Air Plan Approval; GA; Miscellaneous Revisions, 3354-3358 [2019-02066]

Download as PDF 3354 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules comments on Notice No. 177 through April 15, 2019. How To Comment See the ADDRESSES section above for instructions on how and where to comment on Notice No. 177 and for instructions on how to view or obtain copies of documents and comments associated with Notice No. 177. Drafting Information Karen A. Thornton of the Regulations and Rulings Division drafted this document. Signed: February 6, 2019. John J. Manfreda, Administrator. [FR Doc. 2019–01996 Filed 2–11–19; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 4 RIN 2900–AQ43 Schedule for Rating Disabilities: Infectious Diseases, Immune Disorders, and Nutritional Deficiencies Department of Veterans Affairs. Proposed rule; correction. AGENCY: ACTION: The Department of Veterans Affairs (VA) is correcting a proposed rule to amend the section of the VA Schedule for Rating Disabilities (VASRD or Rating Schedule) that addresses infectious diseases and immune disorders. This correction addresses minor technical errors in the proposed rule published February 5, 2019. DATES: February 12, 2019. FOR FURTHER INFORMATION CONTACT: Ioulia Vvedenskaya, M.D., M.B.A., Medical Officer, Part 4 VASRD Regulations Staff (211C), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 461–9700. (This is not a toll-free telephone number.) SUPPLEMENTARY INFORMATION: VA is correcting its proposed rule, Schedule for Rating Disabilities: Infectious Diseases, Immune Disorders, and Nutritional Deficiencies, that published February 5, 2019, in the Federal Register at 84 FR 1678. SUMMARY: Corrections In proposed rule FR Doc. 2019–00636 beginning on page 1678 in the issue of February 5, 2019, make the following corrections. VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 1. On page 1689, beginning in the first column, correct amendatory instruction number 5 to read as follows: ■ 5. Amend appendix B to part 4 by: ■ a. Revising the entries for diagnostic codes 6300 and 6305; ■ b. Adding in numerical order an entry for diagnostic code 6312; ■ c. Revising the entry for diagnostic code 6317; ■ d. Adding in numerical order entries for diagnostic codes 6325, 6326, 6329 through 6331, and 6333 through 6335; and ■ e. Revising the entry for diagnostic code 6354. The revisions and additions read as follows: 2. On page 1689, in the amendatory text for Appendix B to Part 4, remove the diagnostic code ‘‘6351 HIV-related infection’’ and correct the diagnostic code ‘‘6356’’ to read ‘‘6354’’. 3. On page 1690, in the amendatory table for Appendix C to Part 4, the entry ‘‘Nontuberculosis mycobacterial infection-Diagnostic code 6312 should be listed before Nontyphoid salmonella infection Diagnostic code 6333’’. Approved: February 7, 2019. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2019–01985 Filed 2–11–19; 8:45 am] BILLING CODE 8320–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2006–0651; FRL–9989–27– Region 4] Air Plan Approval; GA; Miscellaneous Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve changes to the Georgia State Implementation Plan (SIP) submitted by the State of Georgia, through the Georgia Environmental Protection Division (GA EPD) of the Department of Natural Resources, on April 11, 2003. EPA is proposing to approve portions of a SIP revision which include changes to Georgia’s rules regarding emissions standards and open burning. This action is being proposed pursuant to the Clean Air Act (CAA or Act) and its implementing regulations. DATES: Written comments must be received on or before March 14, 2019. SUMMARY: PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 Submit your comments, identified by Docket ID No. EPA–R04– OAR–2006–0651 at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960, or Joel Huey, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303–8960. Mr. Wong can be reached by telephone at (404) 562–8726 or via electronic mail at wong.richard@epa.gov. Mr. Huey can be reached by telephone at (404) 562–9104 or via electronic mail at huey.joel@ epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: I. Background On April 11, 2003, GA EPD submitted a SIP revision to EPA for approval that involves changes to Georgia’s SIP regulations. In this action, EPA is proposing to approve the portions of the Georgia submission that make changes to Georgia’s Rule 391–3–1–.02(2)(nnn)— NOX Emissions from Large Stationary Gas Turbines and Rule 391–3–1– .02(5)—Open Burning.1 EPA is not 1 On August 31, 2018, GA EPD submitted a letter (included in the docket for this action) withdrawing from the submittal a proposed revision to Georgia Rule 391–3–1–.02(5)(d) that would provide exceptions to the 40 percent opacity limit on open burning. E:\FR\FM\12FEP1.SGM 12FEP1 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules acting on the following three other portions of GA EPD’s April 11, 2003, submittal at this time. On October 21, 2009, GA EPD submitted a letter withdrawing from the submittal a proposed revision to Georgia Rule 391– 3–1–.02(2)(qqq)—Volatile Organic Compound From Extruded Polystyrene Products Manufacturing Utilizing a Blowing Agent.2 On January 5, 2017 (82 FR 1206), EPA approved changes to Rule 391–3–1–.01—Definitions that were included in the April 11, 2003, submittal. On April 16, 2018 (83 FR 16276), EPA published a proposed rulemaking for Rule 391–3–1– .03(11)(b)—Permit by Rule Standards that was included in the April 11, 2003, submittal. II. Analysis of State’s Submittal A. Rule 391–3–1–.02(2)(nnn)—NOX Emissions from Large Stationary Gas Turbines EPA is proposing to approve a change to Rule 391–3–1–.02(2)(nnn)—NOX Emissions from Large Stationary Gas Turbines (henceforth, Rule (nnn)), which applies to stationary gas turbines with a maximum potential output of greater than 25 megawatts. This rule was originally approved into the Georgia SIP on July 10, 2001 (66 FR 35906), as one of several rules adopted as part of GA EPD’s 1-hour ozone attainment demonstration for the Atlanta nonattainment area (Atlanta Area). Paragraph 1 of Rule (nnn) establishes nitrogen oxides (NOX) emission limits for the subject gas turbines in a 45county area that includes and extends beyond the thirteen counties of the previous Atlanta, Georgia, 1979 1-hour ozone maintenance area.3 Paragraph 2 of the rule provides that these limits apply during the ‘‘ozone season’’ period of May 1 through September 30 of each year. For existing units, paragraph 5 of Rule (nnn) allowed a source owner or operator to petition the Director, by May 1, 2003, for a change to the rule in case a source is unable to meet the NOX emission limits of paragraph 1 through combustion modifications. Georgia Power, in a 2002 letter to GA EPD,4 specified certain combustion turbine units at four sources that would not be 2 The October 21, 2009, letter is included in the docket for this action. 3 Thirteen counties of the Atlanta Area were designated nonattainment for the 1979 1-hour ozone NAAQS on November 6, 1991 (56 FR 56694) and redesignated to attainment effective June 14, 2005 (70 FR 34660). 4 See Charles H. Huling, Georgia Power, to Harold F. Reheis, GA EPD, August 23, 2002, included in GA EPD’s April 11, 2003, SIP submittal. VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 3355 able to meet the emission limits in paragraph 1 because either emission reduction technologies failed to achieve compliance with the NOX limit of the rule or because compliance proved to be prohibitively expensive. Those units are Unit 6 at Plant Bowen, Units 3A and 3B at Plant McDonough, Units 5A and 5B at Plant Atkinson, and Unit 5A at Plant Wansley. As a result, GA EPD’s April 11, 2003, SIP revision adds to Rule (nnn) a new paragraph 7, which provides an exemption from the rule for the units that Georgia Power determined were unable to comply with the NOX limits of paragraph 1 and were therefore taken out of normal service during ozone season. On April 10, 2018, GA EPD informed EPA that only two sources remain affected by this exemption.5 Paragraph 7 of Rule (nnn) provides that units are exempt from the provisions of the rule if they only operate up to three hours per month for maintenance purposes or under emergency conditions. Thus, such units are to be maintained in an operational condition for the purpose of being available to operate during emergency situations and for normal operation outside of ozone season. If an owner or operator were to choose to operate in excess of the paragraph 7 limitations, the unit would be required to comply with the NOX emission limits of paragraph 1 and could no longer avail itself of the exemption provided by paragraph 7. EPA is proposing to find that the revisions to paragraph 7 to Rule (nnn) are consistent with the CAA, including Section 110(l) of the Act, because the changes will result in reduced overall emissions from the exempted units. This is because the rule restricts the operation of the subject units during ozone season to only limited circumstances—for short periods of time for the purposes of maintenance and for emergency situations—rather than being able to operate continuously for the generation of electricity for sale. Under the existing approved rule, these units are allowed to operate, in compliance with the NOX emission limits of paragraph 1, for up to 3,672 hours during the ozone season (153 ozone season days multiplied by 24 hours per day). Under the paragraph 7 exemption from the NOX emissions limits, these units are allowed to operate only up to 15 hours during ozone season (3 hours per month multiplied by 5 ozone season months) for maintenance purposes, and only temporarily for emergency purposes. On December 14, 2006, GA EPD submitted supplemental information with an evaluation of emission rates under the new subparagraph 7. That correspondence, which is included in the docket for this rulemaking, shows Georgia’s analysis of the maximum allowable NOX emission rate based on the existing paragraph 1 in comparison to the maximum allowable emissions for maintenance purposes under paragraph 7. As shown in the table on page 3 of GA EPD’s analysis, the allowable NOX emissions based on operation for maintenance purposes under paragraph 7 are significantly less than the allowable NOX emissions under the existing paragraph 1—less than two percent of previously allowable emissions. Indeed, since 2008, data from EPA’s Air Markets Program Data (https://ampd.epa.gov/ampd/) shows the highest annual NOX emissions reported for these units is less than 0.5 ton. Paragraph 7 limits the use of these units to two types of emergency situations. First, the units may be used ‘‘For the purpose of restarting the steamelectric generating units when all steamelectric generating units at a facility are down and off-site power is not available (also known as a ‘Black Start’).’’ A ‘‘Black Start’’ occurs in the rare circumstance that there is a system-wide power failure and these combustion turbine units are temporarily started up to provide the necessary power within the facility to re-start other units for the purposes of electricity production for the grid. In an April 10, 2018 email, GA EPD informed EPA that, since the time that Georgia adopted paragraph 7, these combustion turbine units have not been started up for the emergency purpose of a Black Start.6 Second, paragraph 7 allows these units to be used ‘‘When power problems on the grid would necessitate implementing manual load shedding procedures for retail customers.’’ ‘‘Manual load shedding,’’ as described by GA EPD, is a procedure used when Georgia Power directs power consumers to minimize or stop electric consumption, which can occur in conjunction with brownouts.7 Such a procedure could be used in an attempt to rebalance power in the grid and avoid 5 The two sources are Plant McDonough (combustion turbines 3A (CT5M and CT6M) and 3B (CT7M and CT8M) and Plant Wansley (combustion turbine 5A), as stated in an email from GA EPD to EPA on April 10, 2018. The email is included in the docket for this action. 6 The GA EPD email of April 10, 2018, is available in the docket for this action. 7 Brownout is a voltage reduction by power companies during a period of high electricity demand to prevent system overload and thus avoid a potential blackout. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM 12FEP1 3356 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules a system-wide power failure. Under paragraph 7, these combustion turbine units could be used in this emergency situation to ensure continued power production at a level sufficient to meet grid demand, thus obviating the need to reduce or stop power to consumers through manual load shedding procedures. Since the time that Georgia adopted paragraph 7, manual load shedding procedures have occurred infrequently,8 and such events do not necessarily require the start-up of an emergency combustion turbine in all cases. Section 110(l) provides that ‘‘the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of this Act.’’ This proposed SIP revision is consistent with these requirements because potential NOX emissions for maintenance under the new paragraph 7 are significantly less than potential emissions of a unit generating electricity for sale continuously during the 153-day ozone season. In addition, based upon the limited types of emergency use allowed under the rule and the actual operational history and emissions of these units,9 EPA believes that start-up of these units for emergency purposes is unlikely during any particular ozone season and that any such use that might occur would be brief. Accordingly, EPA is proposing to approve the amendment to Rule (nnn) from GA EPD’s April 11, 2003, submittal. B. Rule 391–3–1–.02(5)—Open Burning GA EPD’s April 11, 2003, submittal makes several changes to the State’s Open Burning rule at Rule 391–3–1– .02(5). This rule bans open burning in the State of Georgia with the exception of several specific types of open burning listed at subsection (5)(a).10 In its submittal, GA EPD explains that the purpose of the changes is to make the rule consistent with current interpretation, implementation, and enforcement. GA EPD’s submittal revises paragraph (5)(a)6, which provides an exclusion from the open burning ban for ‘‘Fires set 8 See GA EPD email of April 10, 2018. 9 A summary of the NO emissions from the X affected sources for the past 10 years is included in the docket for this action. 10 The submittal revises the definition of ‘‘slash burning’’ at paragraph (5)(e)2 (formerly (5)(f)2). However, EPA is not acting on this change because the State deleted the term from the Rule in a later submittal of November 6, 2006, which EPA has already approved. See 75 FR 6309 (February 9, 2010). VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 for purposes of training fire-fighting personnel when authorized by the appropriate governmental entity and the guidelines set forth by the Director are strictly observed.’’ The submittal revises this exclusion from the open burning ban by deleting the ending phrase, ‘‘and the guidelines set forth by the Director are strictly observed.’’ However, the State’s ‘‘guidelines set forth by the Director’’ apply to acquired structure burns, which as discussed below, are now part of the authorization process for the new standalone exclusion from the open burning ban at paragraph (5)(a)7. Therefore, the State has removed this phrase from paragraph (5)(a)6. The submittal adds a standalone exemption from the open burning ban at paragraph (5)(a)7 for ‘‘[a]cquired structure burn,’’ which is defined as ‘‘the burning of a house, building or structure for the exclusive purpose of providing training to the fire-fighting personnel or arson investigators.’’ 11 See Georgia Rule 391–3–1–.02(5)(e)(3). Under the rule, an acquired structure burn may only be conducted after an Authorization to Burn certificate has been issued by the Division. EPA notes that acquired structure burn activities were previously exempted from the open burning ban throughout the State, with some limitations, under Rule 391– 3–1–.02(5)(a)(6) (previously (a)(7)). However, GA EPD has pulled ‘‘acquired structure burns’’ out as a standalone exemption to further restrict them during ozone season in the 45 counties encompassing and surrounding the (former) Atlanta ozone 1-hour nonattainment area.12 EPA is proposing to approve the addition of ‘‘acquired structure burns’’ as a standalone exemption from the open burning ban because it was already exempted under the existing SIP-approved rule as part of training to the fire-fighting personnel under paragraph (5)(a)6. As a standalone exemption, it is now specifically banned during ozone season in the 45 counties of the Atlanta Area under Rule 391–3– 1–.02(5)(b). Also, conducting an acquired structure burn requires an Authorization to Burn certificate, which includes the ‘‘guidelines set forth by the Director’’ that were also previously included in paragraph (5)(a)6.13 In 11 EPA has already approved changes to the definition for ‘‘[a]cquired structure burn’’ at paragraph (5)(e)3. See 70 FR 50199 (August 26, 2005). 12 See Rule 391–3–1–.02(5)(b), which limits the categories of open burning allowed in the 45-county area. 13 The ‘‘guidelines set forth by the Director’’ are provided in the memorandum ‘‘Guidance for Acquired Structure for Live Fire Training’’ from GA EPD to Georgia Fire Department Chiefs and Personnel, July 13, 2016, downloaded from https:// PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 addition, EPA notes that because acquired structure burns are no longer allowed in the 45-county area surrounding the Atlanta Area during ozone season, this change will prevent them from having an adverse impact on the seven counties of the only current nonattainment area in the State.14 Taken together, the exclusions at paragraphs (5)(a)6 and (5)(a)7 retain the exemption for fires set for purposes of training firefighting personnel, provided that proper authorization has been obtained, but now prohibit acquired structure burns during the ozone season in 45 counties of the Atlanta Area. The submittal also removes the following two types of open burning from the list of activities at subsection (5)(a) that are excluded from the open burning ban: (1) ‘‘Destruction of combustible demolition or construction materials either on site or transported to a burning facility upon approval by the Director, unless prohibited by local ordinance and/or regulation’’ (subparagraph (5)(a)3); and (2) ‘‘Setting and maintenance by contractors and tradesmen of miscellaneous small fires necessary to such activities as streetpaving work installation or repair of utilities, provided that such fires are kept small in size, no smoke emissions exceed 40 percent opacity, and that local ordinances and regulations do not prohibit such actions’’ (subparagraph (5)(a)11). Since these two types of open burning would no longer be excluded from the State’s open burning ban, they would be prohibited in the State, and this strengthens protection of air quality. GA EPD’s submittal revises another existing exclusion at paragraph (5)(a)8, where the exclusion for ‘‘Disposal of tree limbs from storm damage’’ is changed to ‘‘Disposal of vegetative debris from storm damage.’’ EPA believes the change from ‘‘tree limbs’’ to ‘‘vegetative debris’’ is minimal and will have no impact on air quality. Paragraph (5)(a)11 (previously (5)(a)12) provides an exception to the open burning ban in ‘‘other than predominantly residential areas for the purpose of land clearing or construction or right-of-way maintenance provided the following [five] conditions are met.’’ The second condition that must be met for this type of open burning to be allowed is that ‘‘[t]he location of the epd.georgia.gov/air/acquired-structure-burninformation on September 14, 2018, and included in the docket for this rulemaking. 14 On June 4, 2018, EPA designated the counties of Bartow, Cobb, Clayton, DeKalb, Fulton, Gwinnett and Henry as nonattainment for the 2015 8-hour ozone national ambient air quality standards (NAAQS). See 83 FR 25776. E:\FR\FM\12FEP1.SGM 12FEP1 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules burning is at least 1,000 feet from any dwelling located in a predominately residential area.’’ Two changes are made here. The revised language (1) removes the limitation of this exception to ‘‘other than predominantly residential areas,’’ and (2) changes the second condition that must be met such that rather than requiring this type of burning occur at least 1,000 feet from any ‘‘dwelling located in a predominantly residential area,’’ the rule requires it to occur at least 1,000 feet from any ‘‘occupied structure, or lesser distance if approved by the Division.’’ Thus, the revised rule establishes a minimum distance required from all occupied structures (e.g., schools, work places and shops), not just residential area dwellings, and provides that the GA EPD Director may approve lesser distances as evaluated and deemed appropriate. The revised language is more protective of air quality because it requires that burning for the purpose of land clearing, construction or right-of-way maintenance must be conducted at least 1,000 feet away from all occupied structures, not just residential dwellings. Any distance less than 1,000 feet must be specifically reviewed and, if deemed appropriate, approved by the Director. EPA believes the amount of distance required is unrelated to attainment or maintenance of the NAAQS, and thus is appropriately left to the State’s discretion. Paragraph (5)(a)13 (previously (5)(a)14) provides seven conditions that must all be met before anyone may conduct ‘‘[o]pen burning of vegetative material for the purpose of land clearing using an air curtain destructor.’’ The revision removes the ‘‘Georgia Forestry Office’’ as one of the entities that may be required to authorize such burning under the first condition at subparagraph (5)(a)13(i). As revised, authorization for such burning must be obtained, if required, from the fire department having local jurisdiction but is not required from the Georgia Forestry Office. EPA believes this revision is within the State’s discretion. The revision also adds a new condition, subparagraph (5)(a)13(viii), stating that ‘‘[t]he air curtain destructor cannot be fired before 10:00 a.m. and the fire must be completely extinguished, using water or by covering with dirt, at least one hour before sunset.’’ Thus, the burning of vegetative material for the purpose of land clearing using an air curtain destructor must be limited to daytime hours. This approach is more protective of air quality because it allows less time each day for the burning of vegetative VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 material and enables better oversight by enforcement personnel. Subsection 391–3–1–.02(5)(b) provides specific county restrictions to implement more stringent limitations on open burning in the counties that were previously part of the Atlanta nonattainment area for the 1997 8-hour ozone NAAQS. GA EPD’s April 11, 2003, revision moves the counties of Bartow, Carroll, Hall, Newton, Spalding, and Walton from paragraph (b)2 to paragraph (b)1 (and thus deletes paragraph (b)2) and makes administrative edits to reflect the adopted changes in the allowed types of open burning listed in subsection (5)(a). This is an administrative change that will not impact air quality. The SIP revision also deletes from paragraph (b)4 (renumbered as (b)3) a statement which provides the Division with authority to allow additional types of open burning if it can be demonstrated that adequate disposal facilities are not reasonably available. EPA proposes to approve this revision because it strengthens the SIP by disallowing additional types of open burning currently allowed in some circumstances under the specific county open burning restrictions of subsection (5)(b). The submittal also includes a revision that would delete the following provision from subsection (5)(c): ‘‘A written notification to a person of a violation at one site shall be considered adequate notice of the rules and regulations and subsequently observed violations by the same person at the same or different site will result in immediately appropriate legal action by the Director.’’ EPA is not proposing to act on this deletion because the provision was never approved into the SIP. The SIP revision also removes subsection (5)(e) of the State’s Open Burning Rule, which prohibits open burning during an ‘‘air pollution episode,’’ defined at Rule 391–3–1–.04 as a condition that could ‘‘lead to a substantial threat to the health of persons in the specific area affected.’’ Georgia has separate state-adopted regulations establishing three levels of an air pollution episode: ‘‘Alert,’’ ‘‘Warning,’’ and ‘‘Emergency.’’ The lowest level, ‘‘Alert,’’ occurs at 0.17 parts per million (ppm) over an 8-hour average for ozone; 150 micrograms per cubic meter (mg/m3) over a 24-hour average for PM2.5; and 350 mg/m3 over a 24-hour average for PM10.15 15 Georgia’s adopted air pollutant concentration thresholds for the ‘‘Alert,’’ ‘‘Warning,’’ and ‘‘Emergency’’ levels are not in the State’s federally- PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 3357 In this action, EPA is proposing to approve removal of the prohibition on open burning during an air pollution episode at Rule 391–3–1–.02(5)(e), which currently states: ‘‘During an air pollution episode declared by the proper authorities, no open burning of any kind shall be permitted unless open burning is required in the performance of an official duty of any public office, or a fire is necessary to thwart or prevent a hazard which cannot be properly managed by any other means, or is necessary for the protection of public health.’’ In comparison with the NAAQS, the ‘‘Alert’’ levels under the State’s Air Pollution Episode rule are 2.3 times the ozone and PM NAAQS levels or greater. In other words, an exceedance of the NAAQS would occur well before the concentration of air contaminants gets high enough for an air pollution episode declaration, meaning a ban on open burning during an episode, by definition, cannot impact attainment or maintenance of the NAAQS. Further, there have been only a few instances of pollutant levels above the Alert threshold in Georgia,16 and no recorded declaration of an air pollution episode. And as discussed below, EPA notes the State has ample authority to implement an open burning ban to the extent needed to protect public health. For these reasons, EPA believes that removal of Rule 391–3–1–.02(5)(e) from the SIP is consistent with the CAA, including section 110(l) of the Act, and its implementing regulations. EPA also notes that removal of this provision will not impact the State’s separate ‘‘emergency powers’’ authority under section 110(a)(2)(G) of the Act. That provision requires the SIP to include ‘‘emergency powers’’ to restrain pollution sources presenting an imminent and substantial endangerment to public health or welfare, or the environment. EPA has previously approved Georgia Air Quality Act § 12– 9–14 as satisfying the State’s section 110(a)(2)(G) obligations. Thus, removal of Rule 391–3–1–.02(d) will not impact this separate applicable requirement. III. Incorporation by Reference In this rule, EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is approved SIP, but are available on the State’s website at https://epd.georgia.gov/existing-rulesand-corresponding-laws. 16 EPA conducted a review of historical data and identified two exceedances of the PM2.5 and PM10 threshold. The ‘‘Georgia Emergency Response Memo’’ and associated attachments are in the docket for this action. E:\FR\FM\12FEP1.SGM 12FEP1 3358 Federal Register / Vol. 84, No. 29 / Tuesday, February 12, 2019 / Proposed Rules proposing to incorporate by reference the GA EPD Rule 391–3–1–.02(2)(nnn)— NOX Emissions from Large Stationary Gas Turbines which revises emissions limits for some large stationary gas turbines and Rule 391–3–1–.02(5)— Open Burning, which revises the State’s open burning rules, state effective March 26, 2003. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). IV. Proposed Action EPA is proposing to approve portions of Georgia’s April 11, 2003, submittal. Specifically, EPA is proposing to approve the changes to GA EPD Rule 391–3–1–.02(2)(nnn)—NOX Emissions from Large Stationary Gas Turbines and Rule 391–3–1–.02(5)—Open Burning. EPA believes that these proposed changes to the regulatory portion of the SIP are consistent with section 110 of the CAA and meet the regulatory requirements pertaining to SIPs. EPA also believes that these proposed changes are specifically consistent with CAA section 110(l), which states that the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. 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. See 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. 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 Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions VerDate Sep<11>2014 18:15 Feb 11, 2019 Jkt 247001 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 (Public Law 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). The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by preference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: December 21, 2018. Mary S. Walker, Acting Regional Administrator, Region 4. [FR Doc. 2019–02066 Filed 2–11–19; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0617; FRL–9989–40– Region 4] Air Plan Approval; GA: NonInterference Demonstration and Maintenance Plan Revision for Federal Low-Reid Vapor Pressure Requirement in the Atlanta Area Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision that would support a change to the Federal Reid Vapor Pressure (RVP) requirements in 13 counties in Atlanta, Georgia. They comprise the following counties: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale (the ‘‘Atlanta fuel volatility Area’’). The Atlanta fuel volatility Area is a subset of the Atlanta 15-county 2008 8-hour ozone maintenance area. The 15-county 2008 8-hour ozone maintenance area is comprised of the following counties: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale (the ‘‘Atlanta maintenance Area’’). This proposed approval is based in part on EPA’s analysis of whether the SIP revision would interfere with the 15county Atlanta maintenance Area’s ability to meet the requirements of the Clean Air Act (CAA or Act). On August 15, 2018, Georgia through the Georgia Environmental Protection Division (GA EPD), submitted a noninterference demonstration to support its SIP revision requesting that EPA relax the federal RVP requirements for the Atlanta fuel volatility Area. This SIP revision updates Georgia’s 2008 8-hour ozone maintenance plan for the 15county Atlanta maintenance Area and its emissions inventory, the associated motor vehicle emissions budgets (MVEBs) and includes measures to offset the emissions increases expected from the relaxation of the federal RVP requirements. Georgia’s noninterference demonstration concludes that relaxing the federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Atlanta fuel volatility Area would not interfere with attainment or maintenance of any national ambient air quality standards SUMMARY: E:\FR\FM\12FEP1.SGM 12FEP1

Agencies

[Federal Register Volume 84, Number 29 (Tuesday, February 12, 2019)]
[Proposed Rules]
[Pages 3354-3358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02066]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2006-0651; FRL-9989-27-Region 4]


Air Plan Approval; GA; Miscellaneous Revisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the Georgia State Implementation Plan (SIP) 
submitted by the State of Georgia, through the Georgia Environmental 
Protection Division (GA EPD) of the Department of Natural Resources, on 
April 11, 2003. EPA is proposing to approve portions of a SIP revision 
which include changes to Georgia's rules regarding emissions standards 
and open burning. This action is being proposed pursuant to the Clean 
Air Act (CAA or Act) and its implementing regulations.

DATES: Written comments must be received on or before March 14, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2006-0651 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960, or Joel Huey, Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 
30303-8960. Mr. Wong can be reached by telephone at (404) 562-8726 or 
via electronic mail at wong.richard@epa.gov. Mr. Huey can be reached by 
telephone at (404) 562-9104 or via electronic mail at 
huey.joel@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 11, 2003, GA EPD submitted a SIP revision to EPA for 
approval that involves changes to Georgia's SIP regulations. In this 
action, EPA is proposing to approve the portions of the Georgia 
submission that make changes to Georgia's Rule 391-3-1-.02(2)(nnn)--NOX 
Emissions from Large Stationary Gas Turbines and Rule 391-3-1-.02(5)--
Open Burning.\1\ EPA is not

[[Page 3355]]

acting on the following three other portions of GA EPD's April 11, 
2003, submittal at this time. On October 21, 2009, GA EPD submitted a 
letter withdrawing from the submittal a proposed revision to Georgia 
Rule 391-3-1-.02(2)(qqq)--Volatile Organic Compound From Extruded 
Polystyrene Products Manufacturing Utilizing a Blowing Agent.\2\ On 
January 5, 2017 (82 FR 1206), EPA approved changes to Rule 391-3-
1-.01--Definitions that were included in the April 11, 2003, submittal. 
On April 16, 2018 (83 FR 16276), EPA published a proposed rulemaking 
for Rule 391-3-1-.03(11)(b)--Permit by Rule Standards that was included 
in the April 11, 2003, submittal.
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    \1\ On August 31, 2018, GA EPD submitted a letter (included in 
the docket for this action) withdrawing from the submittal a 
proposed revision to Georgia Rule 391-3-1-.02(5)(d) that would 
provide exceptions to the 40 percent opacity limit on open burning.
    \2\ The October 21, 2009, letter is included in the docket for 
this action.
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II. Analysis of State's Submittal

A. Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas 
Turbines

    EPA is proposing to approve a change to Rule 391-3-1-.02(2)(nnn)--
NOX Emissions from Large Stationary Gas Turbines (henceforth, Rule 
(nnn)), which applies to stationary gas turbines with a maximum 
potential output of greater than 25 megawatts. This rule was originally 
approved into the Georgia SIP on July 10, 2001 (66 FR 35906), as one of 
several rules adopted as part of GA EPD's 1-hour ozone attainment 
demonstration for the Atlanta nonattainment area (Atlanta Area).
    Paragraph 1 of Rule (nnn) establishes nitrogen oxides 
(NOX) emission limits for the subject gas turbines in a 45-
county area that includes and extends beyond the thirteen counties of 
the previous Atlanta, Georgia, 1979 1-hour ozone maintenance area.\3\ 
Paragraph 2 of the rule provides that these limits apply during the 
``ozone season'' period of May 1 through September 30 of each year.
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    \3\ Thirteen counties of the Atlanta Area were designated 
nonattainment for the 1979 1-hour ozone NAAQS on November 6, 1991 
(56 FR 56694) and redesignated to attainment effective June 14, 2005 
(70 FR 34660).
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    For existing units, paragraph 5 of Rule (nnn) allowed a source 
owner or operator to petition the Director, by May 1, 2003, for a 
change to the rule in case a source is unable to meet the 
NOX emission limits of paragraph 1 through combustion 
modifications. Georgia Power, in a 2002 letter to GA EPD,\4\ specified 
certain combustion turbine units at four sources that would not be able 
to meet the emission limits in paragraph 1 because either emission 
reduction technologies failed to achieve compliance with the 
NOX limit of the rule or because compliance proved to be 
prohibitively expensive. Those units are Unit 6 at Plant Bowen, Units 
3A and 3B at Plant McDonough, Units 5A and 5B at Plant Atkinson, and 
Unit 5A at Plant Wansley. As a result, GA EPD's April 11, 2003, SIP 
revision adds to Rule (nnn) a new paragraph 7, which provides an 
exemption from the rule for the units that Georgia Power determined 
were unable to comply with the NOX limits of paragraph 1 and 
were therefore taken out of normal service during ozone season. On 
April 10, 2018, GA EPD informed EPA that only two sources remain 
affected by this exemption.\5\
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    \4\ See Charles H. Huling, Georgia Power, to Harold F. Reheis, 
GA EPD, August 23, 2002, included in GA EPD's April 11, 2003, SIP 
submittal.
    \5\ The two sources are Plant McDonough (combustion turbines 3A 
(CT5M and CT6M) and 3B (CT7M and CT8M) and Plant Wansley (combustion 
turbine 5A), as stated in an email from GA EPD to EPA on April 10, 
2018. The email is included in the docket for this action.
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    Paragraph 7 of Rule (nnn) provides that units are exempt from the 
provisions of the rule if they only operate up to three hours per month 
for maintenance purposes or under emergency conditions. Thus, such 
units are to be maintained in an operational condition for the purpose 
of being available to operate during emergency situations and for 
normal operation outside of ozone season. If an owner or operator were 
to choose to operate in excess of the paragraph 7 limitations, the unit 
would be required to comply with the NOX emission limits of 
paragraph 1 and could no longer avail itself of the exemption provided 
by paragraph 7.
    EPA is proposing to find that the revisions to paragraph 7 to Rule 
(nnn) are consistent with the CAA, including Section 110(l) of the Act, 
because the changes will result in reduced overall emissions from the 
exempted units. This is because the rule restricts the operation of the 
subject units during ozone season to only limited circumstances--for 
short periods of time for the purposes of maintenance and for emergency 
situations--rather than being able to operate continuously for the 
generation of electricity for sale. Under the existing approved rule, 
these units are allowed to operate, in compliance with the 
NOX emission limits of paragraph 1, for up to 3,672 hours 
during the ozone season (153 ozone season days multiplied by 24 hours 
per day). Under the paragraph 7 exemption from the NOX 
emissions limits, these units are allowed to operate only up to 15 
hours during ozone season (3 hours per month multiplied by 5 ozone 
season months) for maintenance purposes, and only temporarily for 
emergency purposes.
    On December 14, 2006, GA EPD submitted supplemental information 
with an evaluation of emission rates under the new subparagraph 7. That 
correspondence, which is included in the docket for this rulemaking, 
shows Georgia's analysis of the maximum allowable NOX 
emission rate based on the existing paragraph 1 in comparison to the 
maximum allowable emissions for maintenance purposes under paragraph 7. 
As shown in the table on page 3 of GA EPD's analysis, the allowable 
NOX emissions based on operation for maintenance purposes 
under paragraph 7 are significantly less than the allowable 
NOX emissions under the existing paragraph 1--less than two 
percent of previously allowable emissions. Indeed, since 2008, data 
from EPA's Air Markets Program Data (https://ampd.epa.gov/ampd/) shows 
the highest annual NOX emissions reported for these units is 
less than 0.5 ton.
    Paragraph 7 limits the use of these units to two types of emergency 
situations. First, the units may be used ``For the purpose of 
restarting the steam-electric generating units when all steam-electric 
generating units at a facility are down and off-site power is not 
available (also known as a `Black Start').'' A ``Black Start'' occurs 
in the rare circumstance that there is a system-wide power failure and 
these combustion turbine units are temporarily started up to provide 
the necessary power within the facility to re-start other units for the 
purposes of electricity production for the grid. In an April 10, 2018 
email, GA EPD informed EPA that, since the time that Georgia adopted 
paragraph 7, these combustion turbine units have not been started up 
for the emergency purpose of a Black Start.\6\
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    \6\ The GA EPD email of April 10, 2018, is available in the 
docket for this action.
---------------------------------------------------------------------------

    Second, paragraph 7 allows these units to be used ``When power 
problems on the grid would necessitate implementing manual load 
shedding procedures for retail customers.'' ``Manual load shedding,'' 
as described by GA EPD, is a procedure used when Georgia Power directs 
power consumers to minimize or stop electric consumption, which can 
occur in conjunction with brownouts.\7\ Such a procedure could be used 
in an attempt to rebalance power in the grid and avoid

[[Page 3356]]

a system-wide power failure. Under paragraph 7, these combustion 
turbine units could be used in this emergency situation to ensure 
continued power production at a level sufficient to meet grid demand, 
thus obviating the need to reduce or stop power to consumers through 
manual load shedding procedures. Since the time that Georgia adopted 
paragraph 7, manual load shedding procedures have occurred 
infrequently,\8\ and such events do not necessarily require the start-
up of an emergency combustion turbine in all cases.
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    \7\ Brownout is a voltage reduction by power companies during a 
period of high electricity demand to prevent system overload and 
thus avoid a potential blackout.
    \8\ See GA EPD email of April 10, 2018.
---------------------------------------------------------------------------

    Section 110(l) provides that ``the Administrator shall not approve 
a revision of a plan if the revision would interfere with any 
applicable requirement concerning attainment and reasonable further 
progress (as defined in section 171), or any other applicable 
requirement of this Act.'' This proposed SIP revision is consistent 
with these requirements because potential NOX emissions for 
maintenance under the new paragraph 7 are significantly less than 
potential emissions of a unit generating electricity for sale 
continuously during the 153-day ozone season. In addition, based upon 
the limited types of emergency use allowed under the rule and the 
actual operational history and emissions of these units,\9\ EPA 
believes that start-up of these units for emergency purposes is 
unlikely during any particular ozone season and that any such use that 
might occur would be brief. Accordingly, EPA is proposing to approve 
the amendment to Rule (nnn) from GA EPD's April 11, 2003, submittal.
---------------------------------------------------------------------------

    \9\ A summary of the NOX emissions from the affected 
sources for the past 10 years is included in the docket for this 
action.
---------------------------------------------------------------------------

B. Rule 391-3-1-.02(5)--Open Burning

    GA EPD's April 11, 2003, submittal makes several changes to the 
State's Open Burning rule at Rule 391-3-1-.02(5). This rule bans open 
burning in the State of Georgia with the exception of several specific 
types of open burning listed at subsection (5)(a).\10\ In its 
submittal, GA EPD explains that the purpose of the changes is to make 
the rule consistent with current interpretation, implementation, and 
enforcement.
---------------------------------------------------------------------------

    \10\ The submittal revises the definition of ``slash burning'' 
at paragraph (5)(e)2 (formerly (5)(f)2). However, EPA is not acting 
on this change because the State deleted the term from the Rule in a 
later submittal of November 6, 2006, which EPA has already approved. 
See 75 FR 6309 (February 9, 2010).
---------------------------------------------------------------------------

    GA EPD's submittal revises paragraph (5)(a)6, which provides an 
exclusion from the open burning ban for ``Fires set for purposes of 
training fire-fighting personnel when authorized by the appropriate 
governmental entity and the guidelines set forth by the Director are 
strictly observed.'' The submittal revises this exclusion from the open 
burning ban by deleting the ending phrase, ``and the guidelines set 
forth by the Director are strictly observed.'' However, the State's 
``guidelines set forth by the Director'' apply to acquired structure 
burns, which as discussed below, are now part of the authorization 
process for the new standalone exclusion from the open burning ban at 
paragraph (5)(a)7. Therefore, the State has removed this phrase from 
paragraph (5)(a)6.
    The submittal adds a standalone exemption from the open burning ban 
at paragraph (5)(a)7 for ``[a]cquired structure burn,'' which is 
defined as ``the burning of a house, building or structure for the 
exclusive purpose of providing training to the fire-fighting personnel 
or arson investigators.'' \11\ See Georgia Rule 391-3-1-.02(5)(e)(3). 
Under the rule, an acquired structure burn may only be conducted after 
an Authorization to Burn certificate has been issued by the Division. 
EPA notes that acquired structure burn activities were previously 
exempted from the open burning ban throughout the State, with some 
limitations, under Rule 391-3-1-.02(5)(a)(6) (previously (a)(7)). 
However, GA EPD has pulled ``acquired structure burns'' out as a 
standalone exemption to further restrict them during ozone season in 
the 45 counties encompassing and surrounding the (former) Atlanta ozone 
1-hour nonattainment area.\12\ EPA is proposing to approve the addition 
of ``acquired structure burns'' as a standalone exemption from the open 
burning ban because it was already exempted under the existing SIP-
approved rule as part of training to the fire-fighting personnel under 
paragraph (5)(a)6. As a standalone exemption, it is now specifically 
banned during ozone season in the 45 counties of the Atlanta Area under 
Rule 391-3-1-.02(5)(b). Also, conducting an acquired structure burn 
requires an Authorization to Burn certificate, which includes the 
``guidelines set forth by the Director'' that were also previously 
included in paragraph (5)(a)6.\13\ In addition, EPA notes that because 
acquired structure burns are no longer allowed in the 45-county area 
surrounding the Atlanta Area during ozone season, this change will 
prevent them from having an adverse impact on the seven counties of the 
only current nonattainment area in the State.\14\ Taken together, the 
exclusions at paragraphs (5)(a)6 and (5)(a)7 retain the exemption for 
fires set for purposes of training fire-fighting personnel, provided 
that proper authorization has been obtained, but now prohibit acquired 
structure burns during the ozone season in 45 counties of the Atlanta 
Area.
---------------------------------------------------------------------------

    \11\ EPA has already approved changes to the definition for 
``[a]cquired structure burn'' at paragraph (5)(e)3. See 70 FR 50199 
(August 26, 2005).
    \12\ See Rule 391-3-1-.02(5)(b), which limits the categories of 
open burning allowed in the 45-county area.
    \13\ The ``guidelines set forth by the Director'' are provided 
in the memorandum ``Guidance for Acquired Structure for Live Fire 
Training'' from GA EPD to Georgia Fire Department Chiefs and 
Personnel, July 13, 2016, downloaded from https://epd.georgia.gov/air/acquired-structure-burn-information on September 14, 2018, and 
included in the docket for this rulemaking.
    \14\ On June 4, 2018, EPA designated the counties of Bartow, 
Cobb, Clayton, DeKalb, Fulton, Gwinnett and Henry as nonattainment 
for the 2015 8-hour ozone national ambient air quality standards 
(NAAQS). See 83 FR 25776.
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    The submittal also removes the following two types of open burning 
from the list of activities at subsection (5)(a) that are excluded from 
the open burning ban: (1) ``Destruction of combustible demolition or 
construction materials either on site or transported to a burning 
facility upon approval by the Director, unless prohibited by local 
ordinance and/or regulation'' (subparagraph (5)(a)3); and (2) ``Setting 
and maintenance by contractors and tradesmen of miscellaneous small 
fires necessary to such activities as street-paving work installation 
or repair of utilities, provided that such fires are kept small in 
size, no smoke emissions exceed 40 percent opacity, and that local 
ordinances and regulations do not prohibit such actions'' (subparagraph 
(5)(a)11). Since these two types of open burning would no longer be 
excluded from the State's open burning ban, they would be prohibited in 
the State, and this strengthens protection of air quality.
    GA EPD's submittal revises another existing exclusion at paragraph 
(5)(a)8, where the exclusion for ``Disposal of tree limbs from storm 
damage'' is changed to ``Disposal of vegetative debris from storm 
damage.'' EPA believes the change from ``tree limbs'' to ``vegetative 
debris'' is minimal and will have no impact on air quality.
    Paragraph (5)(a)11 (previously (5)(a)12) provides an exception to 
the open burning ban in ``other than predominantly residential areas 
for the purpose of land clearing or construction or right-of-way 
maintenance provided the following [five] conditions are met.'' The 
second condition that must be met for this type of open burning to be 
allowed is that ``[t]he location of the

[[Page 3357]]

burning is at least 1,000 feet from any dwelling located in a 
predominately residential area.'' Two changes are made here. The 
revised language (1) removes the limitation of this exception to 
``other than predominantly residential areas,'' and (2) changes the 
second condition that must be met such that rather than requiring this 
type of burning occur at least 1,000 feet from any ``dwelling located 
in a predominantly residential area,'' the rule requires it to occur at 
least 1,000 feet from any ``occupied structure, or lesser distance if 
approved by the Division.'' Thus, the revised rule establishes a 
minimum distance required from all occupied structures (e.g., schools, 
work places and shops), not just residential area dwellings, and 
provides that the GA EPD Director may approve lesser distances as 
evaluated and deemed appropriate. The revised language is more 
protective of air quality because it requires that burning for the 
purpose of land clearing, construction or right-of-way maintenance must 
be conducted at least 1,000 feet away from all occupied structures, not 
just residential dwellings. Any distance less than 1,000 feet must be 
specifically reviewed and, if deemed appropriate, approved by the 
Director. EPA believes the amount of distance required is unrelated to 
attainment or maintenance of the NAAQS, and thus is appropriately left 
to the State's discretion.
    Paragraph (5)(a)13 (previously (5)(a)14) provides seven conditions 
that must all be met before anyone may conduct ``[o]pen burning of 
vegetative material for the purpose of land clearing using an air 
curtain destructor.'' The revision removes the ``Georgia Forestry 
Office'' as one of the entities that may be required to authorize such 
burning under the first condition at subparagraph (5)(a)13(i). As 
revised, authorization for such burning must be obtained, if required, 
from the fire department having local jurisdiction but is not required 
from the Georgia Forestry Office. EPA believes this revision is within 
the State's discretion. The revision also adds a new condition, 
subparagraph (5)(a)13(viii), stating that ``[t]he air curtain 
destructor cannot be fired before 10:00 a.m. and the fire must be 
completely extinguished, using water or by covering with dirt, at least 
one hour before sunset.'' Thus, the burning of vegetative material for 
the purpose of land clearing using an air curtain destructor must be 
limited to daytime hours. This approach is more protective of air 
quality because it allows less time each day for the burning of 
vegetative material and enables better oversight by enforcement 
personnel.
    Subsection 391-3-1-.02(5)(b) provides specific county restrictions 
to implement more stringent limitations on open burning in the counties 
that were previously part of the Atlanta nonattainment area for the 
1997 8-hour ozone NAAQS. GA EPD's April 11, 2003, revision moves the 
counties of Bartow, Carroll, Hall, Newton, Spalding, and Walton from 
paragraph (b)2 to paragraph (b)1 (and thus deletes paragraph (b)2) and 
makes administrative edits to reflect the adopted changes in the 
allowed types of open burning listed in subsection (5)(a). This is an 
administrative change that will not impact air quality. The SIP 
revision also deletes from paragraph (b)4 (renumbered as (b)3) a 
statement which provides the Division with authority to allow 
additional types of open burning if it can be demonstrated that 
adequate disposal facilities are not reasonably available. EPA proposes 
to approve this revision because it strengthens the SIP by disallowing 
additional types of open burning currently allowed in some 
circumstances under the specific county open burning restrictions of 
subsection (5)(b).
    The submittal also includes a revision that would delete the 
following provision from subsection (5)(c): ``A written notification to 
a person of a violation at one site shall be considered adequate notice 
of the rules and regulations and subsequently observed violations by 
the same person at the same or different site will result in 
immediately appropriate legal action by the Director.'' EPA is not 
proposing to act on this deletion because the provision was never 
approved into the SIP.
    The SIP revision also removes subsection (5)(e) of the State's Open 
Burning Rule, which prohibits open burning during an ``air pollution 
episode,'' defined at Rule 391-3-1-.04 as a condition that could ``lead 
to a substantial threat to the health of persons in the specific area 
affected.'' Georgia has separate state-adopted regulations establishing 
three levels of an air pollution episode: ``Alert,'' ``Warning,'' and 
``Emergency.'' The lowest level, ``Alert,'' occurs at 0.17 parts per 
million (ppm) over an 8-hour average for ozone; 150 micrograms per 
cubic meter ([mu]g/m\3\) over a 24-hour average for PM2.5; 
and 350 [mu]g/m\3\ over a 24-hour average for PM10.\15\
---------------------------------------------------------------------------

    \15\ Georgia's adopted air pollutant concentration thresholds 
for the ``Alert,'' ``Warning,'' and ``Emergency'' levels are not in 
the State's federally-approved SIP, but are available on the State's 
website at https://epd.georgia.gov/existing-rules-and-corresponding-laws.
---------------------------------------------------------------------------

    In this action, EPA is proposing to approve removal of the 
prohibition on open burning during an air pollution episode at Rule 
391-3-1-.02(5)(e), which currently states: ``During an air pollution 
episode declared by the proper authorities, no open burning of any kind 
shall be permitted unless open burning is required in the performance 
of an official duty of any public office, or a fire is necessary to 
thwart or prevent a hazard which cannot be properly managed by any 
other means, or is necessary for the protection of public health.'' In 
comparison with the NAAQS, the ``Alert'' levels under the State's Air 
Pollution Episode rule are 2.3 times the ozone and PM NAAQS levels or 
greater. In other words, an exceedance of the NAAQS would occur well 
before the concentration of air contaminants gets high enough for an 
air pollution episode declaration, meaning a ban on open burning during 
an episode, by definition, cannot impact attainment or maintenance of 
the NAAQS. Further, there have been only a few instances of pollutant 
levels above the Alert threshold in Georgia,\16\ and no recorded 
declaration of an air pollution episode. And as discussed below, EPA 
notes the State has ample authority to implement an open burning ban to 
the extent needed to protect public health. For these reasons, EPA 
believes that removal of Rule 391-3-1-.02(5)(e) from the SIP is 
consistent with the CAA, including section 110(l) of the Act, and its 
implementing regulations.
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    \16\ EPA conducted a review of historical data and identified 
two exceedances of the PM2.5 and PM10 
threshold. The ``Georgia Emergency Response Memo'' and associated 
attachments are in the docket for this action.
---------------------------------------------------------------------------

    EPA also notes that removal of this provision will not impact the 
State's separate ``emergency powers'' authority under section 
110(a)(2)(G) of the Act. That provision requires the SIP to include 
``emergency powers'' to restrain pollution sources presenting an 
imminent and substantial endangerment to public health or welfare, or 
the environment. EPA has previously approved Georgia Air Quality Act 
Sec.  12-9-14 as satisfying the State's section 110(a)(2)(G) 
obligations. Thus, removal of Rule 391-3-1-.02(d) will not impact this 
separate applicable requirement.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is

[[Page 3358]]

proposing to incorporate by reference the GA EPD Rule 391-3-
1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas Turbines which 
revises emissions limits for some large stationary gas turbines and 
Rule 391-3-1-.02(5)--Open Burning, which revises the State's open 
burning rules, state effective March 26, 2003. EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and at the EPA Region 4 office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve portions of Georgia's April 11, 2003, 
submittal. Specifically, EPA is proposing to approve the changes to GA 
EPD Rule 391-3-1-.02(2)(nnn)--NOX Emissions from Large Stationary Gas 
Turbines and Rule 391-3-1-.02(5)--Open Burning. EPA believes that these 
proposed changes to the regulatory portion of the SIP are consistent 
with section 110 of the CAA and meet the regulatory requirements 
pertaining to SIPs. EPA also believes that these proposed changes are 
specifically consistent with CAA section 110(l), which states that the 
Administrator shall not approve a revision of a plan if the revision 
would interfere with any applicable requirement concerning attainment 
and reasonable further progress (as defined in CAA section 171), or any 
other applicable requirement of the Act.

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. See 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. 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 Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     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 (Public Law 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).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000), nor will it impose substantial direct 
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
preference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

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

    Dated: December 21, 2018.
Mary S. Walker,
Acting Regional Administrator, Region 4.
[FR Doc. 2019-02066 Filed 2-11-19; 8:45 am]
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