80 FR 52627 - Approval and Promulgation of Implementation Plans; Georgia: Changes to Georgia Fuel Rule and Other Miscellaneous Rules
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 169 (September 1, 2015)
Federal Register Volume 80, Issue 169 (September 1, 2015)
| Page Range | 52627-52630 | |
| FR Document | 2015-21536 |
[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)] [Rules and Regulations] [Pages 52627-52630] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21536] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2015-0161; FRL-9933-32-Region 4] Approval and Promulgation of Implementation Plans; Georgia: Changes to Georgia Fuel Rule and Other Miscellaneous Rules AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the State of Georgia's February 5, 2015, State Implementation Plan (SIP) revision, submitted through the Georgia Environmental Protection Division (GA EPD), to modify the SIP by removing Georgia's Gasoline Marketing Rule and Consumer and Commercial Products Rule, revising the Nitrogen Oxide (NOX ) Emissions from Stationary Gas Turbines and Stationary Engines Rule, and adding measures to offset the emissions increases expected from the changes to these rules. This modification to the SIP will affect, in varying ways, the 45 counties in and around the Atlanta, Georgia, metropolitan area covered by the Georgia Gasoline Marketing Rule (hereinafter referred to as the ``Georgia Fuel Area''). Additionally, EPA is also approving structural changes to the NOX Emissions from Stationary Gas Turbines and Stationary Engines Rule included in a SIP revision submitted by GA EPD on September 26, 2006. EPA has determined that the portion of Georgia's September 26, 2006, SIP revision addressing changes to the NOX Emissions from Stationary Gas Turbines and Stationary Engines Rule and the February 5, 2015, SIP revision meet the applicable provisions of the Clean Air Act (CAA or Act). DATES: This rule is effective October 1, 2015. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2015-0161. 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 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. 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: Richard Wong of the Air Regulatory Management Section, in the Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Background for Final Action On November 16, 1991, EPA designated and classified the following counties in Georgia, either in their entirety or portions thereof, 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. Among the requirements applicable to the nonattainment area for the 1-hour ozone NAAQS was the [[Page 52628]] requirement to meet certain volatility standards (known as Reid Vapor Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June 11, 1990). Subsequently, in order to comply with the 1-hour ozone NAAQS, Georgia opted to implement Georgia Rule 391-3-1-.02(2)(bbb), Gasoline Marketing (hereinafter referred to as the ``Georgia Fuel Rule''), which requires the sale of low sulfur, 7.0 RVP gasoline in the 45-county Georgia Fuel Area during the high ozone season.\1\ EPA incorporated the Georgia Fuel Rule into the Georgia SIP on July 19, 2004. See 69 FR 33862 (June 17, 2004). --------------------------------------------------------------------------- \1\ The Georgia Fuel Area consists of the following 45 counties: Banks, Barrow, Bartow, Butts, Carroll, Chattooga, Cherokee, Clarke, Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, Morgan, Newton, Oconee, Paulding, Pickens, Pike, Polk, Putnam, Rockdale, Spalding, Troup, Walton and Upson. This Area encompasses the 20-county 8-hour Atlanta ozone maintenance area for the 1997 ozone NAAQS and the 15-county 8-hour Atlanta ozone nonattainment area for the 2008 ozone NAAQS. Georgia received a waiver under section 211(c)(4)(C) of the CAA to adopt a state fuel program that is more stringent than that which was federally required for the Atlanta 1-Hour Ozone Area. The Georgia Fuel Rule requires the sale of low sulfur, 7.0 psi RVP gasoline in the Georgia Fuel Area. --------------------------------------------------------------------------- On February 5, 2015, GA EPD submitted a SIP revision to modify the SIP by removing Georgia Rule 391-3-1-.02(2)(aaa), Consumer and Commercial Products,\2\ and Georgia Rule 391-3-1-.02(2)(bbb), Gasoline Marketing, and revising Georgia Rule 391-3-1-.02(2)(mmm), NOx Emissions from Stationary Gas Turbines and Stationary Engines used to Generate Electricity.\3\ The SIP revision also includes measures to offset the emissions increases expected from the changes to these rules and a technical demonstration that these changes will not interfere with attainment or maintenance of any national ambient air quality standards (NAAQS or standard) or with any other applicable requirement of the CAA. Additionally, the State submitted a SIP revision on September 26, 2006, that contains structural changes to Georgia Rule 391-3- 1-.02(2)(mmm). --------------------------------------------------------------------------- \2\ The Consumer and Commercial Products Rule applies in the following 13 counties that make up the former Atlanta 1-hour ozone nonattainment area: Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. \3\ Georgia Rule 391-3-1-.02(2)(mmm) only applies in the Georgia Fuel Area. --------------------------------------------------------------------------- Georgia Rule 391-3-1-.02(2)(mmm) reduces emissions from stationary, peak performing engines that tend to operate during high electricity demand days in the 45-county Georgia Fuel Area. The State's February 5, 2015, SIP revision modifies the rule to exempt stationary engines at data centers from the rule's NOX emission limits provided that the engines operate for less than 500 hours per year and only for routine testing and maintenance, when electric power from the local utility is not available, or during internal system failures. The rule change also limits routine testing and maintenance of these engines during the high ozone season to the hours of 10 p.m. to 4 a.m. to reduce the possibility of ozone formation due to these emissions. The September 26, 2006, SIP revision makes a structural change to the SIP- approved version of the regulation, pulling the emergency engine exemption into a new paragraph (Paragraph 7) and limits the exemption to the emission limits in Paragraph 1 of the rule. The February 5, 2015, SIP revision includes two offset measures-- school bus replacements and rail locomotive conversions--to obtain the necessary emissions reductions to offset the rule changes identified in that submittal. The State's school bus replacement program permanently replaced 60 older school buses in DeKalb, Fayette, Henry, and Madison Counties with the newer and cleaner 2015 model year buses by October 2014. The locomotive conversion program consists of two components: (1) The conversion of 28 locomotives from Norfolk Southern Railway Company and CSX Transportation to EPA Tier 3 switch duty, Tier 3 Line-Haul, and Tier 2 Switch emissions standards, and (2) the installation of an electric layover system at the Norfolk Southern Atlanta Terminal. The State demonstrated that the offset measures result in equivalent or greater emissions reductions that are permanent, enforceable, quantifiable, surplus, and contemporaneous. In addition, Georgia's SIP revision includes a contingency offset measure in the event that the locomotive conversion program cannot be fully completed. The contingency measure would obtain NOX offsets from the permanent retirement of Unit 3 at Georgia Power's Eugene A. Yates Steam-Electric Generating Plant. Upon a determination that sufficient offsets will not be achieved within one year from the date of EPA's final action on Georgia's February 5, 2015, SIP submission, GA EPD will revise Georgia Rule 391-3-1-.02(12)(f), Clean Air Interstate Rule NOX Annual Trading Program, for the purposes of retiring or reducing the appropriate New Source Set Asides and submit that rule revision, along with the Title V permit condition that requires the shutdown of Unit 3, as a SIP revision. GA EPD will use the necessary substitute emissions reductions to replace any emissions shortfall in the event the locomotive conversions are not completed. EPA has determined that the State has successfully demonstrated that 660 tons of NOX offset is available through implementation of the contingency measure in the event the locomotive conversion program is not completed and that the measures will be permanent, enforceable, quantifiable, contemporaneous, surplus, and equivalent. In a notice of proposed rulemaking (NPR) published on June 26, 2015, EPA proposed to approve the February 5, 2015, SIP revision and the portion of the September 26, 2006, submission that contains structural changes to Georgia Rule 391-3-1-.02(2)(mmm). See 80 FR 36750. The details of Georgia's submittals and the rationale for EPA's action is explained in the NPR. EPA received one comment on the NPR. This comment, submitted by the Society of Independent Gasoline Marketers of America and provided in the docket for today's final action, supports approval of the February 5, 2015, SIP revision but expresses concern about the timing of the action. A summary of the comment and EPA's response to the comment are provided below. II. EPA's Response to Comment The Commenter supports EPA's proposal to approve the State's February 5, 2015, SIP revision but notes that it is ``very disturbed by rumors that EPA will approve and implement this change [during the week of July 27, 2015], which will be right in the middle of the summer fuel season.'' The Commenter ``requests that EPA approve and implement the Georgia SIP in a manner that will not damage the fuel marketing industry and ultimately penalize those who have complied with the Agency's environmental mandate.'' EPA does not view this comment as adverse, and the basis for the Commenter's concerns regarding the finalization of the rule during the week of July 27, 2015 is unclear. EPA has proposed and finalized this action under its standard rulemaking process, and it will be effective on October 1, 2015. III. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporate by reference of Georgia Rule 391-3-1-.02(2)(mmm), NOX Emissions from [[Page 52629]] Stationary Gas Turbines and Stationary Engines used to Generate Electricity. EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or in hard copy at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). IV. Final Action EPA is taking final action to approve Georgia's February 5, 2015, SIP revision, including the section 110(l) demonstration that modifying the SIP to remove Georgia Rules 391-3-1-.02(2)(aaa) and 391-3- 1-.02(2)(bbb) and revising Georgia Rule 391-3-1-.02(2)(mmm) will not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA. EPA is also taking final action to approve the portion of the State's September 26, 2006, SIP revision that contains structural changes to Georgia Rule 391-3-1-.02(2)(mmm). V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submittal 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 propose to 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 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, October 7, 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, Incorporation by Reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: August 19, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart L--Georgia 0 2. Section 52.570 is amended: 0 a. In paragraph (c): 0 i. By removing the entries for ``391-3-1-.02(2)(aaa)'' and ``391-3- 1-.02(2)(bbb).''; and 0 ii. By revising the entry for ``391-3-1-.02(2)(mmm)''; and 0 b. In paragraph (e) by adding an entry to the end of the table entitled ``Offset measures associated with the repeal of Georgia Rules 391-3- 1-.02(2)(aaa) and 391-3-1-.02(2)(bbb) and the revision to Georgia Rule 391-3-1-.02(2)(mmm)''. The revisions and additions read as follows: Sec. 52.570 Identification of plan. * * * * * (c) * * * EPA-Approved Georgia Regulations ---------------------------------------------------------------------------------------------------------------- State effective State citation Title/Subject date EPA Approval date Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 391-3-1-.02(2)(mmm)............ NOX Emissions from May 4, 2014........ September 1, 2015 Stationary Gas [Insert Federal Turbines and Register Stationary citation]. Engines used to Generate Electricity. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * [[Page 52630]] EPA-Approved Georgia Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of nonregulatory SIP geographic or State submittal EPA Approval date Explanation provision nonattainment area date/Effective date ---------------------------------------------------------------------------------------------------------------- * * * * * * * Offset measures associated with Banks, Barrow, May 4, 2014........ September 1, 2015 Includes the the repeal of Georgia Rules Bartow, Butts, [Insert Federal contingency 391-3-1-.02(2)(aaa) and 391-3- Carroll, Register offset measure in 1-.02(2)(bbb) and the revision Chattooga, citation]. the event that to Georgia Rule 391-3-1- Cherokee, Clarke, the locomotive .02(2)(mmm). Clayton, Cobb, conversion Coweta, Dawson, program cannot be DeKalb, Douglas, fully completed. Fayette, Floyd, Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, Heard, Henry, Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, Morgan, Newton, Oconee, Paulding, Pickens, Pike, Polk, Putnam, Rockdale, Spalding, Troup, Walton and Upson. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2015-21536 Filed 8-31-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations 52627
§ 165.784 Safety Zone, Schuylkill River; permission of the Captain of the Port; addressing changes to the NOX
Philadelphia, PA and Emissions from Stationary Gas Turbines
(a) Location. The following area is a (10) No person may take or place any and Stationary Engines Rule and the
safety zone: All waters of the Schuylkill article or thing upon any waterfront February 5, 2015, SIP revision meet the
River in Philadelphia, PA, inside a facility in a safety zone without the applicable provisions of the Clean Air
boundary described as originating from permission of the Captain of the Port. Act (CAA or Act).
39°54′50″ N., 075°12′12″ W.; then West (d) Definitions. The Captain of the DATES: This rule is effective October 1,
to 39°54′50″ N., 075°12′15″ W.; then Port means the Commander of Sector 2015.
Northeast to 39°55′10″ N., 075°12′05″ Delaware Bay or any Coast Guard ADDRESSES: EPA has established a
W.; the East to 39°55′10″ N., 075°12′04″ commissioned, warrant, or petty officer docket for this action under Docket
W.; then back to 39°54′50″ N., who has been authorized by the Captain Identification No. EPA–R04–OAR–
075°12′12″ W. of the Port to act on his behalf. 2015–0161. All documents in the docket
(b) Enforcement period. (1) This (e) Enforcement. The U.S. Coast are listed on the www.regulations.gov
regulation is enforced during times Guard may be assisted in the patrol and Web site. Although listed in the index,
when a barge having a beam (width) of enforcement of the Safety Zone by some information may not be publicly
up to 80 feet is moored at the Deloach Federal, State, and local agencies. available, i.e., Confidential Business
dock of Philadelphia Energy Solutions Dated: July 31, 2015. Information or other information whose
near Point Breeze. disclosure is restricted by statute.
B.A. Cooper,
(2) Prior to commencing enforcement Certain other material, such as
of this regulation, the COTP or Captain, U.S. Coast Guard, Captain of the
Port Delaware Bay. copyrighted material, is not placed on
designated on-scene patrol personnel the Internet and will be publicly
will notify the public whenever the [FR Doc. 2015–21687 Filed 8–31–15; 8:45 am]
available only in hard copy form.
regulation is being enforced, to include BILLING CODE 9110–04–P
Publicly available docket materials are
dates and times. The means of available either electronically through
notification may include, but are not www.regulations.gov or in hard copy at
limited to, Broadcast Notice to Mariners, ENVIRONMENTAL PROTECTION the Air Regulatory Management Section
Local Notice to Mariners, Marine Safety AGENCY (formerly the Regulatory Development
Information Bulletins, or other Section), Air Planning and
appropriate means. 40 CFR Part 52
Implementation Branch (formerly the
(c) Regulations. (1) All persons are [EPA–R04–OAR–2015–0161; FRL–9933–32– Air Planning Branch), Air, Pesticides
required to comply with the general Region 4] and Toxics Management Division, U.S.
regulations governing safety zones in 33 Environmental Protection Agency,
CFR 165.23. Approval and Promulgation of
Region 4, 61 Forsyth Street SW.,
(2) All persons and vessels transiting Implementation Plans; Georgia:
Atlanta, Georgia 30303–8960. EPA
through the Safety Zone must be Changes to Georgia Fuel Rule and
requests that if at all possible, you
authorized by the Captain of the Port or Other Miscellaneous Rules
contact the person listed in the FOR
his representative.
AGENCY: Environmental Protection FURTHER INFORMATION CONTACT section to
(3) All persons or vessels wishing to
Agency. schedule your inspection. The Regional
transit through the Safety Zone must
ACTION: Final rule. Office’s official hours of business are
request authorization to do so from the
Monday through Friday, 8:30 a.m. to
Captain of the Port or his representative
SUMMARY: The Environmental Protection 4:30 p.m., excluding Federal holidays.
30 minutes prior to the intended time of
transit. Agency (EPA) is approving the State of FOR FURTHER INFORMATION CONTACT:
(4) Vessels granted permission to Georgia’s February 5, 2015, State Richard Wong of the Air Regulatory
transit must do so in accordance with Implementation Plan (SIP) revision, Management Section, in the Air
the directions provided by the Captain submitted through the Georgia Planning and Implementation Branch,
of the Port or his representative to the Environmental Protection Division (GA Air, Pesticides and Toxics Management
vessel. EPD), to modify the SIP by removing Division, U.S. Environmental Protection
(5) To seek permission to transit the Georgia’s Gasoline Marketing Rule and Agency, Region 4, 61 Forsyth Street
Safety Zone, the Captain of the Port or Consumer and Commercial Products SW., Atlanta, Georgia 30303–8960. Mr.
his representative can be contacted via Rule, revising the Nitrogen Oxide (NOX) Wong may be reached by phone at (404)
Sector Delaware Bay Command Center Emissions from Stationary Gas Turbines 562–8726 or via electronic mail at
(215) 271–4940. and Stationary Engines Rule, and wong.richard@epa.gov.
(6) This section applies to all vessels adding measures to offset the emissions SUPPLEMENTARY INFORMATION:
wishing to transit through the Safety increases expected from the changes to
these rules. This modification to the SIP I. Background for Final Action
Zone except vessels that are engaged in
the following operations: will affect, in varying ways, the 45 On November 16, 1991, EPA
(i) Enforcing laws; counties in and around the Atlanta, designated and classified the following
(ii) Servicing aids to navigation; and Georgia, metropolitan area covered by counties in Georgia, either in their
(iii) Emergency response vessels. the Georgia Gasoline Marketing Rule entirety or portions thereof, as a serious
(7) No person or vessel may enter or (hereinafter referred to as the ‘‘Georgia ozone nonattainment area for the 1-hour
remain in a safety zone without the Fuel Area’’). Additionally, EPA is also ozone NAAQS (hereinafter referred to as
mstockstill on DSK4VPTVN1PROD with RULES
permission of the Captain of the Port; approving structural changes to the NOX the ‘‘Atlanta 1-Hour Ozone Area’’):
(8) Each person and vessel in a safety Emissions from Stationary Gas Turbines Cherokee, Clayton, Cobb, Coweta,
zone shall obey any direction or order and Stationary Engines Rule included in DeKalb, Douglas, Fayette, Forsyth,
of the Captain of the Port; a SIP revision submitted by GA EPD on Fulton, Gwinnett, Henry, Paulding, and
(9) No person may board, or take or September 26, 2006. EPA has Rockdale. Among the requirements
place any article or thing on board, any determined that the portion of Georgia’s applicable to the nonattainment area for
vessel in a safety zone without the September 26, 2006, SIP revision the 1-hour ozone NAAQS was the
VerDate Sep<11>2014 19:50 Aug 31, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1](https://thefederalregister.org/doc/80_FR_52796/page/1.svg)
![52628 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations
requirement to meet certain volatility modifies the rule to exempt stationary use the necessary substitute emissions
standards (known as Reid Vapor engines at data centers from the rule’s reductions to replace any emissions
Pressure or RVP) for gasoline sold NOX emission limits provided that the shortfall in the event the locomotive
commercially. See 55 FR 23658 (June engines operate for less than 500 hours conversions are not completed. EPA has
11, 1990). Subsequently, in order to per year and only for routine testing and determined that the State has
comply with the 1-hour ozone NAAQS, maintenance, when electric power from successfully demonstrated that 660 tons
Georgia opted to implement Georgia the local utility is not available, or of NOX offset is available through
Rule 391–3–1-.02(2)(bbb), Gasoline during internal system failures. The rule implementation of the contingency
Marketing (hereinafter referred to as the change also limits routine testing and measure in the event the locomotive
‘‘Georgia Fuel Rule’’), which requires maintenance of these engines during the conversion program is not completed
the sale of low sulfur, 7.0 RVP gasoline high ozone season to the hours of 10 and that the measures will be
in the 45-county Georgia Fuel Area p.m. to 4 a.m. to reduce the possibility permanent, enforceable, quantifiable,
during the high ozone season.1 EPA of ozone formation due to these contemporaneous, surplus, and
incorporated the Georgia Fuel Rule into emissions. The September 26, 2006, SIP equivalent.
the Georgia SIP on July 19, 2004. See 69 revision makes a structural change to In a notice of proposed rulemaking
FR 33862 (June 17, 2004). the SIP-approved version of the (NPR) published on June 26, 2015, EPA
On February 5, 2015, GA EPD regulation, pulling the emergency proposed to approve the February 5,
submitted a SIP revision to modify the engine exemption into a new paragraph 2015, SIP revision and the portion of the
SIP by removing Georgia Rule 391–3–1- (Paragraph 7) and limits the exemption September 26, 2006, submission that
.02(2)(aaa), Consumer and Commercial to the emission limits in Paragraph 1 of contains structural changes to Georgia
Products,2 and Georgia Rule 391–3–1- the rule. Rule 391–3–1-.02(2)(mmm). See 80 FR
.02(2)(bbb), Gasoline Marketing, and The February 5, 2015, SIP revision 36750. The details of Georgia’s
revising Georgia Rule 391–3–1- includes two offset measures—school submittals and the rationale for EPA’s
.02(2)(mmm), NOx Emissions from bus replacements and rail locomotive action is explained in the NPR.
Stationary Gas Turbines and Stationary conversions—to obtain the necessary EPA received one comment on the
Engines used to Generate Electricity.3 emissions reductions to offset the rule NPR. This comment, submitted by the
The SIP revision also includes measures changes identified in that submittal. The Society of Independent Gasoline
to offset the emissions increases State’s school bus replacement program Marketers of America and provided in
expected from the changes to these rules permanently replaced 60 older school the docket for today’s final action,
and a technical demonstration that these buses in DeKalb, Fayette, Henry, and supports approval of the February 5,
changes will not interfere with Madison Counties with the newer and 2015, SIP revision but expresses
attainment or maintenance of any cleaner 2015 model year buses by concern about the timing of the action.
national ambient air quality standards October 2014. The locomotive A summary of the comment and EPA’s
(NAAQS or standard) or with any other conversion program consists of two response to the comment are provided
applicable requirement of the CAA. components: (1) The conversion of 28 below.
Additionally, the State submitted a SIP locomotives from Norfolk Southern
revision on September 26, 2006, that Railway Company and CSX II. EPA’s Response to Comment
contains structural changes to Georgia Transportation to EPA Tier 3 switch The Commenter supports EPA’s
Rule 391–3–1-.02(2)(mmm). duty, Tier 3 Line-Haul, and Tier 2 proposal to approve the State’s February
Georgia Rule 391–3–1-.02(2)(mmm) Switch emissions standards, and (2) the 5, 2015, SIP revision but notes that it is
reduces emissions from stationary, peak installation of an electric layover system ‘‘very disturbed by rumors that EPA will
performing engines that tend to operate at the Norfolk Southern Atlanta approve and implement this change
during high electricity demand days in Terminal. The State demonstrated that [during the week of July 27, 2015],
the 45-county Georgia Fuel Area. The the offset measures result in equivalent which will be right in the middle of the
State’s February 5, 2015, SIP revision or greater emissions reductions that are summer fuel season.’’ The Commenter
permanent, enforceable, quantifiable, ‘‘requests that EPA approve and
1 The Georgia Fuel Area consists of the following
surplus, and contemporaneous. implement the Georgia SIP in a manner
45 counties: Banks, Barrow, Bartow, Butts, Carroll, In addition, Georgia’s SIP revision that will not damage the fuel marketing
Chattooga, Cherokee, Clarke, Clayton, Cobb,
Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd,
includes a contingency offset measure industry and ultimately penalize those
Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, in the event that the locomotive who have complied with the Agency’s
Heard, Henry, Jackson, Jasper, Jones, Lamar, conversion program cannot be fully environmental mandate.’’
Lumpkin, Madison, Meriwether, Monroe, Morgan, completed. The contingency measure EPA does not view this comment as
Newton, Oconee, Paulding, Pickens, Pike, Polk, would obtain NOX offsets from the
Putnam, Rockdale, Spalding, Troup, Walton and
adverse, and the basis for the
Upson. This Area encompasses the 20-county 8- permanent retirement of Unit 3 at Commenter’s concerns regarding the
hour Atlanta ozone maintenance area for the 1997 Georgia Power’s Eugene A. Yates Steam- finalization of the rule during the week
ozone NAAQS and the 15-county 8-hour Atlanta Electric Generating Plant. Upon a of July 27, 2015 is unclear. EPA has
ozone nonattainment area for the 2008 ozone determination that sufficient offsets will
NAAQS. Georgia received a waiver under section
proposed and finalized this action
211(c)(4)(C) of the CAA to adopt a state fuel not be achieved within one year from under its standard rulemaking process,
program that is more stringent than that which was the date of EPA’s final action on and it will be effective on October 1,
federally required for the Atlanta 1-Hour Ozone Georgia’s February 5, 2015, SIP 2015.
Area. The Georgia Fuel Rule requires the sale of low submission, GA EPD will revise Georgia
sulfur, 7.0 psi RVP gasoline in the Georgia Fuel
Rule 391–3–1-.02(12)(f), Clean Air III. Incorporation by Reference
mstockstill on DSK4VPTVN1PROD with RULES
Area.
2 The Consumer and Commercial Products Rule Interstate Rule NOX Annual Trading In this rule, EPA is finalizing
applies in the following 13 counties that make up Program, for the purposes of retiring or regulatory text that includes
the former Atlanta 1-hour ozone nonattainment reducing the appropriate New Source incorporation by reference. In
area: Cherokee, Clayton, Cobb, Coweta, DeKalb, Set Asides and submit that rule accordance with requirements of 1 CFR
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,
Paulding, and Rockdale. revision, along with the Title V permit 51.5, EPA is finalizing the incorporate
3 Georgia Rule 391–3–1-.02(2)(mmm) only applies condition that requires the shutdown of by reference of Georgia Rule 391–3–1-
in the Georgia Fuel Area. Unit 3, as a SIP revision. GA EPD will .02(2)(mmm), NOX Emissions from
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![Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations 52629
Stationary Gas Turbines and Stationary October 4, 1993) and 13563 (76 FR 3821, November 9, 2000) nor will it impose
Engines used to Generate Electricity. January 21, 2011); substantial direct costs on tribal
EPA has made, and will continue to • does not impose an information governments or preempt tribal law.
make, these documents generally collection burden under the provisions
of the Paperwork Reduction Act (44 List of Subjects in 40 CFR Part 52
available electronically through
www.regulations.gov and/or in hard U.S.C. 3501 et seq.); Environmental protection, Air
copy at the appropriate EPA office (see • is certified as not having a pollution control, Incorporation by
the ADDRESSES section of this preamble significant economic impact on a Reference, Intergovernmental relations,
for more information). substantial number of small entities Nitrogen dioxide, Ozone, Particulate
under the Regulatory Flexibility Act (5 matter, Reporting and recordkeeping
IV. Final Action U.S.C. 601 et seq.); requirements, Volatile organic
EPA is taking final action to approve • does not contain any unfunded compounds.
Georgia’s February 5, 2015, SIP revision, mandate or significantly or uniquely
including the section 110(l) affect small governments, as described Dated: August 19, 2015.
demonstration that modifying the SIP to in the Unfunded Mandates Reform Act Heather McTeer Toney,
remove Georgia Rules 391–3–1- of 1995 (Pub. L. 104–4); Regional Administrator, Region 4.
.02(2)(aaa) and 391–3–1-.02(2)(bbb) and • does not have Federalism 40 CFR part 52 is amended as follows:
revising Georgia Rule 391–3–1- implications as specified in Executive
.02(2)(mmm) will not interfere with Order 13132 (64 FR 43255, October 7, PART 52—APPROVAL AND
attainment or maintenance of any 1999); PROMULGATION OF
NAAQS or with any other applicable • is not an economically significant IMPLEMENTATION PLANS
requirement of the CAA. EPA is also regulatory action based on health or
taking final action to approve the safety risks subject to Executive Order ■ 1. The authority citation for part 52
portion of the State’s September 26, 13045 (62 FR 19885, April 23, 1997); continues to read as follows:
2006, SIP revision that contains • is not a significant regulatory action Authority: 42 U.S.C. 7401 et seq.
structural changes to Georgia Rule 391– subject to Executive Order 13211 (66 FR
3–1-.02(2)(mmm). 28355, May 22, 2001); Subpart L—Georgia
• is not subject to requirements of
V. Statutory and Executive Order Section 12(d) of the National ■ 2. Section 52.570 is amended:
Reviews Technology Transfer and Advancement ■ a. In paragraph (c):
Under the CAA, the Administrator is Act of 1995 (15 U.S.C. 272 note) because
■ i. By removing the entries for ‘‘391–3–
required to approve a SIP submittal that application of those requirements would
1–.02(2)(aaa)’’ and ‘‘391–3–1–
complies with the provisions of the Act be inconsistent with the CAA; and
• does not provide EPA with the .02(2)(bbb).’’; and
and applicable federal regulations. See
42 U.S.C. 7410(k); 40 CFR 52.02(a). discretionary authority to address, as ■ ii. By revising the entry for ‘‘391–3–
Thus, in reviewing SIP submissions, appropriate, disproportionate human 1–.02(2)(mmm)’’; and
EPA’s role is to approve state choices, health or environmental effects, using ■ b. In paragraph (e) by adding an entry
provided that they meet the criteria of practicable and legally permissible to the end of the table entitled ‘‘Offset
the CAA. Accordingly, this action methods, under Executive Order 12898 measures associated with the repeal of
merely approves state law as meeting (59 FR 7629, February 16, 1994). Georgia Rules 391–3–1–.02(2)(aaa) and
Federal requirements and does not In addition, the SIP is not approved 391–3–1–.02(2)(bbb) and the revision to
propose to impose additional to apply on any Indian reservation land Georgia Rule 391–3–1–.02(2)(mmm)’’.
requirements beyond those imposed by or in any other area where EPA or an The revisions and additions read as
state law. For that reason, this action: Indian tribe has demonstrated that a follows:
• Is not a significant regulatory action tribe has jurisdiction. In those areas of
subject to review by the Office of Indian country, the rule does not have § 52.570 Identification of plan.
Management and Budget under tribal implications as specified by * * * * *
Executive Orders 12866 (58 FR 51735, Executive Order 13175 (65 FR 67249, (c) * * *
EPA-APPROVED GEORGIA REGULATIONS
State effec-
State citation Title/Subject EPA Approval date Explanation
tive date
* * * * * * *
391–3–1–.02(2)(mmm) ..................... NOX Emissions from Stationary May 4, 2014 September 1, 2015 [Insert Federal
Gas Turbines and Stationary En- Register citation].
gines used to Generate Elec-
tricity.
* * * * * * *
mstockstill on DSK4VPTVN1PROD with RULES
* * * * * (e) * * *
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![52630 Federal Register / Vol. 80, No. 169 / Tuesday, September 1, 2015 / Rules and Regulations
EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
State sub-
Name of nonregulatory SIP Applicable geographic or non- mittal date/ EPA Approval date Explanation
provision attainment area Effective
date
* * * * * * *
Offset measures associated Banks, Barrow, Bartow, Butts, May 4, 2014 September 1, 2015 [Insert Includes the contingency off-
with the repeal of Georgia Carroll, Chattooga, Cher- Federal Register citation]. set measure in the event
Rules 391–3–1–.02(2)(aaa) okee, Clarke, Clayton, that the locomotive conver-
and 391–3–1–.02(2)(bbb) Cobb, Coweta, Dawson, sion program cannot be
and the revision to Georgia DeKalb, Douglas, Fayette, fully completed.
Rule 391–3–1–.02(2)(mmm). Floyd, Forsyth, Fulton, Gor-
don, Gwinnett, Hall,
Haralson, Heard, Henry,
Jackson, Jasper, Jones,
Lamar, Lumpkin, Madison,
Meriwether, Monroe, Mor-
gan, Newton, Oconee,
Paulding, Pickens, Pike,
Polk, Putnam, Rockdale,
Spalding, Troup, Walton
and Upson.
[FR Doc. 2015–21536 Filed 8–31–15; 8:45 am] for the 2012–2014 monitoring period. Proposal (80 FR 23487). In that notice,
BILLING CODE 6560–50–P Thus, the requirements to submit an we proposed to disapprove the TCEQ’s
attainment demonstration and other 8-hour ozone attainment demonstration
planning SIPs related to attainment of for the DFW Serious nonattainment area
ENVIRONMENTAL PROTECTION the 1997 ozone NAAQS, and the because the area failed to attain the 1997
AGENCY sanctions clock and the EPA’s obligation ozone NAAQS by the June 15, 2013
to promulgate an attainment attainment date.1 Our analysis and
40 CFR Part 52 demonstration Federal Implementation findings are discussed in the proposed
[EPA–R06–OAR–2012–0098; FRL–9931–78– Plan (FIP) for the DFW area are rulemaking. We also proposed to
Region 6] suspended for so long as the area determine that the DFW ozone
continues to attain the 1997 ozone nonattainment area is currently in
Approval and Promulgation of NAAQS. attainment of the 1997 ozone standard
Implementation Plans; Texas; DATES: This final rule is effective on based on the most recent 3 years of
Attainment Demonstration for the October 1, 2015. quality-assured air quality data.
Dallas/Fort Worth 1997 8-Hour Ozone Certified ambient air monitoring data
ADDRESSES: The EPA has established a
Nonattainment Area; Determination of show that the area has monitored
docket for this action under Docket ID
Attainment of the 1997 Ozone Standard attainment of the 1997 ozone NAAQS
No. EPA–R06–OAR–2012–0098. All
documents in the docket are listed on for the 2012–2014 monitoring period
AGENCY: Environmental Protection and continues to monitor attainment of
Agency (EPA). the http://www.regulations.gov Web
site. Although listed in the index, some the NAAQS based on preliminary 2015
ACTION: Final rule. data.
information is not publicly available,
e.g., Confidential Business Information Our Proposal and the technical
SUMMARY: The Environmental Protection
or other information whose disclosure is support document (TSD) that
Agency (EPA) is disapproving revisions
restricted by statute. Certain other accompanied the proposed rule provide
to the Texas State Implementation Plan
material, such as copyrighted material, our rationale for this rulemaking. Please
(SIP) submitted to meet certain
is not placed on the Internet and will be see the docket for these and other
requirements under section 182(c) of the
publicly available only in hard copy. documents regarding our Proposal. The
Clean Air Act (CAA) for the Dallas/Fort
Publicly available docket materials are public comment period for our Proposal
Worth (DFW) nonattainment area under
available either electronically through closed on May 28, 2015.
the 1997 8-hour ozone National
Ambient Air Quality Standard (NAAQS http://www.regulations.gov or in hard II. Response to Comments
or standard). The revisions address the copy at EPA Region 6, 1445 Ross
We received one comment letter dated
attainment demonstration submitted on Avenue, Suite 700, Dallas, Texas 75202–
May 28, 2015, from the TCEQ (the
January 17, 2012, by the Texas 2733.
Commenter) regarding our Proposal. A
Commission on Environmental Quality FOR FURTHER INFORMATION CONTACT:
summary of the comments and our
(TCEQ) for the DFW Serious Carrie Paige, (214) 665–6521, responses follow.
nonattainment area. The EPA has also paige.carrie@epa.gov. Comment: The Commenter agrees
mstockstill on DSK4VPTVN1PROD with RULES
determined that the DFW nonattainment SUPPLEMENTARY INFORMATION: with our Proposal to determine that the
area is currently attaining the 1997 Throughout this document, ‘‘we,’’ ‘‘us,’’ DFW ozone nonattainment area is
ozone NAAQS. This determination is and ‘‘our’’ means the EPA.
based upon complete, quality-assured
and certified ambient air monitoring I. Background 1 The DFW Serious ozone nonattainment area
under the 1997 ozone standard is comprised of
data that show the area has monitored The background for this action is Collin, Dallas, Denton, Ellis, Johnson, Kaufman,
attainment of the 1997 ozone NAAQS discussed in detail in our April 28, 2015 Parker, Rockwall and Tarrant counties.
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Document Created: 2018-02-26 10:04:37
Document Modified: 2018-02-26 10:04:37
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective October 1, 2015. | |
| Contact | Richard Wong of the Air Regulatory Management Section, in the Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via electronic mail at [email protected] | |
| FR Citation | 80 FR 52627 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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