ensure that EPA can timely
\4\ take final action on today's proposed approval, EPA is proposing
alternative actions with regard to the July 19, 2012, draft SIP
revision. Because that revision was submitted in draft form, for
parallel processing, EPA is today both proposing to approve the
revision and alternatively, proposing to conditionally approve the
revision based on Georgia's commitment to provide EPA with a revision
within one year of final action on the conditional approval. Should EPA
timely receive from Georgia the final version of the draft July 19,
2012, SIP revision, EPA will take final action to approve that
revision. If, however, Georgia is unable to timely provide EPA with the
final SIP revision, EPA will take final action on the conditional
approval being proposed today. In either situation, EPA intends to take
final action on the RACT SIP revisions provided by Georgia for the
Atlanta Area.
---------------------------------------------------------------------------
\4\ On January 16, 2012, EPA was sued in federal court for
failure to take action on certain Georgia SIP revisions, including
certain revisions regarding RACT requirements for the Atlanta Area.
EPA intends to take action on the pertinent RACT related submittals
by September 14, 2012.
---------------------------------------------------------------------------
Specifically, in the July 19, 2012, draft SIP revision, GA EPD
revised Rule 391-3-1-.02(2)(a)(6) addressing the applicability
thresholds for Barrow, Bartow, Carroll, Hall, Newton, Spalding and
Walton Counties for the following CTG categories and RACT requirements:
Rule 391-3-1-.02(2)(u) VOC Emissions from Can Coating;
Rule 391-3-1-.02(2)(v) VOC Emissions from Coil Coating;
Rule 391-3-1-.02(2)(x) VOC Emissions from Fabric and Vinyl
Coating;
Rule 391-3-1-.02(2)(aa) VOC Emissions from Wire Coating;
Rule 391-3-1-.02(2)(bb) Petroleum Liquid Storage;
Rule 391-3-1-.02(2)(cc) Bulk Gasoline Terminals;
Rule 391-3-1-.02(2)(dd) Cutback Asphalt;
Rule 391-3-1-.02(2)(ee) Petroleum Refinery;
Rule 391-3-1-.02(2)(ff) Solvent Metal Cleaning;
Rule 391-3-1-.02(2)(hh) Petroleum Refinery Equipment
Leaks;
Rule 391-3-1-.02(2)(kk) VOC Emissions from Synthesized
Pharmaceutical Manufacturing;
Rule 391-3-1-.02(2)(ll) VOC Emissions from the Manufacture
of Pneumatic Rubber Tires;
Rule 391-3-1-.02(2)(nn) VOC Emissions from External
Floating Roof Tanks;
Rule 391-3-1-.02(2)(qq) VOC Emissions from Large Petroleum
Dry Cleaners;
The July 19, 2012, draft SIP revision, also included a revision to
Rule 391-3-1-.02(2)(kkk) VOC Emissions from Aerospace Manufacturing and
Rework Facilities which addresses the applicability thresholds for
Barrow, Bartow, Carroll, Hall, Newton, Spalding and Walton Counties.
As mentioned above, on July 19, 2012, the State of Georgia, through
GA EPD, submitted a request for parallel processing of a draft SIP
revision that the State is taking through public comment. GA EPD
requested parallel processing so that EPA could begin to take action on
its draft SIP revision in advance of the State's submission of the
final SIP revision. Consistent with EPA regulations found at 40 CFR
Part 51, Appendix V, section 2.3.1, for purposes of expediting review
of a SIP submittal, parallel processing allows a state to submit a plan
to EPA prior to actual adoption by the state. Generally, the state
submits a copy of the proposed regulation or other revisions to EPA
before conducting its public hearing. EPA reviews this proposed state
action, and prepares a notice of proposed rulemaking. EPA's notice of
proposed rulemaking is published in the Federal Register during the
same time frame that the state is holding its public process. The state
and EPA then provide for concurrent public comment periods on both the
state action and federal action.
If the revision that is finally adopted and submitted by the State
is changed in aspects other than those identified in the proposed
rulemaking on the parallel process submission, EPA will evaluate those
changes and if necessary and appropriate, issue another notice of
proposed rulemaking. The final rulemaking action by EPA will occur only
after the SIP revision has been adopted by the State and submitted
formally to EPA for incorporation into the SIP. As stated above, the
final rulemaking action by EPA will occur only after the SIP revision
has been: (1) Adopted by Georgia, (2) submitted formally to EPA for
incorporation into the SIP; and (3) evaluated by EPA, including any
changes made by the State after the July 19, 2012, draft SIP revision
is submitted to EPA.
As explained earlier, in the alternative, EPA is also proposing
conditional approval of Georgia's July 19, 2012, draft SIP revision, in
order to ensure that EPA can take timely action to act on Georgia's
RACT related revisions for the Atlanta Area. On July 19, 2012, Georgia
submitted a commitment letter to provide EPA a SIP revision to address
the appropriate thresholds and applicability for certain CTG categories
and RACT requirements (listed above) for the 7 counties that are in the
Atlanta Area but were not a part of the original 1-hour ozone
nonattainment area for Atlanta. Georgia requested conditional approval
of the CTG categories and RACT requirements until such time (within a
year) that the State could submit a SIP revision to fully address these
requirements. The State requested conditional approval in coordination
with the July 19, 2012, draft SIP revision that the State has out for
public comment, and requested conditional approval in the event that
EPA had to take action on the CTG and RACT requirements for Georgia in
advance of receipt of a final submission. A copy of Georgia's
commitment letter is provided in the docket at EPA-R04-OAR-2012-0448
for today's proposed rulemaking.
E. List of Rules Being Approved Into the SIP
Below summarizes the specifics of each rule being proposed for
approval in today's action.
a. Definitions and CTG Related Rules
1. Rule 391-3-1-.01, ``Definitions''
Revisions to this rule were state effective June 8, 2008, and
submitted to EPA on June 25, 2008, for SIP approval. EPA approved the
June 25, 2008, revisions into the SIP on June 11, 2009 (74 FR 27713).
Subsequently, this rule was revised on March 7, 2012, to update the
definition of Georgia Department of Natural Resources ``Procedures for
Testing and Monitoring Sources of Air Pollutants,'' (PTM) to reference
the most
[[Page 45312]]
recent, October 11, 2011, version of the PTM. It was submitted for SIP
approval on March 19, 2012, and EPA is proposing to approve into the
SIP the March 19, 2012, version of Rule 391-3-1-.01, ``Definitions.''
2. Rule 391-3-1-.02(2)(a)6, ``General Provisions, VOC Emission
Standards, Exemptions, Area Designations, Compliance Schedules and
Compliance Determinations''
VOC emission standards are required for all CTG source category
sources in the 20 county Atlanta Area. Revisions to this rule were
state effective June 8, 2008, and submitted to EPA on June 25, 2008,
for SIP approval. EPA approved the June 25, 2008, revisions into the
SIP on June, 11, 2009 (74 FR 27713). Subsequently, on March 7, 2012,
Georgia updated the applicability requirements regarding these sources.
The March 7, 2012, changes were submitted to EPA on March 19, 2012, for
SIP approval. These changes remove the reference to Rules 391-3-
1-.02(2)(t), (w), (y), (z), (ii), (jj), and (mm) from the applicability
provisions in subparagraphs 391-3-1-.02(2)(a)6(i)(I). Georgia updated
its applicability requirements again and submitted a draft SIP revision
on July 19, 2012. These changes expanded the applicability to the
entire 20 county Atlanta Area for Rules 391-3-1-.02(2)(u), (v), (x),
(aa), (bb), (cc), (dd), (ee), (ff), (hh), (kk), (ll), (nn) and (qq).
EPA is proposing to approve into the SIP the March 19, 2012,
version of Rule 391-3-1-.02(2)(a)6, ``General Provisions, VOC Emission
Standards, Exemptions, Area Designations, Compliance Schedules and
Compliance Determinations.'' EPA is also proposing to approve Georgia's
rule changes submitted on July 19, 2012, for parallel processing. In
the alternative to proposing approval of Georgia's July 19, 2012, draft
SIP revision, EPA is proposing to conditionally approve Georgia's July
19, 2012, SIP revisions.
3. Rule 391-3-1-.02(2)(t) ``VOC Emissions From Automobile and Light-
Duty Truck Manufacturing''
In May 1977, EPA issued a CTG document (1977 CTG) for controlling
VOC emissions from surface coating of automobiles and light-duty
trucks. On October 7, 2008 (73 FR 58481), EPA updated the 1977 CTG, as
part of Group IV CTG, addressing the control of VOC emissions from
automobile and light-duty truck manufacturing. On January 3, 1991,
April 3, 1991, and September 30, 1991, GA EPD corrected VOC RACT
deficiencies for a number of rules including Rule 391-3-1-.02(2)(t)
``VOC Emissions from Automobile and Light-Duty Truck Manufacturing.''
EPA approved these 1991 revisions into the SIP on October 13, 1992 (57
FR 46780). Subsequent revisions made to GA EPD's VOC Emissions from
Automobile and Light-Duty Truck Manufacturing rule were state effective
on December 20, 1994, and submitted to EPA for SIP approval. EPA
approved this 1994 rule into the SIP on February 2, 1996. See 61 FR
3817).
Revisions to the rule were then made to address this CTG source
category for the entire 20 county Atlanta Area and made state effective
on March 7, 2012. GA EPD submitted the March 7, 2012, revisions to EPA
on March 19, 2012. EPA has reviewed Georgia's revised rule and
preliminarily determined that Georgia's rule is consistent with the
Group IV CTG for VOC emissions from automobile and light-duty truck
manufacturing. EPA is therefore proposing to approve Georgia's rule,
submitted on March 19, 2012, regarding VOC emissions from automobile
and light-duty truck manufacturing.
4. Rule 391-3-1-.02(2)(u) ``VOC Emissions From Can Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from can coating operations. On January 3, 1991, April 3,
1991, and September 30, 1991, GA EPD corrected VOC RACT deficiencies
for a number of rules including Rule 391-3-1-.02(2)(u) ``VOC Emissions
from Can Coating.'' EPA approved these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). On November 13, 1992, GA EPD submitted
a SIP revision to address this CTG source category for the 13 county
Atlanta 1-hour ozone nonattainment area. Subsequently, through the
October 21, 2009, ``Submittal A'' SIP revision, and the draft July 19,
2012, SIP revision the applicability of these rules was extended to
include the 20 county Atlanta Area.\5\ The July 19, 2012, SIP revision
revised Rule 391-3-1-.02(2)(a)(6) ``General Provisions, VOC Emission
Standards, Exemptions, Area Designations, Compliance Schedules and
Compliance Determinations'' which affected the applicability for Rule
391-3-1-.02(2)(u) ``VOC Emissions from Can Coating.''
---------------------------------------------------------------------------
\5\ Under Section 107(d)(1)(C) of the CAA, each ozone area
designated nonattainment for the 1-hour ozone NAAQS prior to the
enactment of the 1990 CAA Amendments, such as the Atlanta Area, was
designated by operation of law upon the 1990 CAA Amendments. Under
Section 181(a) of the CAA, each ozone area designated under section
107(d) was also classified by operation of law as ``marginal,''
``moderate,'' ``serious,'' ``severe,'' or ``extreme,'' depending on
the severity of the area's air quality problem. The original Atlanta
1-hour severe ozone nonattainment area, (See 56 FR 56694, November
6, 1991), consisted of the 13 counties of Cherokee, Clayton, Cobb,
Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Paulding and Rockdale. When the Atlanta Area was designated
nonattainment for the 1997 8-hour ozone NAAQS, the Area included the
previous 1-hour area counties, and an additional seven counties to
make the 20 county Atlanta Area.
---------------------------------------------------------------------------
The purpose of Georgia's rule is to control VOC emissions from can
coating operations located in the Atlanta Area. GA EPD's Rule 391-3-
1-.02(2)(u) ``VOC Emissions from Can Coating'' was changed to clarify
compliance options and to specify solids equivalent limits to be used
as a compliance option. EPA has reviewed Georgia's rule changes,
submitted on November 13, 1992, and in the October 21, 2009, Submittal
A SIP revision and has preliminarily determined that these changes are
consistent with EPA RACT guidance and EPA's CTG for Can Coatings, and
these changes are therefore proposed for approval. EPA is also
proposing to approve Georgia's rule changes submitted on July 19, 2012,
for parallel processing and in alternative, proposing conditional
approval of Georgia's July 19, 2012, draft SIP revision.
5. Rule 391-3-1-.02(2)(v) ``VOC Emissions From Coil Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from coil coating operations. On January 3, 1991, April 3,
1991, and September 30, 1991, GA EPD corrected VOC RACT deficiencies
for a number of rules including Rule 391-3-1-.02(2)(v) ``VOC Emissions
from Coil Coating.'' EPA approved these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). On November 13, 1992, GA EPD submitted
a SIP revision to address this CTG source category for the 13 county
Atlanta 1-hour ozone nonattainment area. Subsequently, through the
October 21, 2009, Submittal A SIP revision, and the draft July 19,
2012, SIP revision the applicability of these rules was extended to
include the current 20 county 1997 8-hour Atlanta ozone nonattainment
area. The July 19, 2012, SIP revision revised Rule 391-3-1-.02(2)(a)(6)
``General Provisions, VOC Emission Standards, Exemptions, Area
Designations, Compliance Schedules and Compliance Determinations''
which affected the applicability for Rule 391-3-1-.02(2)(v) ``VOC
Emissions from Coil Coating.''
The purpose of Georgia's rule is to control VOC emissions from coil
coating operations located in the Atlanta Area. It was changed to
clarify compliance options and to specify solids equivalent limits to
be used as a compliance option. EPA has reviewed Georgia's rule
changes, submitted on November 13,
[[Page 45313]]
1992, and in the October 21, 2009, Submittal A SIP revision and has
preliminarily determined that these changes are consistent with EPA
RACT guidance and EPA's CTG for Coil Coatings, and these changes are
therefore proposed for approval. EPA is also proposing to approve
Georgia's rule changes submitted on July 19, 2012, for parallel
processing. In the alternative, EPA is proposing to conditionally
approve of Georgia's July 19, 2012, draft SIP revision.
6. Rule 391-3-1-.02(2)(w) ``VOC Emissions From Paper Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from paper coating operations. On October 9, 2007 (73 FR
57215), EPA updated the 1977 CTG, as part of Group III CTG, addressing
the control of VOC emissions from paper, film and foil coating
operations. On January 3, 1991, April 3, 1991, and September 30, 1991,
GA EPD corrected VOC RACT deficiencies for a number of rules including
Rule 391-3-1-.02(2)(w) ``VOC Emissions from Paper Coating.'' EPA
approved these 1991 revisions into the SIP on October 13, 1992 (57 FR
46780). Subsequent changes to this rule became state effective on
September 16, 1992, and were submitted to EPA for SIP approval on
November 13, 1992. At the time it was submitted it applied to the 13
counties in the 1-hour ozone nonattainment area. Through the October
21, 2009, Submittal A SIP revision, the applicability of these rules
was extended to include the current 20 county Atlanta Area. The Georgia
rule was changed again on March 7, 2012, to be consistent with EPA
Group III CTG established October 9, 2007 (72 FR 57215), and submitted
to EPA for SIP approval on March 19, 2012.
The purpose of this rule is to control VOC emissions from paper
coating operations located in the Atlanta Area. It was changed to
clarify compliance options and to specify solids equivalent limits to
be used as a compliance option. Please see pages A-22 through A-25 of
the March 19, 2012, submittal for the specific changes made to this
rule. The Georgia submittal can be found in the docket at ``EPA-R04-
OAR-2012-0448'' for today's rulemaking. EPA has reviewed Georgia's rule
changes, which became state effective on March 7, 2012, and has
preliminarily determined that these changes are consistent with EPA
RACT guidance and Group III CTG for VOC emissions for Paper, Film and
Foil Coatings, and these changes are therefore proposed for approval.
7. Rule 391-3-1-.02(2)(x) ``VOC Emissions From Fabric and Vinyl
Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from fabric and vinyl coating operations. On January 3, 1991,
April 3, 1991, and September 30, 1991, GA EPD corrected VOC RACT
deficiencies for a number of rules including Rule 391-3-1-.02(2)(x)
``VOC Emissions from Fabric and Vinyl Coating.'' EPA approved these
1991 revisions into the SIP on October 13, 1992 (57 FR 46780). On
November 13, 1992, GA EPD submitted a SIP revision to address this CTG
source category for the 13 county Atlanta 1-hour ozone nonattainment
area. Subsequently, through the October 21, 2009, Submittal A SIP
revision, and the draft July 19, 2012, SIP revision, the applicability
of Georgia's rule was extended to include the 20 county Atlanta Area.
The July 19, 2012, SIP revision revised Rule 391-3-1-.02(2)(a)(6)
``General Provisions, VOC Emission Standards, Exemptions, Area
Designations, Compliance Schedules and Compliance Determinations''
which affected the applicability for Rule 391-3-1-.02(2)(x) ``VOC
Emissions from Fabric and Vinyl Coating.''
The purpose of this rule is to control VOC emissions from fabric
and vinyl coating operations located in the Atlanta Area. It was
changed to clarify compliance options and to specify solids equivalent
limits to be used as a compliance option. EPA has reviewed Georgia's
rule changes, and has preliminarily determined that these changes,
submitted on November 13, 1992, and in the October 21, 2009, Submittal
A SIP revision, are consistent with EPA RACT guidance and EPA's CTG for
fabric and vinyl coatings, and these changes are therefore proposed for
approval. EPA is also proposing to approve Georgia's rule changes
submitted on July 19, 2012, for parallel processing and in the
alternative, proposing conditional approval of Georgia's July 19, 2012,
draft SIP revision.
8. Rule 391-3-1-.02(2)(y) ``VOC Emissions From Metal Furniture
Coating''
In June 1978, EPA established a CTG addressing the control of VOC
emissions from Metal Furniture Coating. On October 9, 2007 (73 FR
57215), EPA updated the 1978 CTG, as part of Group III CTG, addressing
control of VOC emissions from metal furniture coating operations.
On January 3, 1991, April 3, 1991, and September 30, 1991, GA EPD
corrected VOC RACT deficiencies for a number of rules including Rule
391-3-1-.02(2)(y) ``VOC Emissions from Metal Furniture Coating.'' EPA
approved these 1991 revisions into the SIP on October 13, 1992 (57 FR
46780). Subsequent revisions to this rule became state effective on
September 16, 1992, and were submitted to EPA for SIP approval on
November 13, 1992. At the time it was submitted it applied to the 13
counties in the Atlanta 1-hour ozone nonattainment area. Through the
October 21, 2009, Submittal A SIP revision, the applicability of these
rules was extended to include the 20 county Atlanta Area. The Georgia
rule was changed again on March 7, 2012, to be consistent with EPA
Group III CTG established October 9, 2007, (72 FR 57215) and submitted
to EPA for SIP approval on March 19, 2012.
The purpose of this rule is to control VOC emissions from metal
furniture coating operations located in the Atlanta Area. It was
revised to clarify compliance options and to specify solids equivalent
limits to be used as a compliance option. Please see pages A-25 through
A-30 of the March 19, 2012, submittal for the specific changes made to
this rule. The Georgia submittal can be found in the docket at ``EPA-
R04-OAR-2012-0448'' for today's rulemaking. EPA has reviewed Georgia's
rule changes, submitted on March 19, 2012, and has preliminarily
determined that these changes are consistent with EPA RACT guidance and
Group III CTG VOC emissions for metal furniture coatings, and these
changes are therefore proposed for approval.
9. Rule 391-3-1-.02(2)(z) ``VOC Emissions From Large Appliance Surface
Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from large appliance surface coating operations. On October
9, 2007 (73 FR 57215), EPA updated the 1977 CTG, as part of Group III
CTG, addressing the control of VOC emissions from large appliance
surface coating operations.
On January 3, 1991, April 3, 1991, and September 30, 1991, GA EPD
corrected VOC RACT deficiencies for a number of rules including Rule
391-3-1-.02(2)(z) ``VOC Emissions from Large Appliance Surface
Coating.'' EPA approved these 1991 revisions into the SIP on October
13, 1992 (57 FR 46780). Subsequent revisions to this rule became state
effective on September 16, 1992, and were submitted to EPA for SIP
approval on November 13, 1992. At the time it was submitted it applied
to the 13 counties in the Atlanta 1-hour ozone nonattainment area.
Subsequently,
[[Page 45314]]
through the October 21, 2009, Submittal A, SIP revision, the
applicability of these rules was extended to include the 20 county
Atlanta Area. The Georgia rule was revised again on March 7, 2012, to
be consistent with EPA Group III CTG established October 9, 2007, (see
72 FR 57215) and submitted to EPA for SIP approval on March 19, 2012.
EPA is now approving into the SIP the rule submitted to EPA on March
19, 2012.
The purpose of this rule is to control VOC emissions from large
appliance surface coating operations located in the Atlanta Area. It
was changed to clarify compliance options and to specify solids
equivalent limits to be used as a compliance option. Please see pages
A-30 through A-35 of the March 19, 2012, submittal for the specific
changes made to this rule. The Georgia submittal can be found in the
docket at ``EPA-R04-OAR-2012-0448'' for today's rulemaking. EPA has
reviewed Georgia's rule changes in the March 19, 2012, submittal and
has preliminarily determined that these changes are consistent with EPA
RACT guidance and Group III CTG for VOC emissions for large appliance
coatings, and these changes are therefore proposed for approval.
10. Rule 391-3-1-.02(2)(aa) ``VOC Emissions From Wire Coating''
In May 1977, EPA established a CTG addressing the control of VOC
emissions from magnet wire coating operations. On January 3, 1991,
April 3, 1991, and September 30, 1991, GA EPD corrected VOC RACT
deficiencies for a number of rules including Rule 391-3-1-.02(2)(aa)
``VOC Emissions from Wire Coating.'' EPA approved these 1991 revisions
into the SIP on October 13, 1992 (57 FR 46780). On November 13, 1992,
GA EPD submitted a SIP revision to address this CTG source category for
the 13 county Atlanta 1-hour ozone nonattainment area. Subsequently,
through the October 21, 2009, Submittal A SIP revision, and the draft
July 19, 2012, SIP revision, the applicability of these rules was
extended to include the 20 county Atlanta Area. The July 19, 2012, SIP
revision revised Rule 391-3-1-.02(2)(a)(6) ``General Provisions, VOC
Emission Standards, Exemptions, Area Designations, Compliance Schedules
and Compliance Determinations'' which affected the applicability for
Rule 391-3-1-.02(2)(aa) ``VOC Emissions from Wire Coating.''
The purpose of Georgia's rule is to control VOC emissions from wire
coating operations located in the Atlanta Area. It was changed to
clarify compliance options and to specify solids equivalent limits to
be used as a compliance option. EPA has reviewed Georgia's rule
changes, submitted on November 13, 1992, and in the October 21, 2009,
Submittal A SIP revision and has preliminarily determined that these
changes are consistent with EPA RACT guidance and EPA's CTG for wire
coatings, and these changes are therefore proposed for approval. EPA is
also proposing to approve Georgia's rule changes submitted on July 19,
2012, for parallel processing. In the alternative, EPA is proposing to
conditionally approve of Georgia's July 19, 2012, draft SIP revision.
11. Rule 391-3-1-.02(2)(ii) ``VOC Emissions From Surface Coating of
Miscellaneous Metal Parts and Products''
In June 1978, EPA issued a CTG document to address the control of
VOC emissions from surface coating of Miscellaneous Metal Parts and
Products. On October 7, 2008 (73 FR 58481), EPA updated the 1978 CTG,
as part of Group IV CTG, addressing the control of VOC emissions from
surface coating of miscellaneous metal parts and products.
On January 3, 1991, April 3, 1991, and September 30, 1991, GA EPD
corrected VOC RACT deficiencies for a number of rules including Rule
391-3-1-.02(2)(ii) ``VOC Emissions from Surface Coating of
Miscellaneous Metal Parts and Products.'' EPA approved these 1991
revisions into the SIP on October 13, 1992 (57 FR 46780). On October
28, 1999, GA EPD submitted to EPA a revision to Rule 391-3-1-.02(2)(ii)
``VOC Emissions from Surface Coating of Miscellaneous Metal Parts and
Products'' and EPA approved this rule on July 10, 2001 (66 FR 35906).
On March 19, 2012, GA EPD submitted another SIP revision revising Rule
391-3-1-.02(2)(ii) ``VOC Emissions from Surface Coating of
Miscellaneous Metal Parts and Products,'' to address this CTG source
category for the entire 20 county Atlanta Area.
The purpose of Georgia's rule is to control VOC emissions from
surface coating of miscellaneous metal parts and products operations
located in the Atlanta Area. It was changed to clarify compliance
options and to specify solids equivalent limits to be used as a
compliance option. The changes set emissions limits and solids
equivalent for various coating scenarios. Please see pages A-35 through
A-44 of the March 19, 2012, submittal for the specific changes made to
this rule. The Georgia submittal can be found in the docket at ``EPA-
R04-OAR-2012-0448'' for today's rulemaking. EPA has reviewed Georgia's
rule changes, submitted on March 19, 2012, and has preliminarily
determined that these changes are consistent with EPA RACT guidance and
Group IV CTG for VOC emissions for surface coating of miscellaneous
metal parts and products, and these changes are therefore proposed for
approval.
12. Rule 391-3-1-.02(2)(jj) ``VOC Emissions From Surface Coating of
Flat Wood Paneling''
In June 1978, EPA issued a CTG document to address the control of
VOC emissions from surface coating of flat wood paneling. On October 5,
2006 (71 FR 58745), EPA updated the 1978 CTG, as part of Group II CTG,
addressing the control of VOC emissions from surface coating of flat
wood paneling operations.
On January 3, 1991, April 3, 1991, and September 30, 1991, GA EPD
corrected VOC RACT deficiencies for a number of rules including Rule
391-3-1-.02(2)(jj) ``VOC Emissions from Surface Coating of Flat Wood
Paneling.'' EPA approved these 1991 revisions into the SIP on October
13, 1992 (57 FR 46780). GA EPD revised the rule again on September 16,
1992, and submitted it to EPA for SIP approval on November 13, 1992. At
the time it was submitted it applied to the 13 counties in the 1-hour
ozone nonattainment area. Subsequently, through the October 21, 2009,
Submittal A, SIP revision, the applicability of these rules was
extended to include the 20 county Atlanta Area. The Georgia rule was
changed again on March 7, 2012, to be consistent with EPA Group II CTG
established October 5, 2006 (71 FR 58745), and was submitted to EPA for
SIP approval on March 19, 2012.
The purpose of Georgia's rule is to control VOC emissions from
surface coating of flat wood paneling operations located in the Atlanta
Area. It was changed to more clearly specify compliance options that
are already approved in this section. Specifically, subparagraphs
(jjj)2.(i),(ii) and (iii) are changed to more clearly define the
compliance options. Please see pages A-44 through A-47 of the March 19,
2012, submittal for the specific changes made to this rule. The Georgia
submittal can be found in the docket at ``EPA-R04-OAR-2012-0448'' for
today's rulemaking. EPA has reviewed Georgia's rule changes, submitted
in the October 21, 2009, Submittal A, and March 19, 2012, SIP revisions
and has preliminarily determined that these changes are consistent with
EPA RACT guidance and Group II for VOC emissions for surface coating of
flat wood paneling, and these revisions are therefore proposed for
approval.
[[Page 45315]]
13. Rule 391-3-1-.02(2)(mm) ``VOC Emissions From Graphic Arts Systems''
In December 1978, EPA published a CTG for graphic arts (rotogravure
printing and flexographic printing) that included flexible packaging
printing. On October 5, 2006 (71 FR 58745), EPA updated the1978 CTG, as
part of Group II CTG, addressing the control of VOC emissions from
graphic arts systems consisting of packaging rotogravure, publication
rotogravure or flexographic printing operations.
On January 3, 1991, April 3, 1991, and September 30, 1991, GA EPD
corrected VOC RACT deficiencies for a number of rules including Rule
391-3-1-.02(2)(mm) ``VOC Emissions from Graphic Arts Systems.'' EPA
approved these 1991 revisions into the SIP on October 13, 1992 (57 FR
46780). GA EPD revised its rule again on September 16, 1992, and
submitted the revisions to EPA for SIP approval on November 13, 1992.
At the time Georgia's rule was submitted it applied to the 13 counties
in the 1-hour ozone nonattainment area. Subsequently, through the
October 21, 2009, Submittal A SIP revision, the applicability of these
rules was extended to include the 20 county Atlanta Area. The Georgia
rule was changed again on March 7, 2012, to be consistent with EPA
Group II CTG established October 5, 2006 (71 FR 58745), and submitted
to EPA for SIP approval on March 19, 2012. EPA is now proposing to
approve into the SIP the rule submitted to EPA on March 19, 2012.
The purpose of Georgia's rule is to control VOC emissions from
graphic arts operations located in the Atlanta Area. It was changed to
clarify compliance options and to specify solids equivalent limits to
be used as a compliance option. The changes also allows for a
compliance option to average a 24-hour weighted basis of VOC content,
provided the average does not exceed the limits set in this section.
Please see pages A-48 through A-52 of the March 19, 2012, submittal for
the specific changes made to this rule. The Georgia submittal can be
found in the docket at ``EPA-R04-OAR-2012-0448'' for today's
rulemaking. EPA has reviewed Georgia's rule changes, submitted on March
19, 2012, and has preliminarily determined that these changes are
consistent with EPA RACT guidance and Group II CTG for VOC emissions
for graphic arts, and these changes are therefore proposed for
approval.
14. Rule 391-3-1-.02(2)(pp) ``Bulk Gasoline Plants''
In 1977, EPA established a CTG addressing the control of VOC
emissions from bulk gasoline plants. On January 3, 1991, April 3, 1991,
and September 30, 1991, GA EPD corrected VOC RACT deficiencies for a
number of rules including Rule 391-3-1-.02(2)(pp) ``Bulk Gasoline
Plants.'' EPA approved these 1991 revisions into the SIP on October 13,
1992 (57 FR 46780). On December 31, 2004, GA EPD revised Rule 391-3-
1-.02(2)(pp) ``Bulk Gasoline Plants'' again. EPA approved these
revisions into the SIP on August 26, 2005, (70 FR 50199). GA EPD
revised its rule again on June 8, 2008, and submitted the revisions to
EPA for SIP approval in the October 21, 2009, Submittal B SIP revision.
EPA is now proposing to approve into the SIP the rule submitted to EPA
on October 21, 2009.
The purpose of Rule 391-3-1-.02(2)(pp) ``Bulk Gasoline Plants'' is
to comply with section 182 of the CAA, as it relates to the
implementation of RACT for bulk gasoline plants. The amendment extends
the requirement to all 20 counties in the Atlanta Area, by adding the
counties of Barrow, Bartow, Carroll, Hall, Newton, Spalding, and
Walton. The compliance date for the seven additional counties is June
1, 2008, to coincide with the applicability of rule 391-3-1-.02(2)(rr)
``Gasoline Dispensing Facility,'' for these counties. Additionally,
language has been added to subparagraphs 1.(i), (ii), and (iii), and a
definition for ``stationary storage tank'' has been added to
subparagraph 5.(v), to further clarify that the provisions in this
section apply to stationary storage tanks. These changes, submitted on
October 21, 2009, are being proposed for approval, as they appear to be
consistent with the federal requirements for RACT (Group I CTG) and the
CAA.
15. Rule 391-3-1-.02(2)(rr) ``Gasoline Dispensing Facility''
In 1975, EPA established a CTG addressing the control of VOC
emissions from gasoline dispensing facilities. On January 3, 1991,
April 3, 1991, and September 30, 1991, GA EPD corrected VOC RACT
deficiencies for a number of rules including Rule 391-3-1-.02(2)(rr)
``Gasoline Dispensing Facility.'' EPA approved these 1991 revisions
into the SIP on October 13, 1992 (57 FR 46780). On December 31, 2004,
GA EPD revised Rule 391-3-1-.02(2)(rr) ``Gasoline Dispensing Facility''
again. EPA approved these revisions into the SIP on August 26, 2005 (70
FR 50199). GA EPD revised its rule again on June 8, 2008, and submitted
the revisions to EPA for SIP approval in the October 21, 2009,
Submittal B SIP revision. EPA is now proposing to approve into the SIP
the rule submitted to EPA on October 21, 2009.
The purpose of Georgia's rule is to comply with section 182 of the
CAA, as it relates to the implementation of RACT for gasoline
dispensing facilities. Subparagraph (rr)1.-14. of the rule was deleted
in its entirety and replaced with a new subparagraph (rr)1.-16. to make
the rule more clearly understandable. The installation and operation of
Stage I Vapor Recovery control is equivalent to RACT for such plants.
The revisions expand the requirements of this subparagraph to include
the seven additional counties (Barrow, Bartow, Carroll, Hall, Newton,
Spalding, and Walton) that were added to the Atlanta Area, with
staggered compliance dates ranging from June 1, 2008, to May 1, 2009,
based on gallons per month of gasoline dispensed. Existing facilities
in the counties of Catoosa, Richmond and Walker also have staggered
compliance dates of May 1, 2006, or May 1, 2007, based on whether they
dispense greater than, or less than or equal to, 50,000 gallons of
gasoline per month. Any newly constructed or reconstructed facilities
would need to be in compliance with the requirements of the
subparagraph upon startup of gasoline dispensing operations.
The changes also establish the requirement that applicable gasoline
dispensing facilities implement enhanced Stage I vapor recovery systems
rather than Stage I vapor recovery systems. The revisions establish
compliance dates for the upgrade of existing Stage I vapor control
systems to enhanced vapor control systems. The amendment extends the
requirement to all 20 counties in the Atlanta Area, by adding the
counties of Barrow, Bartow, Carroll, Hall, Newton, Spalding, and
Walton. The compliance date for existing facilities in the counties of
Cherokee, Clayton, Cobb, Coweta, DeKalb, Fayette, Forsyth, Fulton,
Gwinnett, Henry, Paulding, and Rockdale to be in compliance with the
requirements of an approved enhanced Stage I gasoline vapor recovery
system is May 1, 2012, and for the counties of Catoosa, Richmond and
Walker is May 1, 2023. Any newly constructed or reconstructed
facilities would need to be in compliance with the enhanced Stage I
requirements upon startup of gasoline dispensing operations. EPA has
preliminarily determined that all of the changes and compliance dates
in this rule revision submitted in the October 21, 2009, Submittal B
SIP revision meet
[[Page 45316]]
the requirements of RACT under the CAA and the Group I CTG for ``Design
Criteria for Stage I Vapor Control Systems--Gasoline Service
Stations,'' and are therefore proposed for approval.
16. Rule 391-3-1-.02(2)(ss) ``Gasoline Transport Vehicles and Vapor
Collection Systems''
In December 1978, EPA established a CTG addressing the control of
VOC emissions from gasoline transport vehicles and vapor collection
systems. On January 3, 1991, April 3, 1991, and September 30, 1991, GA
EPD corrected VOC RACT deficiencies for a number of rules including
Rule 391-3-1-.02(2)(ss) ``Gasoline Transport Vehicles and Vapor
Collection Systems.'' EPA approved these 1991 revisions into the SIP on
October 13, 1992 (57 FR 46780). On December 31, 2004, GA EPD revised
Rule 391-3-1-.02(2)(ss) ``Gasoline Transport Vehicles and Vapor
Collection Systems'' again. EPA approved these revisions into the SIP
on August 26, 2005, (70 FR 50199). GA EPD revised its rule again on
June 8, 2008, and submitted the revisions to EPA for SIP approval in
the October 21, 2009, Submittal B SIP revision. EPA is now proposing to
approve into the SIP the rule submitted to EPA on October 21, 2009.
The purpose of this revision is to expand applicability to the
seven additional counties (Barrow, Bartow, Carroll, Hall, Newton,
Spalding, and Walton) that were added to the Atlanta Area. This will
allow the rule requirements to cover gasoline transport vehicles that
deliver gasoline to gasoline dispensing facilities in these counties.
Additionally, several administrative revisions are made to the rule to
clarify and consolidate the rule, including the addition of the term
``vapor'' to clarify that the control system is a vapor control system,
and the addition of the definition of ``gasoline.'' These changes,
submitted in the October 21, 2009, Submittal B SIP revision appear to
meet the requirements of RACT under the CAA, and the Group I CTG for
``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks
and Vapor Collection Systems,'' and are therefore proposed for
approval.
17. Rule 391-3-1-.02(2)(ddd) ``Volatile Organic Compound Emissions From
Offset Lithography and Letterpress''
On October 5, 2006 (71 FR 58745), EPA established an offset
lithography and letterpress CTG separate from the graphic arts CTG, as
part of Group II CTG, addressing the control of VOC emissions from
offset lithography and letterpress operations.
On October 28, 1999, GA EPD submitted to EPA a revision to Rule
391-3-1-.02(2)(ddd) ``Volatile Organic Compound Emissions from Offset
Lithography and Letterpress'' and EPA approved this rule on July 10,
2001 (66 FR 35906). GA EPD revised its rule again on June 8, 2008, and
submitted it to EPA for SIP approval in the October 21, 2009, Submittal
B SIP revision. The October 21, 2009, Submittal B, SIP revision updated
the list of counties to include Barrow County so the Georgia rule
applies to the entire 20 county Atlanta Area and the revision
established a compliance date of May 1, 2009, for Barrow County.
Subsequently, this rule was revised on April 12, 2009, and submitted to
EPA for SIP approval in the October 21, 2009, Submittal C SIP revision.
The October 21, Submittal C, SIP revision revised the compliance date
to March 1, 2009. Subsequently, this rule was revised again on March 7,
2012, to be consistent with EPA Group II CTG established, October 5,
2006 (71 FR 58745), for the Atlanta Area and submitted to EPA for SIP
approval on March 19, 2012. EPA is now proposing to approve into the
SIP the rule submitted to EPA on March 19, 2012.
18. Rule 391-3-1-.02(2)(eee) ``Volatile Organic Compound Emissions From
Expanded Polystyrene Products Manufacturing''
In 1983, EPA established a CTG addressing the control of VOC
emissions from expanded polystyrene products manufacturing. On October
28, 1999, GA EPD submitted to EPA a revision to Rule 391-3-
1-.02(2)(eee) ``Volatile Organic Compound Emissions from Expanded
Polystyrene Products Manufacturing'' and EPA approved this rule on July
10, 2001 (66 FR 35906). GA EPD revised the rule again on June 8, 2008,
and submitted it to EPA for SIP approval in the October 21, 2009,
Submittal B SIP revision and then again on April 12, 2009, and
submitted it to EPA for SIP approval in the October 21, 2009, Submittal
C SIP revision.
The purpose of Georgia's rule is to establish applicability and
compliance dates associated with emission limitations from Expanded
Polystyrene Products Manufacturing VOC emissions in the Atlanta Area.
Rule 391-3-1-.02(2)(eee) ``Volatile Organic Compound Emissions from
Expanded Polystyrene Products Manufacturing'' was amended in the
October 21, 2009, Submittal B SIP revision to update the list of
counties to include Barrow County so that the rule applies to the
entire 20 county Atlanta Area and to provide Barrow County with a
compliance date of May 1, 2009. This rule was subsequently revised and
submitted in the October 21, 2009, Submittal C SIP revision to amend
the compliance date for Barrow County to March 1, 2009. These
revisions, submitted on October 21, 2009, appear to be consistent with
the requirements of RACT under the CAA, and are therefore proposed for
approval.
19. Rule 391-3-1-.02(2)(hhh) ``Wood Furniture Finishing and Cleaning
Operations''
In 1996, EPA established a CTG addressing the control of VOC
emissions from wood furniture finishing and cleaning operations. On
October 28, 1999, GA EPD submitted to EPA a revision to Rule 391-3-
1-.02(2)(hhh) ``Wood Furniture Finishing and Cleaning Operations'' and
EPA approved this rule on July 10, 2001 (66 FR 35906). GA EPD revised
the rule on June 8, 2008, and submitted it to EPA for SIP approval in
the October 21, 2009, Submittal B SIP revisions and then again on April
12, 2009, and submitted to EPA for SIP approval in the October 21,
2009, Submittal C SIP revision.
The purpose of Georgia's rule is to establish applicability and
compliance dates associated with emission limitations from wood
furniture finishing and cleaning operation VOC emissions in the Atlanta
Area. Rule 391-3-1-.02(2)(hhh) ``Wood Furniture Finishing and Cleaning
Operations'' was amended in the October 21, 2009, Submittal B SIP
revision to update the list of counties to include Barrow County so
that the rule applies to the entire Atlanta Area and to provide Barrow
County with a compliance date of May 1, 2009. This rule was
subsequently revised and submitted in the October 21, 2009, Submittal C
SIP revision to amend the compliance date for Barrow County to March 1,
2009. These revisions, submitted on October 21, 2009, appear to be
consistent with the requirements of RACT under the CAA, and are
therefore proposed for approval.
20. Rule 391-3-1-.02(2)(kkk) ``VOC Emissions From Aerospace
Manufacturing and Rework Facilities''
In December 1997, EPA established a CTG addressing the control of
VOC emissions from aerospace manufacturing and rework facilities. On
October 28, 1999, GA EPD submitted to EPA a revision to Rule 391-3-
1-.02(2)(kkk) ``VOC Emissions from Aerospace Manufacturing and Rework
Facilities'' and EPA approved this rule on July 10, 2001 (66 FR 35906).
In the October 21, 2009, Submittal C SIP revision, and the draft July
19, 2012, SIP
[[Page 45317]]
revision, GA EPD expanded the applicability of Rule 391-3-1-.02(2)(kkk)
``VOC Emissions from Aerospace Manufacturing and Rework Facilities'' to
include all the counties in the Atlanta Area.
The purpose of this rule is to limit VOC emissions from aerospace
manufacturing and rework facilities that are located within or
contribute to ozone levels in ozone nonattainment areas. The rules also
limit VOC emissions from major sources (emitting greater than 100 tons
per year of VOC emissions) located outside the ozone nonattainment
area. The revisions amend the recordkeeping requirements for solvents
to be consistent with Federal requirements found at 40 CFR 63, subpart
GG. Also the definition of ``cleaning solvent'' is revised to include a
definition of ``no VOCs'' (VOC content less than 1.0 weight percent),
to make the definition more clear. A typographical error is also
corrected. These revisions, submitted on October 21, 2009, appear to be
consistent with EPA's CTG under the CAA, and are therefore proposed for
approval. EPA is also proposing to approve Georgia's rule changes
submitted on July 19, 2012, for parallel processing. In the
alternative, EPA is proposing to conditionally approval Georgia's July
19, 2012, draft SIP revision.
21. Rule 391-3-1-.02(2)(vvv) ``VOC Emissions From Surface Coating of
Miscellaneous Plastic Parts and Products'' \6\
---------------------------------------------------------------------------
\6\ Also see Rule 391-3-1-.02(2)(www) ``VOC Emissions from
Surface Coating of Pleasure Craft'' for additional information.
---------------------------------------------------------------------------
In June 1978, EPA issued a CTG document addressing the control of
VOC emissions from surface coating of Miscellaneous Metal Parts and
Products. On October 7, 2008 (73 FR 58481), EPA updated the 1978 CTG,
as part of Group IV CTG, addressing the control of VOC emissions from
the surface coating of miscellaneous plastic parts and products. On
March 19, 2012, GA EPD submitted a SIP revision addressing this CTG
source category for the entire 20-county Atlanta Area. EPA has reviewed
Georgia's rule, which became state effective on March 7, 2012, and has
preliminarily determined that Georgia's rule is consistent with the
Group IV CTG for VOC emission from the surface coating of miscellaneous
plastic parts and products. EPA is therefore proposing to approve
Georgia's SIP revision submitted on March 19, 2012, regarding VOC
emissions from source coating of miscellaneous plastic parts and
products.
22. Rule 391-3-1-.02(2)(www) ``VOC Emissions From Surface Coating of
Pleasure Craft''
On October 7, 2008 (73 FR 58486) EPA published the Miscellaneous
Metal and Plastic Part Coatings CTG (MMPPC CTG) as part of the Group IV
CTG, addressing the control of VOC emissions from various metal and
plastic part coatings. Members of the pleasure craft coatings industry
contacted EPA requesting reconsideration of the pleasure craft VOC
limits contained in EPA's 2008 MMPPC CTG. In response, EPA issued a
memorandum on June 1, 2010, titled ``Control Technique Guidelines for
Miscellaneous Metal and Plastic Part Coatings--Industry Request for
Reconsideration,'' recommending that the pleasure craft industry work
with State agencies during their RACT rule development process to
assess what is reasonable for the specific sources regulated. EPA
stated that states can use the recommendations from the MMPPC CTG to
inform their own determinations as to what constitutes RACT for
pleasure craft coating operations in their particular ozone
nonattainment area.
In its March 19, 2012, SIP revision, GA EPD provided a negative
declaration for the surface coatings of pleasure craft, noting that
there are no such sources located in Georgia. EPA has reviewed this
negative declaration and has preliminarily determined that there are no
sources the emit VOC emissions from surface coating of pleasure craft
in the Atlanta Area. EPA is therefore proposing to approve Georgia's
negative declaration for surface coatings of pleasure craft submitted
on March 19, 2012.
23. Rule 391-3-1-.02(2)(yyy) ``VOC Emissions From the Use of
Miscellaneous Industrial Adhesives''
On October 7, 2008 (73 FR 58481), EPA established a CTG, as part of
Group IV CTG, addressing the control of VOC emissions from the use of
miscellaneous industrial adhesives. On March 19, 2012, GA EPD submitted
a SIP revision to address this CTG source category for the entire 20
county Atlanta Area. EPA has reviewed Georgia's rule, which became
state effective on March 7, 2012, and has preliminarily determined that
Georgia's rule is consistent with the Group IV CTG for VOC emissions
from the use of miscellaneous industrial adhesives. EPA is therefore
proposing to approve Georgia's SIP revision submitted on March 19,
2012, regarding VOC emissions from the use of miscellaneous industrial
adhesives.
24. Rule 391-3-1-.02(2)(zzz) ``VOC Emissions From the Fiberglass Boat
Manufacturing''
On October 7, 2008 (73 FR 58481), EPA established a CTG, as part of
the Group IV CTG, addressing the control of VOC emissions from the
fiberglass boat manufacturing industry.
On March 19, 2012, GA EPD submitted a SIP revision to address this
CTG source category for the entire 20 county Atlanta Area. EPA has
reviewed Georgia's rule, which became state effective on March 7, 2012,
and has preliminarily determined that Georgia's rule is consistent with
the Group IV CTG for VOC emissions from the fiberglass boat
manufacturing. EPA is therefore proposing to approve Georgia's SIP
revision submitted on March 19, 2012, regarding VOC emissions from the
fiberglass boat manufacturing.
25. Rule 391-3-1-.02(2)(aaaa) '' Industrial Cleaning Solvents''
On October 5, 2006 (71 FR 58745), as part of the Group II CTG, EPA
updated the portion of the 1977 Solvent Metal Cleaning CTG regarding
the control of VOC emissions from the use of industrial cleaning
solvents.
On March 19, 2012, GA EPD submitted a SIP revision to address this
CTG source category for the entire 20 county Atlanta Area. EPA has
reviewed Georgia's rule, which became state effective on March 7, 2012,
and preliminarily determined that Georgia's rule is consistent with the
Group IV CTG for industrial cleaning solvents. EPA is therefore
proposing to approve Georgia's SIP revision submitted on March 19,
2012, regarding industrial cleaning solvents.
b. General RACT Rules
Moderate and above ozone nonattainment areas are required to have
regulations in place that require major VOC sources and NOx sources to
meet RACT requirements. In 1993 the Atlanta 1-hour ozone nonattainment
area was required to meet VOC major source RACT and NOx major source
RACT for the thirteen counties in the Atlanta 1-hour ozone
nonattainment area. The Atlanta Area was designated as a marginal
nonattainment for the 1997 8-hour ozone standard on June 15, 2004, and
was reclassified to moderate on March 6, 2008. The Area was then
required to meet major source VOC RACT and major source NOX
RACT for entire 20-county 1997 8-hour nonattainment area. The following
are RACT rules for the 20-county Atlanta Area.
[[Page 45318]]
1. Rule 391-3-1-.02(2)(tt) ``Volatile Organic Compound (VOC) Emissions
From Major Sources''
On November 13, 1992, GA EPD submitted to EPA a SIP revision that
included Rule 391-3-1-.02(2)(tt) ``Volatile Organic Compound (VOC)
Emissions From Major Sources.'' Through a December 22, 1997, letter and
a subsequent February 27, 2012, letter GA EPD withdrew Rule 391-3-
1-.02(2)(tt) (and Rule 391-3-1-.02(2)(yy)) from the November 13, 1992,
submittal. On October 28, 1999, GA EPD submitted to EPA a revision to
Rule 391-3-1-.02(2)(tt) ``Volatile Organic Compound (VOC) Emissions
From Major Sources'' and EPA approved this rule on July 10, 2001 (66 FR
35906). GA EPD revised its rule again on June 8, 2008, and submitted it
to EPA for SIP approval in the October 21, 2009, Submittal B SIP
revision.
The purpose of Georgia's October 21, 2009, revision is to establish
applicability and compliance dates associated with emission limitations
from major VOC sources in the Atlanta Area. Specifically, this rule is
amended to update the list of counties to include Barrow County so that
the rule applies to the entire Atlanta Area. Barrow County has a
compliance date of May 1, 2009.
2. Rule 391-3-1-.02(2)(vv) ``Volatile Organic Liquid Handling and
Storage''
On October 28, 1999, GA EPD submitted to EPA a revision to Rule
391-3-1-.02(2)(vv) ``Volatile Organic Liquid Handling and Storage'' and
EPA approved this rule on July 10, 2001 (66 FR 35906). GA EPD revised
its rule on June 8, 2008, and submitted it to EPA for SIP approval in
the October 21, 2009, Submittal B SIP revision. The rule was again
revised on April 12, 2009, and submitted to EPA for SIP approval in the
October 21, 2009, Submittal C SIP revision.
The purpose of this revision is to establish applicability and
compliance dates associated with emission limitations from VOC handling
and storage sources in the Atlanta Area. Specifically, the October 21,
2009, Submittal B SIP revision amended the list of counties to include
Barrow County so that the rule applies to the entire Atlanta Area and
to provide Barrow County with a compliance date of May 1, 2009. This
rule was subsequently revised and submitted in the October 21, 2009,
Submittal C SIP revision to amend the compliance date for Barrow County
to March 1, 2009. EPA has reviewed Georgia's rule changes, submitted on
October 21, 2009, and has preliminarily determined that these changes
are consistent with EPA RACT guidance, and are therefore proposed for
approval.
3. Rule 391-3-1-.02(2)(yy) ``Emissions of Nitrogen Oxides
(NOX) Major Sources''
On November 13, 1992, GA EPD submitted to EPA a SIP revision that
included Rule 391-3-1-.02(2)(yy) ``Emissions of Nitrogen Oxides
(NOX) Major Sources.'' Through a December 22, 1997, letter
and a subsequent February 27, 2012, letter, GA EPD withdrew Rule 391-3-
1-.02(2)(yy) (and Rule 391-3-1-.02(2)(tt)) from the November 13, 1992,
submittal. On March 15, 2005, GA EPD submitted to EPA a revision to
Rule 391-3-1-.02(2)(yy) ``Emissions of Nitrogen Oxides (NOX)
Major Sources'' and EPA approved this revision on May 9, 2005 (70 FR
24310). GA EPD revised its rule again on June 8, 2008, and submitted it
to EPA for SIP approval in the October 21, 2009, Submittal B, SIP
revision.
The purpose of this rule is to establish applicability and
compliance dates associated with emission limitations from
NOX major sources in the Atlanta Area. This rule is amended
to update the list of counties to include Barrow County so that the
rule applies to the entire Atlanta Area. Barrow County has a compliance
date of May 1, 2009. These changes, submitted on October 21, 2009,
appear to be consistent with the requirements of RACT under the CAA,
and the changes are therefore proposed for approval.
4. Rule 391-3-1-.02(2)(ccc) ``Volatile Organic Compound Emissions From
Bulk Mixing Tanks''
On October 28, 1999, GA EPD submitted to EPA a revision to Rule
391-3-1-.02(2)(ccc) ``Volatile Organic Compound Emissions From Bulk
Mixing Tanks'' and EPA approved this rule on July 10, 2001 (66 FR
35906). GA EPD revised its rule on June 8, 2008, and submitted it to
EPA for SIP approval in the October 21, 2009, Submittal B SIP revision
and then again on April 12, 2009, and submitted to EPA for SIP approval
in the October 21, 2009, Submittal C SIP revision.
The purpose of this rule is to establish applicability and
compliance dates associated with emission limitations from VOC bulk
mixing tanks in the Atlanta Area. This rule was amended in the October
21, 2009, Submittal B SIP revision to update the list of counties to
include Barrow County so that the rule applies to the entire Atlanta
Area and provides a compliance Date of May 1, 2009, for Barrow County.
This rule was subsequently revised and submitted in the October 21,
2009, Submittal C SIP revision to amend the compliance date for Barrow
County to March 1, 2009. These revisions appear to be consistent with
the requirements of RACT under the CAA, and are therefore proposed for
approval.
5. Rule 391-3-1-.02(2)(lll) ``Nitrogen Oxide Emissions From Fuel-
Burning Equipment''
On October 28, 1999, GA EPD submitted to EPA a revision to Rule
391-3-1-.02(2)(lll) ``Nitrogen Oxide Emissions from Fuel-Burning
Equipment'' and EPA approved this rule on July 10, 2001 (66 FR 35906).
GA EPD revised the rule on June 8, 2008, and submitted to EPA for SIP
approval in the October 21, 2009, Submittal B SIP revision and then
again on April 12, 2009, and submitted to EPA for SIP approval in the
October 21, 2009, Submittal C SIP revision. October 21, 2009, Submittal
B SIP revision exempts wood burning boilers located in counties outside
the Atlanta Area. The October 21, 2009, Submittal C SIP revision
changes the definition of a wood burning boiler from 50 percent wood
fired to 90 percent wood fired. The rule is amended to no longer
subject fuel-burning equipment burning wood or wood residue in specific
amounts outside of the Atlanta Area to the existing NOX
emission standard. No sources currently exist in these ozone
unclassifiable/attainment areas outside the Atlanta Area and any new
major source (greater than 100 tpy) would be required to meet
Prevention of Significant Deterioration (PSD) requirements. PSD
requirements require Best Available Control Technology (BACT) which
would meet RACT and the source would have to show that its emissions do
not interfere with the Atlanta Area air quality. Any new minor source
(less than 100 tpy) would have to go through the state permitting
process.
6. Rule 391-3-1-.02(2)(rrr) ``Nitrogen Oxide Emissions From Small Fuel-
Burning Equipment''
On October 21, 2009, GA EPD submitted two SIP revisions affecting
the applicability and compliance for NOX emissions from
small fuel-burning equipment for the entire 20-county Atlanta Area. The
October 21, 2009, Submittal B SIP revision revised Rule 391-3-
1-.02(2)(rrr) to expand the rule to the entire 20-county Atlanta Area.
The rule applied to sources with greater than 25 tpy of NOX
emissions in Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth,
[[Page 45319]]
Fulton, Gwinnett, Henry, Paulding, and Rockdale County and is now
revised to include sources with greater than 100 tpy of NOX
emissions in Barrow, Bartow, Carroll, Hall, Newton, Spalding and Walton
County. The changes to Georgia's rule also established a May 15, 2005,
compliance date for Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale
County and a May 1, 2009, compliance date for Barrow, Bartow, Carroll,
Hall, Newton, Spalding and Walton County. The October 21, 2009,
Submittal C SIP revision revised the compliance date for Barrow,
Bartow, Carroll, Hall, Newton, Spalding and Walton County to March 1,
2009. EPA has reviewed Georgia's rule, which became state effective on
June 8, 2008, (October 21, 2009, Submittal B, SIP revision) and April
12, 2009, (October 21, 2009, Submittal C, SIP revision) and has
preliminarily determined that Georgia's rule is consistent with the
requirements of RACT under the CAA. EPA is therefore proposing to
approve Georgia's rule, submitted in the October 21, 2009, Submittal B
and Submittal C SIP revisions regarding NOX emissions from
small fuel-burning engines.
III. Effect of This Proposed Action
The effect of this proposed action is to include the aforementioned
requirements for RACT and CTG source categories into the Atlanta Area
portion of the Georgia SIP. In accordance with the Georgia rules, some
affected sources in the Atlanta Area will have to comply with rules in
the March 19, 2012, and July 19, 2012, SIP revisions by January 1,
2015, unless the Atlanta Area is redesignated to attainment prior to
January 1, 2015. According to the Georgia rules, if the Atlanta Area is
redesignated to attainment prior to January 1, 2015, Georgia provides
that the new and revised requirements of these rules will not become
applicable and instead will be approved into the contingency measures
portion of the Georgia SIP. \7\ However, in order for that to occur,
the redesignation process for the Altanta Area would have to be
completed prior to January 1, 2015. Today, EPA is proposing to approve
the rules included in the March 19, 2012, and July 19, 2012, SIP
revisions (along with other rules, as explained earlier), and
simultaneously proposing conditional approval for the July 19, 2012,
SIP revision. Any action regarding the movement of rules into the
contingency measures portion of the SIP would be effectuated through a
separate process (i.e., the redesignation process) and not final action
on today's proposal.
---------------------------------------------------------------------------
\7\ See the applicability portions of Georgia Rules 391-3-
1-.02(t), (w), (y), (z), (ii), (jj), (mm), (ddd), (vvv), (yyy),
(zzz) and (aaaa) of the March 19, 2012, SIP submittal; See Georgia
Rule 391-3-1-.02(a)(6)(i)(V) and Georgia Rule 391-3-1-.02(kkk)(18)
of the July 19, 2012, draft SIP submittal.
---------------------------------------------------------------------------
IV. Proposed Action
Pursuant to section 110 of the CAA, EPA is proposing to approve the
revisions to Georgia's SIP addressing sources subject to NOx RACT and
VOC RACT, including Groups I, II, III and IV CTG source categories for
the Atlanta Area. EPA has evaluated Georgia's November 13, 1992,
October 21, 2009, and March 19, 2012, final SIP revisions and July 19,
2012, draft SIP revisions, and preliminarily determined that they meet
the applicable requirements of the CAA and EPA regulations, and EPA has
made the preliminary determination that the rules included in the SIP
revisions are consistent with the CAA, its implementing regulations and
EPA policy on addressing RACT requirements. Although EPA has received a
draft SIP revisions from Georgia, dated July 19, 2012, for parallel
processing, in the event, that EPA does not receive the final version
of that SIP revision within the time frames in which EPA must finalize
today's proposal, EPA is also today proposing to conditionally approve
Georgia's July 19, 2012, draft SIP revision. The alternative
conditional approval option will ensure that EPA can timely finalize
its approval of the RACT requirements for the Atlanta Area.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposal action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this proposed rule does not have tribal implications
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the determination does not have substantial direct effects on
an Indian Tribe. There are no Indian Tribes located within the Atlanta
nonattainment area.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: July 20, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2012-18649 Filed 7-30-12; 8:45 am]
BILLING CODE 6560-50-P