[Federal Register Volume 77, Number 147 (Tuesday, July 31, 2012)]
[Proposed Rules]
[Pages 45307-45319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18649]
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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.
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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: [email protected].
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 http://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 [email protected].
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).
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\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.
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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.
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\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.
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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:
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Group Federal Register published SIP due
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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.
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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.
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\3\ Georgia met some of the Group I CTG requirements through SIP
revisions submitted to EPA prior to November 13, 1992.
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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.
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\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.
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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\
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\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.
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\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.
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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