[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66149-66150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31038]



=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 6560-50-P