[Federal Register Volume 67, Number 36 (Friday, February 22, 2002)]
[Rules and Regulations]
[Pages 8200-8202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4142]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-47-2; GA-55-2; GA-58-2-200216; FRL-7148-4]


Approval and Promulgation of Air Quality State Implementation 
Plans; Georgia: Control of Gasoline Sulfur and Volatility

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision, 
submitted by the State of Georgia through the Georgia Environmental 
Protection Division (GAEPD), establishing low-sulfur and low-Reid Vapor 
Pressure (RVP) requirements for gasoline distributed in the 13-county 
Atlanta nonattainment area and 32 surrounding attainment counties. 
Georgia developed these fuel requirements to reduce emissions of 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
as part of the State's strategy to achieve the National Ambient Air 
Quality Standard (NAAQS) for ozone in the Atlanta nonattainment area. 
EPA is approving Georgia's fuel requirements into the SIP because these 
fuel requirements are in accordance with the requirements of the Clean 
Air Act (the Act), and are necessary for the Atlanta nonattainment area 
to achieve the 1-hour ozone NAAQS in a timely manner.

EFFECTIVE DATE: This final rule is effective on March 25, 2002.

ADDRESSES: Copies of the State submittal(s) are available at the 
following addresses for inspection during normal business hours:
    Environmental Protection Agency, Region 4, Air Planning Branch, 61

[[Page 8201]]

Forsyth Street, SW, Atlanta, Georgia 30303-8960. Lynorae Benjamin, 
(404) 562-9040.
    Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International Parkway, 
Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, Air Quality Modeling 
and Transportation Section, Air Planning Branch, Air, Pesticides and 
Toxics Management Division, Region 4, Environmental Protection Agency, 
Atlanta Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-
8960. The telephone number is (404) 562-9040. Ms. Benjamin can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: On October 28, 1999, the State of Georgia, 
through the GAEPD, submitted an attainment demonstration for the 1-hour 
ozone NAAQS for the Atlanta nonattainment area for inclusion into the 
Georgia SIP. This submittal included a version of the low-sulfur/low-
RVP fuel regulations that has subsequently been amended by the State, 
and submitted by the State to EPA in revised form in subsequent SIP 
revisions dated July 31, 2000, and August 21, 2001. The version 
submitted on August 21, 2001, which is the subject of this final 
rulemaking, is the ``Gasoline Marketing Rule,'' provided in Georgia's 
Rules for Air Quality Control, Chapter 391-3-1.02(2) (bbb).
    On May 31, 2000, in support of its request for SIP approval of the 
State fuel regulations, GAEPD also submitted a demonstration that, in 
accordance with section 211(c)(4)(C) of the Act, the fuel control is 
necessary to achieve a NAAQS. On November 9, 2001, GAEPD submitted an 
updated ``necessity'' demonstration which reflected the revised motor 
vehicle emissions budget, the request for an attainment date extension 
from 2003 to 2004, and the revised Partnership for a Smog Free Georgia 
emissions calculations. Specifically, the Georgia ``necessity'' 
demonstration submittals contain data and analyses to support a finding 
under section 211(c)(4)(C) that the State's low-sulfur and low-RVP 
requirements are necessary for the Atlanta nonattainment area to 
achieve the ozone NAAQS. On December 11, 2001, (66 FR 63982) EPA 
published a notice of proposed rulemaking (NPR) to approve the fuel 
waiver request and fuel rule. That NPR provides a detailed description 
of this action and EPA's rationale for proposed approval. The public 
comment period for this action ended on January 25, 2002. No comments, 
adverse or otherwise, were received on EPA's proposal.

Final Action

    EPA is approving Georgia's low-sulfur/low-RVP fuel program into the 
federally enforceable SIP because the fuel requirements are in 
accordance with the Act, are necessary for the Atlanta nonattainment 
area to achieve the 1-hour ozone NAAQS in a timely manner, and will 
supply some or all of the reductions needed to achieve the ozone NAAQS.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S. C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2001). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132 (64 
FR 43255, August 10, 1999). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of prior existing requirements for the State to 
use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National Technology Transfer and Advancement Act of 1195 
(15 U.S.C. 272 note) do not apply. This rule does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Action of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by April 23, 2002. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

[[Page 8202]]

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements.

    Dated: February 4, 2002.
A. Stanley Meiburg,
Acting Regional Administrator,
Region 4.

    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 et seq.

Subpart L--Georgia

    2. Section 52.569 is removed and reserved.

    3. Section 52.570 is amended by:
    a. Adding in the table to paragraph (c) a new entry in numerical 
order for 391-3-1-.02(2)(bbb); and
    b. Adding two new entries 16 and 17 in numerical order to the table 
in paragraph (e).
    The additions read as follows:


Sec. 52.570  Identification of plan.

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    (c) * * *

                                        EPA Approved Georgia Regulations
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                                                                State         EPA
           State citation                 Title/subject       effective     approval          Explanation
                                                                 date         date
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*                  *                  *                  *                  *                  *
                                                        *
391-3-1-.02(2)(bbb)................  Gasoline Marketing         07/18/01      2/22/02
                                      Rule.
 
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    (e) * * *

                                  EPA Approved Georgia Nonregulatory Provisions
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                                        Applicable geographic    State submittal date/
 Name of nonregulatory SIP provision    or nonattainment area        effective date         EPA approval date
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*                  *                  *                  *                  *                  *
                                                        *
16. Preemption Waiver Request for Low- Atlanta Metropolitan     May 31, 2000...........  February 22, 2002
 RVP, Low-Sulfur Gasoline Under Air     Area.
 Quality Control Rule 391-3-1-
 .02(2)(bbb).
17. Technical Amendment to the         Atlanta Metropolitan     November 9, 2001.......  February 22, 2002
 Georgia Fuel Waiver Request of May     Area.
 31, 2000.
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[FR Doc. 02-4142 Filed 2-21-02; 8:45 am]
BILLING CODE 6560-50-P