Approval and Promulgation of Implementation Plans Georgia: Approval of Revisions to Georgia Regulations

Environmental Protection Agency

40 CFR Part 52

[GA-27-1-7186a; FRL-5320-3]

Approval and Promulgation of Implementation Plans Georgia:

Approval of Revisions to Georgia Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the revision to the Georgia State

Implementation Plan (SIP). On May 5, 1994, the Georgia Environmental

Protection Division submitted regulations 391-3-21-.01 through .11

establishing a Clean Fuel Fleet program. These rules became effective

on May 22, 1994.

DATES: This final rule will be effective February 20, 1996, unless

adverse or critical comments are received by January 22, 1996. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this action should be addressed to

Benjamin Franco, at the EPA Regional Office listed below. Copies of the

documents relative to this action are available for public inspection

during normal business hours at the following locations. The interested

persons wanting to examine these documents should make an appointment

with the appropriate office at least 24 hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102),

U.S. Environmental Protection Agency, 401 M Street, SW, Washington,

DC 20460.

Environmental Protection Agency, Region 4 Air Programs Branch, 345

Courtland Street NE, Atlanta, Georgia 30365.

Georgia Environmental Protection Division, 4244 International

Parkway, Suite 120, Atlanta, GA 30354.

FOR FURTHER INFORMATION CONTACT: Benjamin Franco, Regulatory Planning

and Development Section, Air Programs Branch, Air, Pesticides & Toxics

Management Division, Region 4 Environmental Protection Agency, 345

Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is

404/347-3555 x-4211. Reference file GA27-1-7186a.

SUPPLEMENTARY INFORMATION: Section 246(a) of the 1990 Clean Air Act

(CAA) requires ozone nonattainment areas classified serious and above

to implement a Clean Fuel Fleet (CFF) program. The program is designed

to introduce lower-emitting vehicles into centrally fueled fleets in

ozone nonattainment areas classified as serious. By choosing to

introduce clean fuel vehicles in centrally fueled fleets, Congress

focused on vehicle operators that often have more control over their

source of fuel than does the general public. Additionally, the central

control which operators maintain over their vehicles simplifies the

issues related to vehicle maintenance and refueling. Finally, because

fleet vehicles typically travel more miles and are replaced more

frequently than non-fleet vehicles, they offer a greater opportunity to

improve air quality, on a per-vehicle basis and in a more timely

manner, than potentially could be achieved by concentrating on a

similar number of non-fleet vehicles.

The Georgia Department of Natural Resources adopted on April 29,

1994, Regulations 391-3-21-.01 through .11 establishing a CFF program.

The program will be required in the counties of Cherokee, Clayton,

Cobb, Coweta, Dekalb, Douglas, Fayette, Fulton, Forsyth, Gwinnett,

Henry, Paulding and Rockdale. Fleets of 10 or more vehicles that are

centrally fueled or capable of being centrally fueled and operated in

the above counties are required to include in their new vehicle

purchases a certain percentage of clean fueled vehicles (CFV). A CFV is

one which meets any one of the three sets of exhaust emission

standards. The emission standards and the vehicles which meet them are

referred to as low emission vehicles (LEV), ultra low emission vehicles

(ULEV), and zero emission vehicles (ZEV).

Vehicles weighing 26,000 lbs. or less will count towards the

requirement. The purchase must start with 1998 model year vehicles. The

phase-in schedule for vehicles weighing up to 8,500 lbs. Gross Vehicle

Weight Rating (GVWR) is: 30 percent Model Year 1998, 50 percent Model

Year 1999, 70 percent Model Year 2000 and after. The phase-in schedule

for vehicles weighing above 8,500 lbs GVWR is: 50 percent Model Year

1998, 50 percent Model Year 1999, 50 percent 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.

Regulation 391-3-21.08 establishes a credit program in order to

help fleets meet the CFF program requirements. Credits can be generated

by three ways: (1) By purchasing CFVs prior to 1998, (2) by purchasing

extra or exempted CFVs, and (3) by purchasing CFVs with stricter

emissions standards such as ULEV and ZEV. These credits can only be

used in the designated nonattainment area. Credits can be used towards

future purchases or can be sold or traded to other operators. The

Georgia Environmental Protection Division (GAEPD) will keep, approve

and track all credits.

Final action

The EPA is approving this action without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective February 20, 1996, unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on the separate proposed

rule. The EPA will not institute a second comment period on this

action. Any parties interested in commenting on this action should do

so at this time. If no such comments are received, the public is

advised that this action will be effective February 20, 1996.

The Agency has reviewed this request for revision of the Federally-

approved State Implementation Plan for conformance with the provisions

of the 1990 Amendments enacted on November 15, 1990. The Agency has

determined that this action conforms with those requirements.

[[Page 66150]]

Under Section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),

petitions for judicial review of this action must be filed in the

United States Court of Appeals for the appropriate circuit by February

20, 1996. Filing a petition for reconsideration by the Administrator of

this final rule does not affect the finality of this rule for 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) of the Act, 42 U.S.C. 7607 (b)(2)).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from Executive Order 12866 review.

Nothing in this action shall be construed as permitting or allowing

or establishing a precedent for any future request for a revision to

any State Implementation Plan. Each request for revision to the State

Implementation Plan shall be considered separately in light of specific

technical, economic, and environmental factors and in relation to

relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP Actions

SIP approvals under section 110 and subchapter I, part D of the CAA

do not create any new requirements, but simply approve requirements

that the State is already imposing. Therefore, because the Federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the Federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);

42 U.S.C. section 7410(a)(2) and 7410(k)(3).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector, or to

State, local, or tribal governments in the aggregate.

Through submission of this State Implementation Plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 246 of the

Clean Air Act. These rules may bind State, local and tribal governments

to perform certain actions and also require the private sector to

perform certain duties. To the extent that the rules being approved by

this action will impose no new requirements; such sources are already

subject to these regulations under State law. Accordingly, no

additional costs to State, local, or tribal governments, or to the

private sector, result from this action. EPA has also determined that

this final action does not include a mandate that may result in

estimated costs of $100 million or more to State, local, or tribal

governments in the aggregate or to the private sector.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Reporting and

recordkeeping requirements.

Dated: September 29, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, Code of Federal Regulations, is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

Subpart L--Georgia

2. Section 52.570 is amended by adding paragraph (c)(48) to read as

follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(48) Clean Fuel Fleet program submitted to EPA by the Georgia

Department of Natural Resources on May 5, 1994.

(i) Incorporation by reference.

(A) Addition of Regulations 391-3-21-.01, ``Definitions,'' 391-3-

21-.02, ``Covered Area,'' 391-3-21-.03, ``Covered Fleet Operators,''

391-3-21-.04, ``Covered Fleet Vehicles,'' 391-3-21-.05, ``Determination

of Capable of Being Centrally Fueled,'' 391-3-21.06, ``Purchase

Requirements,'' 391-3-21.07, ``Emission Standards,'' 391-3-21.08,

``Credit Program,'' 391-3-21.09, ``Transportation Control Exemptions,''

391-3-21.10, ``Requirements for Fuel Providers,'' 391-3-21-.11, ``

Enforcement'' which became effective on May 22, 1994.

(ii) Other material. None.

[FR Doc. 95-31038 Filed 12-20-95; 8:45 am]

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