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Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program

American Government Special Collections Reference Desk

American Government

Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program

Heather McTeer Toney
Environmental Protection Agency
September 24, 2015

[Federal Register Volume 80, Number 185 (Thursday, September 24, 2015)]
[Rules and Regulations]
[Pages 57537-57538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24094]

[[Page 57537]]



40 CFR Part 52

[EPA-R04-OAR-2015-0114; FRL-9934-52-Region 4]

Approval and Promulgation of Implementation Plans; Georgia; 
Removal of Clean Fuel Fleet Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.


SUMMARY: The Environmental Protection Agency (EPA) is approving changes 
to the Georgia State Implementation Plan (SIP) that were submitted by 
the State of Georgia, through the Georgia Environmental Protection 
Division (GA EPD), on January 22, 2015, for the purpose of moving the 
Clean Fuel Fleet Program (CFFP) from the active portion of the Georgia 
SIP to the contingency measures portion of the maintenance plan for the 
Atlanta Area for the 1997 8-hour ozone national ambient air quality 
standards (NAAQS). EPA has determined that Georgia's January 22, 2015, 
SIP revision regarding the CFFP is approvable because it is consistent 
with the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0114. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section (formerly Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
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 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. 
Sheckler's phone number is (404) 562-9222. She can also be reached via 
electronic mail at sheckler.kelly@epa.gov.


I. Background

    On January 22, 2015, GA EPD submitted a SIP revision to EPA with a 
request to move Georgia's CFFP rules (Georgia Rules 391-3-22-.01 
through .11) \1\ From the active portion of the Georgia SIP to the 
contingency measures portion of the ozone maintenance plan for the 
Atlanta Area for the 1997 8-hour ozone NAAQS.\2\ EPA incorporated this 
maintenance plan into the SIP in a final action published on December 
2, 2013. See 78 FR 72040.

    \1\ The CFFP is addressed in Title II, part C of the CAA. See 
CAA sections 241-250. Congress added Part C, entitled ``Clean Fuel 
Vehicles,'' to the CAA to establish two programs: a clean-fuel 
vehicle pilot program in the State of California (the California 
Pilot Test Program), and a CFFP in certain ozone and carbon monoxide 
nonattainment areas. Under section 246 of the CAA, certain states 
were required to adopt and submit to EPA a SIP revision containing a 
CFFP for ozone nonattainment areas with a 1980 population greater 
than 250,000 that were classified as serious, severe, or extreme. On 
May 2, 1994, the State of Georgia submitted a SIP revision to 
address the CFFP requirements for the Atlanta 1-Hour Ozone Area. EPA 
approved that SIP revision, containing Georgia's CFFP rules, in a 
notice published on May 2, 1994. See 60 FR 66149.
    \2\ On April 30, 2004, EPA designated the following 20 counties 
in and around metropolitan Atlanta as a marginal nonattainment area 
for the 1997 8-hour ozone NAAQS (referred to as the ``Atlanta 1997 
8-Hour Ozone Area''): Barrow, Bartow, Carroll, Cherokee, Clayton, 
Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, 
Hall, Henry, Newton, Paulding, Rockdale, Spalding, and Walton. See 
69 FR 23858. EPA reclassified this same area as a moderate 
nonattainment area on March 6, 2008, because the Area failed to 
attain the 1997 8-hour ozone NAAQS by the required attainment date 
of June 15, 2007. See 73 FR 12013. Subsequently, the area attained 
the 1997 8-hour ozone standard, and on December 2, 2013, EPA 
redesignated the area to attainment for the 1997 8-hour ozone NAAQS 
and approved the associated maintenance plan into the SIP. See 78 FR 

    On July 24, 2015, EPA published a proposed rulemaking to approve 
Georgia's January 22, 2015, SIP revision related to the CFFP based, in 
part, on EPA's preliminary finding that the SIP revision satisfies the 
anti-backsliding requirements of EPA's ozone implementation rules and 
the CAA section 110(l) requirements. The details of Georgia's submittal 
and the rationale for EPA's action are explained in that notice of 
proposed rulemaking. See 80 FR 44014. The comment period for the 
proposed rulemaking closed on August 24, 2015. EPA did not receive any 
comments, adverse or otherwise, during the public comment period.

II. Final Action

    EPA is taking final action to approve the SIP revision submitted by 
Georgia on January 22, 2015, to move Georgia's CFFP rules (Georgia 
Rules 391-3-22-.01 through .11) from the active portion of Georgia SIP 
to the contingency measures portion of Georgia's maintenance plan in 
the SIP for the 1997 Atlanta 8-hour ozone area. EPA has determined that 
Georgia's January 22, 2015, SIP revision related to the State's CFFP is 
consistent with the CAA and EPA's regulations and guidance.

III. 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. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this 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) and 13563 (76 FR 3821, January 21, 
     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 

[[Page 57538]]

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, 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 
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 23, 2015. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:


1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

2. Section 52.570(c) is amended by revising the entry for ``391-3-22'' 
to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
    State citation          Title/subject      effective date    EPA approval date            Explanation
                                                  * * * * * * *
391-3-22..............  Clean Fueled Fleets..         5/11/14  9/24/15 [Insert        Clean Fueled Fleets rules
                                                                citation of            moved to the contingency
                                                                publication].          measures portion of the
                                                                                       SIP-approved 1997 8-hour
                                                                                       ozone Maintenance Plan
                                                                                       for the Atlanta Area.

* * * * *
[FR Doc. 2015-24094 Filed 9-23-15; 8:45 am]

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