80 FR 44014 - Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 142 (July 24, 2015)
Federal Register Volume 80, Issue 142 (July 24, 2015)
| Page Range | 44014-44017 | |
| FR Document | 2015-18079 |
[Federal Register Volume 80, Number 142 (Friday, July 24, 2015)] [Proposed Rules] [Pages 44014-44017] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18079] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0114; FRL-9931-03-Region 4] Approval and Promulgation of Implementation Plans; Georgia; Removal of Clean Fuel Fleet Program AGENCY: Environmental Protection Agency. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve 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 preliminarily 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: Written comments must be received on or before August 24, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04- OAR-2015-0114, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: R4-ARMS@epa.gov. 3. Fax: (404) 562-9019. 4. Mail: ``EPA-R04-OAR-2015-0114'' Air Regulatory Management Section (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the 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, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 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 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA-R04-OAR- 2015-0114. 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 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 [[Page 44015]] 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 may not be 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 Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. 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, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 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 for Atlanta's Air Quality Status Related to the 1-Hour Ozone NAAQS On November 6, 1991, EPA designated and classified the following counties in and around the Atlanta, Georgia metropolitan area as a serious ozone nonattainment area for the 1-hour ozone NAAQS (hereinafter referred to as the ``Atlanta 1-Hour Ozone Area''): Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale.\1\ See 56 FR 56694. The nonattainment designation was based on the Atlanta 1-Hour Ozone Area's design value for the 1987-1989 three-year period. The ``serious'' classification triggered various statutory requirements for the Atlanta 1-Hour Ozone Area, including the requirement pursuant to section 182(c)(4) of the CAA for the Area to adopt measures necessary to ensure the effectiveness of the applicable provisions of the CFFP described below in section II of this document. EPA redesignated the Atlanta 1-Hour Ozone Area to attainment for the 1-hour ozone NAAQS, effective June 14, 2005.2 3 See 70 FR 34660. --------------------------------------------------------------------------- \1\ On September 26, 2003 (effective January 1, 2004), the Atlanta 1-Hour Ozone Area was reclassified to ``severe'' for the 1- hour ozone NAAQS because the Area failed to attain the 1-hour ozone NAAQS by its attainment date of November 15, 1999. See 68 FR 55469. \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 (hereinafter 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. Subsequently, 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. See 78 FR 72040. \3\ On May 21, 2012, EPA published a final rule designating the following 15 counties in and around metropolitan Atlanta as a marginal nonattainment area for the 2008 8-hour ozone NAAQS: Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale. --------------------------------------------------------------------------- II. Background for the CFFP 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 (CO) nonattainment areas. EPA promulgated regulations for the CFFP at 40 CFR part 88, subpart C on March 1, 1993. See 58 FR 11888. 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. A state's CFFP SIP revision must require fleet operators with 10 or more centrally-fueled vehicles or vehicles capable of being centrally- fueled to include a specified percentage of clean-fuel vehicles in their purchases each year and to meet additional CAA requirements, including the requirement that covered fleet operators must operate the Clean Fuel Vehicles (CFVs) in covered nonattainment areas on a clean alternative fuel, defined as a fuel on which the vehicle meets EPA's CFV standards. EPA promulgated emission standards for CFVs on September 30, 1994. See 59 FR 50042. 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 (Georgia Rules 391-3-22-.01 through .11, ``Clean Fleet Rules'') in a document published on May 2, 1994. See 60 FR 66149. Georgia's rules require fleets of 10 or more vehicles that are centrally fueled or capable of being centrally fueled and operated in the Atlanta 1-Hour Ozone Area to include in their vehicle purchases a certain percentage of CFVs. A CFV is one which meets any one of the exhaust emission standards for the following vehicle categories: Low emission vehicles (LEV), ultra low emission vehicles (ULEV), and zero emission vehicles (ZEV). Under the CAA and Federal CFFP regulations, vehicles weighing 26,000 pounds (lbs) or less count towards the requirement, and the CFFP purchase requirements started with 1998 model year vehicles under the following phase-in schedule for light-duty vehicles and trucks under 6,000 lbs. Gross Vehicle Weight Rating (GVWR) and light-duty trucks between 6,000 and 8,500 lbs. GVWR: 30 percent CFV in Model Year 1998, 50 percent CFV in Model Year 1999, and 70 percent CFV in Model Year 2000 and after. The phase-in schedule for heavy-duty vehicles weighing above 8,500 lbs but less than 26,001 lbs. GVWR was: 50 percent CFV in Model Year 1998, 50 percent CFV in Model Year 1999, and 50 percent CFV in Model Year 2000 and after. The following vehicles are exempted from these requirements: Motor vehicles for lease or rental to the general public, dealer demonstration vehicles that are used solely for the purpose of promoting motor vehicle sales, emergency vehicles, law enforcement vehicles, nonroad vehicles (farm and construction vehicles), vehicles garaged at a personal residence and not being centrally fueled, and vehicles used for motor vehicle manufacturer product evaluations and tests. III. Analysis of the State's Submittal 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) from the active portion of the Georgia SIP to the contingency measure portion of the ozone maintenance plan for the Atlanta Area for the 1997 8-hour [[Page 44016]] ozone NAAQS.\4\ EPA incorporated this maintenance plan into the SIP in a final action published on December 2, 2013. See 78 FR 72040. In order for EPA to approve Georgia's January 22, 2015, SIP revision, the revision must satisfy the anti-backsliding requirements of EPA's implementation rules for the 2008 8-hour ozone NAAQS \5\ and CAA section 110(l). More discussion on EPA's evaluation of these requirements in relation to Georgia's January 22, 2015, SIP revision is provided below. --------------------------------------------------------------------------- \4\ See footnote 2 for a description of this Area. \5\ See 80 FR 12264 (March 6, 2015). --------------------------------------------------------------------------- A. Consideration of Anti-Backsliding Requirements To support Georgia's request for EPA to move the CFFP from the active portion of the Georgia SIP to the contingency measure portion of the SIP, the State must demonstrate that the requested change is in compliance with EPA's anti-backsliding requirements for ozone. The anti-backsliding requirements for the revoked 1-hour ozone NAAQS were originally promulgated at 40 CFR part 51, subpart X. However, with the promulgation of the implementation rules for the 2008 8-hour ozone NAAQS, EPA moved these requirements to 40 CFR part 50, subpart AA and expanded the provisions to address anti-backsliding requirements for the revoked 1997 8-hour ozone NAAQS and the revoked 1-hour ozone NAAQS in relation to compliance with the 2008 8-hour ozone NAAQS. The CFFP is one of the ``applicable requirements'' for anti- backsliding purposes under EPA's implementation rules for the 2008 8- hour ozone NAAQS ``to the extent such requirements apply to the area pursuant to its classification under CAA section 181(a)(1) for the 1- hour NAAQS or 40 CFR 51.902 for the 1997 8-hour ozone NAAQS at the time of revocation of the 1997 8-hour ozone NAAQS.'' See 40 CFR 51.1100(o). The 1997 8-hour ozone NAAQS was revoked on April 6, 2015. As mentioned above, the Atlanta 1-Hour Ozone Area was redesignated to attainment effective June 14, 2005, the CFFP requirements apply to the Atlanta 1- Hour Ozone Area given its former status as a serious nonattainment area, the 1997 Atlanta 8-hour Ozone Area was redesignated to attainment effective January 2, 2014, and fifteen counties in and around metropolitan Atlanta are currently in nonattainment for the 2008 8-hour ozone NAAQS.\6\ Thus, the CFFP is an applicable requirement, and the anti-backsliding requirements under 40 CFR 51.1105(a)(2) in EPA's implementation rules for the 2008 8-hour ozone NAAQS apply to the Atlanta Area. Pursuant to 40 CFR 51.1105(a)(2), a state may request that an applicable requirement under Sec. 51.1100(o) be moved to the list of maintenance plan contingency measures for the area in the state's implementation plan so long as compliance with CAA section 110(l) and CAA section 193 (if applicable) is demonstrated.\7\ --------------------------------------------------------------------------- \6\ See footnotes 2 and 3 for descriptions of the 1997 and 2008 ozone nonattainment areas, respectively. \7\ Section 193 is a general savings clause pertaining to regulations, standards, rules, notices, orders, and guidance promulgated or issued prior to November 15, 1990. The CFFP was effective on May 22, 1994. Therefore, section 193 is not relevant to this action. --------------------------------------------------------------------------- Today, EPA is proposing to determine that Georgia's January 22, 2014, SIP revision satisfies the anti-backsliding requirements of EPA's ozone implementation rules and the CAA section 110(l) requirements (discussed in detail below) and to move Georgia Rules 391-3-22-.01 through .11 from the active portion of the Georgia SIP to the contingency measures portion of Georgia's maintenance plan in the SIP for the 1997 Atlanta 8-hour Ozone Area. B. Consideration of Section 110(l) Requirements As noted above, the State must demonstrate that the requested change will satisfy section 110(l) of the CAA. Section 110(l) requires that a revision to the SIP not interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171), or any other applicable requirement of the Act. EPA evaluates each section 110(l) noninterference demonstration on a case-by-case basis considering the circumstances of each SIP revision. EPA interprets 110(l) as applying to all NAAQS that are in effect, including those that have been promulgated but for which the EPA has not yet made designations. The degree of analysis focused on any particular NAAQS in a noninterference demonstration varies depending on the nature of the emissions associated with the proposed SIP revision. EPA's analysis of Georgia's January 22, 2015, SIP revision pursuant to section 110(l) is provided below. In 2000, EPA promulgated new tailpipe emissions standards (commonly referred to as the ``Tier 2 Rule'') for all passenger vehicles, including sport utility vehicles (SUVs), minivans, vans, and pick-up trucks. See 65 FR 6698 (February 10, 2000). This regulation marked the first time that SUVs and other light-duty trucks--even the largest passenger vehicles--were subject to the same national pollution standards as cars. The new tailpipe standards were set at an average standard of 0.07 grams per mile (gpm) for nitrogen oxides (NOX ) for all classes of passenger vehicles beginning in 2004-2007. For the heaviest light-duty trucks, the program provided a three step approach to reducing emissions. First, in 2004, EPA implemented standards not to exceed 0.6 gpm--a more than 60 percent reduction from current standards. Second, to ensure further progress, these vehicles were required to achieve an interim standard of 0.2 gpm phased-in between 2004-2007, an 80 percent reduction from current standards. Third, in the final step, half of these vehicles were required to meet the 0.07 standard in 2008, and the remaining were required to comply in 2009. Vehicles weighing between 8,500 and 10,000 pounds had the option to take advantage of additional flexibilities during the 2004 to 2008 interim period. In 2001, EPA promulgated new tailpipe emissions standards (commonly referred to as the ``Heavy Duty Vehicle Rule'') for heavy duty trucks and buses.\8\ See 66 FR 5002 (January 18, 2001). In this regulation, EPA finalized a PM emissions standard for new heavy-duty engines of 0.01 grams per brake-horsepower-hour (g/bhp-hr), to take full effect for diesels in the 2007 model year. EPA also finalized standards for NOX and non-methane hydrocarbons (NMHC) of 0.20 g/bhp-hr and 0.14 g/bhp-hr, respectively. These NOX and NMHC standards were phased in together between 2007 and 2010, for diesel engines. The phase-in was based on a percent-of-sales: 50 percent from 2007 to 2009 and 100 percent in 2010. Gasoline engines were subject to these standards based on a phase-in requiring 50 percent compliance in the 2008 model year and 100 percent compliance in the 2009 model year. Both of the standards discussed above (Tier 2 Rule and Heavy Duty Vehicle Rule) reduce tailpipe emission significantly over the LEV standards. --------------------------------------------------------------------------- \8\ The Heavy Duty Vehicle Rule builds upon the ``phase 1 program'' finalized on October 6, 2000 (65 FR 59896), that affirmed the 50 percent reduction in NOX emissions from 2004 model year highway diesel engines set in 1997 (62 FR 54693, October 21, 1997) and set new emission standards for heavy-duty gasoline fueled engines and vehicles for 2005. --------------------------------------------------------------------------- EPA issued a memorandum on April 17, 2006, noting that after the CFFP requirement became law, EPA promulgated new vehicle emission standards (e.g., Tier 2 Rule and heavy-duty engine standards) that are generally more stringent, or equivalent to, the CFV emission standards for light-duty vehicles, light-duty trucks, and [[Page 44017]] heavy-duty vehicles and engines.\9\ The memorandum also stated that ``[t]o meet the requirements of the Clean Fuel Fleet Program fleet managers can be assured that vehicles and engines certified to current Part 86 emission standards, which EPA has determined to be as or more stringent than corresponding CFV emission standards per the attached EPA Dear Manufacturer Letter meet the CFV emission standards and the CFFP requirements as defined in CFR part 88.'' Further reductions from these same vehicles will be achieved by EPA's newly promulgated Tier 3 emission standards.\10\ --------------------------------------------------------------------------- \9\ Memorandum from Leila H. Cook, EPA Transportation & Regional Programs Division, to Air Program Managers re: Clean Fuel Fleet Program Requirements (April 17, 2006). This memorandum superseded a July 2, 2004, memorandum from Leila H. Cook noting that the Tier 2 standards are equivalent to or cleaner than earlier emission levels mandated by the CFFP. These memoranda are included with the State's SIP revision in the docket for this proposed action. \10\ ``Control of Air Pollution From Motor Vehicles: Tier 3 Motor Vehicle Emission and Fuel Standards.'' See 79 FR 23414 (April 28, 2014). --------------------------------------------------------------------------- In its SIP submission, GA EPD provided an independent analysis of the expected emission benefits of Tier 2 and heavy-duty engine standards over LEV standards.\11\ According to GA EPD's analysis, Tier 2 NOX standards have a benefit over LEV ranging from 0.09 gpm to 0.99 gpm on a per vehicle basis. With regard to the heavy-duty engine standards, GA EPD indicates that there is a benefit of 1.4 grams/brake-horse power per hour for the combination of non-methane hydrocarbons and NOX on a per vehicle basis. --------------------------------------------------------------------------- \11\ See Table 1 of the Georgia's January 22, 2015, SIP revision. --------------------------------------------------------------------------- EPA has preliminarily determined that the removal of the Georgia CFFP will not interfere with attainment or reasonable further progress, or any other applicable requirement of the Act because the emission reductions that were generated by Georgia's CFFP have been overtaken by EPA's Tier 2 Rule and heavy-duty emissions standards. As discussed above, the vehicle emissions standards referenced in EPA's April 17, 2006 memorandum have been fully implemented, thus ensuring that all new vehicle fleet purchases meet CFV standards.\12\ --------------------------------------------------------------------------- \12\ In its January 22, 2015, SIP revision, GA EPD analyzed the annual reports submitted by the fleets for the model years 2001-2004 and 2006 to determine the number of used vehicles purchased and the range of the model years. GA EPD determined that 98 percent of the vehicles purchased are new. Only 2 percent of vehicles are purchased as used. Out of the used vehicles purchased, 80 percent are 2004 and newer models. As a result, only 0.4 percent of vehicles purchased are older than the 2004 model year. --------------------------------------------------------------------------- IV. Proposed Action EPA is proposing to approve Georgia's January 22, 2015, SIP revision and 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 is proposing this approval because the Agency has made the preliminarily determination that Georgia's January 22, 2015, SIP revision is consistent with the CAA and EPA's regulations and guidance. V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this proposed 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 proposed action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); 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, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Authority: 42 U.S.C. 7401 et seq. Dated: July 14, 2015. Heather McTeer Toney, Regional Administrator, Region 4. [FR Doc. 2015-18079 Filed 7-23-15; 8:45 am] BILLING CODE 6560-50-P
![44014 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules
will be part of Connecticut’s major activity is contemplated. If EPA receives 1. www.regulations.gov: Follow the
stationary source preconstruction adverse comments, the direct final rule on-line instructions for submitting
permitting programs, and are intended will be withdrawn and all public comments.
to align Connecticut’s regulations with comments received will be addressed in 2. Email: R4-ARMS@epa.gov.
the federal PSD and NNSR regulations. a subsequent final rule based on this 3. Fax: (404) 562–9019.
This action is being taken in accordance proposed rule. EPA will not institute a 4. Mail: ‘‘EPA–R04–OAR–2015–0114’’
with the Clean Air Act (CAA). second comment period. Any parties Air Regulatory Management Section
DATES: Written comments must be interested in commenting on this action (formerly the Regulatory Development
received on or before August 24, 2015. should do so at this time. Please note Section), Air Planning and
that if EPA receives adverse comment Implementation Branch (formerly the
ADDRESSES: Submit your comments,
on an amendment, paragraph, or section Air Planning Branch), Air, Pesticides
identified by Docket ID Number EPA– and Toxics Management Division, U.S.
R01–OAR–2014–0842 by one of the of this rule and if that provision may be
severed from the remainder of the rule, Environmental Protection Agency,
following methods: Region 4, 61 Forsyth Street SW.,
1. www.regulations.gov: Follow the EPA may adopt as final those provisions
of the rule that are not the subject of an Atlanta, Georgia 30303–8960.
on-line instructions for submitting 5. Hand Delivery or Courier: Lynorae
comments. adverse comment.
For additional information, see the Benjamin, Chief, Air Regulatory
2. Email: dahl.donald@epa.gov Management Section, Air Planning and
3. Fax: (617) 918–01657. direct final rule which is located in the
Implementation Branch, Air, Pesticides
4. Mail: ‘‘Docket Identification Rules and Regulations section of this
and Toxics Management Division, U.S.
Number EPA–R01–OAR–2014–0842’’, issue of the Federal Register.
Environmental Protection Agency,
Donald Dahl, U.S. Environmental Dated: April 20, 2015. Region 4, 61 Forsyth Street SW.,
Protection Agency, EPA New England H. Curtis Spalding, Atlanta, Georgia 30303–8960. Such
Regional Office, Office of Ecosystem
Regional Administrator, EPA New England. deliveries are only accepted during the
Protection, Air Permits, Toxics, and Regional Office’s normal hours of
[FR Doc. 2015–17665 Filed 7–23–15; 8:45 am]
Indoor Programs Unit, 5 Post Office operation. The Regional Office’s official
BILLING CODE 6560–50–P
Square—Suite 100, (Mail code OEP05– hours of business are Monday through
2), Boston, MA 02109–3912. Friday, 8:30 a.m. to 4:30 p.m., excluding
5. Hand Delivery or Courier. Deliver
ENVIRONMENTAL PROTECTION Federal holidays.
your comments to: Donald Dahl, U.S. Instructions: Direct your comments to
Environmental Protection Agency, EPA AGENCY
Docket ID No. EPA–R04–OAR–2015–
New England Regional Office, Office of 40 CFR Part 52 0114. EPA’s policy is that all comments
Ecosystem Protection, Air Permits, received will be included in the public
Toxics, and Indoor Programs Unit, 5 docket without change and may be
[EPA–R04–OAR–2015–0114; FRL–9931–03–
Post Office Square—Suite 100 (Mail made available online at
Region 4]
code OEP05–2), Boston, MA 02109– www.regulations.gov, including any
3912. Such deliveries are only accepted Approval and Promulgation of personal information provided, unless
during the Regional Office’s normal Implementation Plans; Georgia; the comment includes information
hours of operation. The Regional Removal of Clean Fuel Fleet Program claimed to be Confidential Business
Office’s official hours of business are Information (CBI) or other information
Monday through Friday, 8:30 a.m. to AGENCY: Environmental Protection whose disclosure is restricted by statute.
4:30 p.m., excluding legal holidays. Agency. Do not submit through
Please see the direct final rule which ACTION: Proposed rule. www.regulations.gov or email,
is located in the Rules and Regulations information that you consider to be CBI
section of this issue of the Federal SUMMARY: The Environmental Protection or otherwise protected. The
Register for detailed instructions on Agency (EPA) is proposing to approve www.regulations.gov Web site is an
how to submit comments. changes to the Georgia State ‘‘anonymous access’’ system, which
FOR FURTHER INFORMATION CONTACT: Implementation Plan (SIP) that were means EPA will not know your identity
Donald Dahl, U.S. Environmental submitted by the State of Georgia, or contact information unless you
Protection Agency, EPA New England through the Georgia Environmental provide it in the body of your comment.
Regional Office, Office of Ecosystem Protection Division (GA EPD), on If you send an email comment directly
Protection, Air Permits, Toxics, and January 22, 2015, for the purpose of to EPA without going through
Indoor Programs Unit, 5 Post Office moving the Clean Fuel Fleet Program www.regulations.gov, your email
Square—Suite 100, (mail code OEP05– (CFFP) from the active portion of the address will be automatically captured
2), Boston, MA 02109–3912. Mr. Dahl’s Georgia SIP to the contingency measures and included as part of the comment
telephone number is (617) 918–1657; portion of the maintenance plan for the that is placed in the public docket and
email address: dahl.donald@epa.gov. Atlanta Area for the 1997 8-hour ozone made available on the Internet. If you
SUPPLEMENTARY INFORMATION: In the
national ambient air quality standards submit an electronic comment, EPA
Rules and Regulations section of this (NAAQS). EPA has preliminarily recommends that you include your
issue of the Federal Register, EPA is determined that Georgia’s January 22, name and other contact information in
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
approving the State’s SIP submittal as a 2015, SIP revision regarding the CFFP is the body of your comment and with any
direct final rule without prior proposal approvable because it is consistent with disk or CD–ROM you submit. If EPA
because the Agency views this as a the Clean Air Act (CAA or Act). cannot read your comment due to
noncontroversial submittal and DATES: Written comments must be technical difficulties and cannot contact
anticipates no adverse comments. A received on or before August 24, 2015. you for clarification, EPA may not be
detailed rationale for the approval is set ADDRESSES: Submit your comments, able to consider your comment.
forth in the direct final rule. If no identified by Docket ID No. EPA–R04– Electronic files should avoid the use of
adverse comments are received in OAR–2015–0114, by one of the special characters, any form of
response to this action rule, no further following methods: encryption, and be free of any defects or
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![Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules 44017
heavy-duty vehicles and engines.9 The IV. Proposed Action • Does not provide EPA with the
memorandum also stated that ‘‘[t]o meet EPA is proposing to approve Georgia’s discretionary authority to address, as
the requirements of the Clean Fuel Fleet January 22, 2015, SIP revision and move appropriate, disproportionate human
Program fleet managers can be assured Georgia’s CFFP rules (Georgia Rules health or environmental effects, using
that vehicles and engines certified to 391–3–22–.01 through .11) from the practicable and legally permissible
current Part 86 emission standards, active portion of Georgia SIP to the methods, under Executive Order 12898
which EPA has determined to be as or contingency measures portion of (59 FR 7629, February 16, 1994).
more stringent than corresponding CFV Georgia’s maintenance plan in the SIP In addition, the SIP is not approved
emission standards per the attached for the 1997 Atlanta 8-hour Ozone Area. to apply on any Indian reservation land
EPA Dear Manufacturer Letter meet the EPA is proposing this approval because or in any other area where EPA or an
CFV emission standards and the CFFP the Agency has made the preliminarily Indian tribe has demonstrated that a
requirements as defined in CFR part determination that Georgia’s January 22, tribe has jurisdiction. In those areas of
88.’’ Further reductions from these same 2015, SIP revision is consistent with the Indian country, the rule does not have
vehicles will be achieved by EPA’s CAA and EPA’s regulations and tribal implications as specified by
newly promulgated Tier 3 emission guidance. Executive Order 13175 (65 FR 67249,
standards.10 November 9, 2000), nor will it impose
V. Statutory and Executive Order substantial direct costs on tribal
In its SIP submission, GA EPD Reviews governments or preempt tribal law.
provided an independent analysis of the
Under the CAA, the Administrator is
expected emission benefits of Tier 2 and List of Subjects in 40 CFR Part 52
required to approve a SIP submission
heavy-duty engine standards over LEV Environmental protection, Air
that complies with the provisions of the
standards.11 According to GA EPD’s pollution control, Carbon monoxide,
Act and applicable federal regulations.
analysis, Tier 2 NOX standards have a Incorporation by reference, Nitrogen
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
benefit over LEV ranging from 0.09 gpm dioxide, Ozone, Reporting and
Thus, in reviewing SIP submissions,
to 0.99 gpm on a per vehicle basis. With EPA’s role is to approve state choices, recordkeeping requirements, Volatile
regard to the heavy-duty engine provided that they meet the criteria of organic compounds.
standards, GA EPD indicates that there the CAA. Accordingly, this proposed
is a benefit of 1.4 grams/brake-horse Authority: 42 U.S.C. 7401 et seq.
action merely approves State law as
power per hour for the combination of meeting federal requirements and does Dated: July 14, 2015.
non-methane hydrocarbons and NOX on not impose additional requirements Heather McTeer Toney,
a per vehicle basis. beyond those imposed by State law. For Regional Administrator, Region 4.
EPA has preliminarily determined that reason, this proposed action: [FR Doc. 2015–18079 Filed 7–23–15; 8:45 am]
that the removal of the Georgia CFFP • Is not a ‘‘significant regulatory BILLING CODE 6560–50–P
will not interfere with attainment or action’’ subject to review by the Office
reasonable further progress, or any other of Management and Budget under
applicable requirement of the Act Executive Orders 12866 (58 FR 51735, ENVIRONMENTAL PROTECTION
because the emission reductions that October 4, 1993) and 13563 (76 FR 3821, AGENCY
were generated by Georgia’s CFFP have January 21, 2011);
been overtaken by EPA’s Tier 2 Rule • Does not impose an information 40 CFR Part 52
and heavy-duty emissions standards. As collection burden under the provisions [EPA–R05–OAR–2015–0407; FRL–9930–80–
discussed above, the vehicle emissions of the Paperwork Reduction Act (44 Region 5]
standards referenced in EPA’s April 17, U.S.C. 3501 et seq.);
2006 memorandum have been fully • Is certified as not having a Air Plan Approval; MI, Belding; 2008
implemented, thus ensuring that all new significant economic impact on a Lead Clean Data Determination
vehicle fleet purchases meet CFV substantial number of small entities
under the Regulatory Flexibility Act (5 AGENCY: Environmental Protection
standards.12
U.S.C. 601 et seq.); Agency (EPA).
9 Memorandum from Leila H. Cook, EPA • Does not contain any unfunded ACTION: Proposed rule.
Transportation & Regional Programs Division, to Air mandate or significantly or uniquely
Program Managers re: Clean Fuel Fleet Program affect small governments, as described SUMMARY: On May 13, 2015, the
Requirements (April 17, 2006). This memorandum in the Unfunded Mandates Reform Act Michigan Department of Environmental
superseded a July 2, 2004, memorandum from Leila
of 1995 (Pub. L. 104–4); Quality (MDEQ) submitted a request to
H. Cook noting that the Tier 2 standards are
equivalent to or cleaner than earlier emission levels • Does not have Federalism the Environmental Protection Agency
mandated by the CFFP. These memoranda are implications as specified in Executive (EPA) to make a determination under
included with the State’s SIP revision in the docket Order 13132 (64 FR 43255, August 10, the Clean Air Act (CAA) that the
for this proposed action. 1999); Belding nonattainment area has attained
• Is not an economically significant
10 ‘‘Control of Air Pollution From Motor Vehicles:
the 2008 lead (Pb) national ambient air
Tier 3 Motor Vehicle Emission and Fuel
Standards.’’ See 79 FR 23414 (April 28, 2014). regulatory action based on health or quality standard (NAAQS). In this
11 See Table 1 of the Georgia’s January 22, 2015, safety risks subject to Executive Order action, EPA is proposing to determine
13045 (62 FR 19885, April 23, 1997); that the Belding nonattainment area
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
SIP revision.
12 In its January 22, 2015, SIP revision, GA EPD
• Is not a significant regulatory action (area) has attained the 2008 Pb NAAQS.
analyzed the annual reports submitted by the fleets subject to Executive Order 13211 (66 FR This clean data determination is based
for the model years 2001–2004 and 2006 to
determine the number of used vehicles purchased 28355, May 22, 2001); upon complete, quality-assured and
and the range of the model years. GA EPD • Is not subject to requirements of certified ambient air monitoring data for
determined that 98 percent of the vehicles Section 12(d) of the National the 2012–2014 design period showing
purchased are new. Only 2 percent of vehicles are Technology Transfer and Advancement that the area has monitored attainment
purchased as used. Out of the used vehicles
purchased, 80 percent are 2004 and newer models.
Act of 1995 (15 U.S.C. 272 note) because of the 2008 Pb NAAQS. Additionally, as
As a result, only 0.4 percent of vehicles purchased application of those requirements would a result of this proposed determination,
are older than the 2004 model year. be inconsistent with the CAA; and EPA is proposing to suspend the
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Document Created: 2018-02-23 09:24:57
Document Modified: 2018-02-23 09:24:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Written comments must be received on or before August 24, 2015. | |
| Contact | Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sheckler's phone number is (404) 562-9222. She can also be reached via electronic mail at [email protected] | |
| FR Citation | 80 FR 44014 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Nitrogen Dioxide; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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