Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program |
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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]]
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ENVIRONMENTAL PROTECTION AGENCY
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.
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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.
SUPPLEMENTARY INFORMATION:
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.
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\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
72040.
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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,
2011);
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
[[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
law.
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.
804(2).
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:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart L--Georgia
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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.
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(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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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.
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[FR Doc. 2015-24094 Filed 9-23-15; 8:45 am]
BILLING CODE 6560-50-P