[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Proposed Rules]
[Pages 42653-42657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18153]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-62, GA-64-200314; FRL-7530-2]


Approval and Promulgation of Implementation Plans; Georgia: 
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On January 31, 2003, the Georgia Environmental Protection 
Division (GAEPD) submitted revisions to the ``Gasoline Marketing 
Rule,'' provided in Georgia's Rules for Air Quality Control, Chapter 
391-3-1-.02(2)(bbb) (the Georgia Fuel Rule) to EPA. The revisions, 
which are in response to concerns regarding adequate gasoline supply, 
address the Georgia Fuel Rule's gasoline sulfur requirements, which 
would have been effective April 1, 2003, and associated reporting and 
testing requirements. On June 19, 2003, the GAEPD submitted a 
subsequent revision to the Georgia Fuel Rule to amend the effective 
date for the gasoline sulfur requirements to September 16, 2003, from 
the effective date cited in the previous State rule revision. In this 
action, EPA is proposing to approve both of GAEPD's requests for a 
revision to the gasoline sulfur requirement for the period of April 1, 
2003, through December 31, 2003.

DATES: Written comments must be received on or before August 18, 2003.

ADDRESSES: Comments may be submitted by mail to: Scott M. Martin, 
Regulatory Development Section, Air Planning Branch, Air, Pesticides 
and Toxics Management Division, U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments 
may also be submitted electronically, or through hand delivery/courier. 
Please follow the detailed instructions described in [Part (I)(B)(1)(i) 
through (iii)] of the Supplementary Information section.

FOR FURTHER INFORMATION CONTACT: Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9036. Mr. Martin can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. How Can I Get Copies of This Document and Other Related Information?

    1. The Regional Office has established an official public 
rulemaking file available for inspection at the Regional Office. EPA 
has established an official public rulemaking file for this action 
under GA-62, GA-64-200314. The official public file consists of the 
documents specifically referenced in this action, any public comments 
received, and other information related to this action. Although a part 
of the official docket, the public rulemaking file does not include 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. The official public rulemaking 
file is the collection of materials that is available for public 
viewing at the Regulatory Development Section, 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 
contact listed in the For Further Information Contact section to 
schedule your inspection. The Regional Office's official hours of 
business are Monday through Friday, 9 to 3:30 excluding federal 
holidays.
    2. Copies of the State submittal and EPA's technical support 
document are also available for public inspection during normal 
business hours, by appointment at the State Air Protection Branch, 
Georgia Environmental Protection Division, Georgia Department of 
Natural Resources, 4244 International Parkway, Suite 120, Atlanta, 
Georgia 30354, telephone (404) 363-7000.
    3. Electronic Access. You may access this Federal Register document 
electronically through the Regulation.gov web site located at

[[Page 42654]]

http://www.regulations.gov where you can find, review, and submit 
comments on Federal rules that have been published in the Federal 
Register, the Government's legal newspaper, and are open for comment.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or on paper, 
will be made available for public viewing at the EPA Regional Office, 
as EPA receives them and without change, unless the comment contains 
copyrighted material, CBI, or other information whose disclosure is 
restricted by statute. When EPA identifies a comment containing 
copyrighted material, EPA will provide a reference to that material in 
the version of the comment that is placed in the official public 
rulemaking file. The entire printed comment, including the copyrighted 
material, will be available at the Regional Office for public 
inspection.

B. How and to Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate rulemaking identification number by including the text 
``Public comment on proposed rulemaking'' ``GA-62, GA-64-200314'' in 
the subject line on the first page of your comment. Please ensure that 
your comments are submitted within the specified comment period. 
Comments received after the close of the comment period will be marked 
``late.'' EPA is not required to consider these late comments.
    1. Electronically. If you submit an electronic comment as 
prescribed below, EPA recommends that you include your name, mailing 
address, and an e-mail address or other contact information in the body 
of your comment. Also include this contact information on the outside 
of any disk or CD ROM you submit, and in any cover letter accompanying 
the disk or CD ROM. This ensures that you can be identified as the 
submitter of the comment and allows EPA to contact you in case EPA 
cannot read your comment due to technical difficulties or needs further 
information on the substance of your comment. EPA's policy is that EPA 
will not edit your comment, and any identifying or contact information 
provided in the body of a comment will be included as part of the 
comment that is placed in the official public docket. 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.
    i. E-mail. Comments may be sent by electronic mail (e-mail) to 
[email protected]. Please include the text ``Public comment on 
proposed rulemaking'' ``GA-62, GA-64-200314'' in the subject line. 
EPA's e-mail system is not an ``anonymous access'' system. If you send 
an e-mail comment directly without going through Regulations.gov, EPA's 
e-mail system automatically captures your e-mail address. E-mail 
addresses that are automatically captured by EPA's e-mail system are 
included as part of the comment that is placed in the official public 
docket.
    ii. Regulation.gov. Your use of Regulation.gov is an alternative 
method of submitting electronic comments to EPA. Go directly to 
Regulations.gov at http://www.regulations.gov, then select 
Environmental Protection Agency at the top of the page and use the go 
button. The list of current EPA actions available for comment will be 
listed. Please follow the online instructions for submitting comments. 
The system is an ``anonymous access'' system, which means EPA will not 
know your identity, e-mail address, or other contact information unless 
you provide it in the body of your comment.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Section 2, directly 
below. These electronic submissions will be accepted in WordPerfect, 
Word or ASCII file format. Avoid the use of special characters and any 
form of encryption.
    2. By Mail. Send your comments to: Scott M. Martin, Regulatory 
Development Section, Air Planning Branch, Air, Pesticides and Toxics 
Management Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Please include the 
text ``Public comment on proposed rulemaking'' ``GA-60, GA-61-200332'' 
in the subject line on the first page of your comment.
    3. By Hand Delivery or Courier. Deliver your comments to: Scott M. 
Martin, Regulatory Development Section, Air Planning Branch, Air, 
Pesticides and Toxics Management Division 12th floor, 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, 9 to 3:30 
excluding federal holidays.

C. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically to EPA. You may claim information that you submit to EPA 
as CBI by marking any part or all of that information as CBI (if you 
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is CBI). Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
    In addition to one complete version of the comment that includes 
any information claimed as CBI, a copy of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the official public regional rulemaking file. If you submit the copy 
that does not contain CBI on disk or CD ROM, mark the outside of the 
disk or CD ROM clearly that it does not contain CBI. Information not 
marked as CBI will be included in the public file and available for 
public inspection without prior notice. If you have any questions about 
CBI or the procedures for claiming CBI, please consult the person 
identified in the FOR FURTHER INFORMATION CONTACT section.

D. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate 
regional file/rulemaking identification number in the subject line on 
the first page of your response. It would also be helpful if you 
provided the name, date, and Federal Register citation related to your 
comments.

II. Background

    On October 28, 1999, the State of Georgia, through the GAEPD, 
submitted an attainment demonstration for the 1-

[[Page 42655]]

hour ozone national ambient air quality standard (NAAQS) for the 
Atlanta nonattainment area for inclusion into the Georgia state 
implementation plan (SIP). This submittal included a version of the 
low-sulfur/low-Reid Vapor Pressure (RVP) fuel regulations that was 
subsequently amended by the State, and that was submitted by the State 
to EPA in revised form in subsequent SIP revisions dated July 31, 2000, 
and August 21, 2001.
    Additionally, on May 31, 2000, in support of its request for SIP 
approval of the State fuel regulations, GAEPD submitted a demonstration 
that, in accordance with section 211(c)(4)(C) of the Clean Air Act (CAA 
or the ``Act'') as amended in 1990, the fuel control is necessary to 
achieve the NAAQS implemented by the applicable SIP. On November 9, 
2001, the 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. The 
extension for the attainment date from 2003 to 2004 resulted from a 
delay in implementation for the NOX SIP Call Rule (63 FR 
57356). In the 2003 attainment demonstration, Georgia relied heavily on 
the benefits achieved through the NOX SIP Call measures. 
Originally, the Georgia Fuel Rule was developed with an attainment date 
of 2003 as a consideration. However, when the attainment date was 
extended to 2004, the GAEPD opted not to revise its Georgia Fuel Rule.
    The Georgia ``necessity'' demonstration submittals contained 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 Georgia Fuel Rule into the SIP. That NPR provided 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. EPA finalized this approval action on February 22, 2002 (67 
FR 8200). The effective date for this Federal approval was March 25, 
2002.
    On January 31, 2003, the GAEPD submitted revisions to the Georgia 
Fuel Rule to EPA to revise the effective date for the 30 parts per 
million (ppm) sulfur requirement from April 1, 2003, to January 1, 
2004. The revisions, made in response to concerns regarding adequate 
gasoline supply, also address associated reporting and testing 
requirements. On June 19, 2003, the GAEPD submitted a subsequent 
revision for the Georgia Fuel Rule to revise the effective date of the 
Georgia Fuel Rule 30 ppm sulfur requirement from January 1, 2004, to 
September 16, 2003.

Clean Air Act Requirements

    The SIP submittal, including the rule revision for Georgia's low-
sulfur/low-RVP fuel control program, meets the requirements outlined in 
section 110 and Part D of Title I of the CAA amendments and 40 CFR part 
51 (Requirements for Preparation, Adoption and Submittal of 
Implementation Plans). The first revision to the rule was formally 
adopted by the GAEPD Board on January 29, 2003, and became State 
effective on February 20, 2003. The second revision to the rule was 
formally adopted by the GAEPD Board on May 28, 2003, and became State 
effective on June 24, 2003.
    These rule changes are within the scope of the ``necessity'' 
demonstration under section 211(c)(4)(C) of the Act because the changes 
do not affect the finding made at the time of the original SIP approval 
regarding the availability of non-fuel measures to bring about timely 
attainment. This fuel program, as currently modified, adds an 
intermediate level of sulfur control to a fuel program that now 
includes three levels of sulfur control instead of two. This additional 
level of sulfur control would not have affected the evaluation of 
potential non-fuel measures and their availability to achieve 
attainment as compared to the fuel program's contribution to the same 
attainment date.

III. Analysis of State's Submittal

    On January 31, 2003, the GAEPD submitted revisions to the Georgia 
Fuel Rule to EPA. The purpose of these revisions is to address the 
Georgia Fuel Rule's 2003 gasoline sulfur requirements, beginning April 
1, 2003, through December 31, 2003, in response to concerns regarding 
adequate gasoline supply, and to revise associated reporting and 
testing requirements. Subsequently, the GAEPD submitted further 
revisions to the fuel rule on June 19, 2003, to reflect the revised 
effective date of the sulfur content annual average of 30 ppm (by 
weight) and per-gallon cap of 150 ppm from January 1, 2004, to 
September 16, 2003.
    The requirements and compliance dates associated with this rule 
revision are below:

 
                                       April 1 through September 15, 2003
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Sulfur quarterly average......  90 ppm            April 1..........  N/A               N/A.
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Sulfur per gallon cap.........  200 ppm           April 1..........  230 ppm           June 1.
RVP...........................  7.0 psi           June 1...........  7.3 psi           June 1-Sept 15.
-------------------------------
                                          September 16, 2003 and beyond
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Sulfur annual average.........  30 ppm            September 16,      N/A               N/A.
                                                   2003.
Sulfur per gallon cap.........  150 ppm           September 16,      230 ppm           (Thru March 31st).
                                                   2003.             175 ppm           June 1.
Seasonal sulfur per gallon cap  80 ppm            June 1-Sept 15...  95 ppm            June 1-Sept 15.
RVP...........................  7.0 psi           June 1-Sept. 15..  7.3 psi           June 1-Sept 15.
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Additional revisions for this rule are described below:
    Paragraph (iv) is being amended to clarify the beginning and ending 
dates, June 1 through September 15, for the

[[Page 42656]]

seasonal sulfur control which becomes effective June 1, 2004.
    Paragraph 4 is being amended to remove conflicting annual reporting 
language and to clarify the content and due date of quarterly reports 
required from each producer and importer.
    Paragraph 5 (iii) is being amended to revise the terminal-level 
sampling requirements for 2003 and beyond for consistency with the 
above described changes.
    EPA is proposing to approve these revisions to the Georgia Fuel 
Rule, as requested by the GAEPD, because these revisions meet the 
requirements of the CAA as amended in 1990. Starting September 16, 
2003, the sulfur content requirements will revert back to the annual 
average of 30 ppm (by weight) and the per-gallon cap of 150 ppm. EPA 
approved an attainment demonstration for Atlanta with an attainment 
date for the 1-hour ozone NAAQS of November 15, 2004. However, due to a 
challenge to EPA's approval of the attainment demonstration for metro 
Atlanta before the United States 11th Circuit Court of Appeals, EPA's 
approval was vacated on June 16, 2003. Atlanta's attainment date has 
reverted to the previously applicable date of 1999. Under the CAA, EPA 
is required to make a finding as to whether Atlanta attained the 1-hour 
ozone NAAQS on November 15, 1999. If EPA finds that Atlanta did not 
attain the 1-hour standard in 1999, Atlanta will be reclassified to a 
severe nonattainment area by operation of law. As a severe area, 
Atlanta's attainment date will be as expeditiously as practicable but 
no later than November 15, 2005. It is unknown at this time if 
Atlanta's severe area attainment date will be November 15, 2004, or 
November 15, 2005, however, under either scenario these revisions will 
not interfere with the Atlanta area's ability to attain the 1-hour 
ozone NAAQS. This rule revision will not cause a delay for either a 
2004 or 2005 attainment date since the original 30 ppm sulfur level 
will be in effect starting September 16, 2003, well before the November 
15, 2004, or November 15, 2005, attainment date.

Tier 2 Credit

    EPA notes that refineries producing low sulfur gasoline with sulfur 
levels below a refinery's baseline established under EPA's Tier 2 
Gasoline Sulfur Control Program prior to the start of this program in 
2004 may generate sulfur credits and/or allotments which can provide 
economic benefits to the refinery. These sulfur credits and allotments 
may be used to allow the refinery to produce gasoline with slightly 
higher sulfur levels in future years, or they may be sold to other 
refiners. A refinery that meets the original April 1, 2003, requirement 
for supplying Georgia low sulfur gasoline may be eligible for more 
sulfur credits under EPA's Tier 2 Gasoline Sulfur Control Program than 
a refinery which meets the revised April 1, 2003, requirement for 
supplying Georgia low sulfur gasoline. Furthermore, such a refinery may 
also be eligible for sulfur allotments since allotments may be 
generated in 2003 by refineries that produce gasoline with an average 
sulfur level that is less than or equal to 60 ppm. For more information 
about EPA's Tier 2 Gasoline Sulfur Control Program, see EPA's 
rulemaking, Control of Air Pollution From New Motor Vehicles: Tier 2 
Motor Vehicle Emissions Standards and Gasoline Sulfur Control 
Requirements, dated February 10, 2000, (65 FR 6698).

IV. Proposed Action

    EPA is proposing to approve the revisions to the Georgia SIP 
described above because they are consistent with EPA guidance and the 
CAA, as amended in 1990. EPA acknowledges that some companies, notably 
BP/Amoco and Chevron, stated in commenting upon the Georgia rule change 
that they had made the necessary investments and were prepared to meet 
the earlier April 1, 2003, deadline for supplying complying fuel. For 
example, Chevron worked pro-actively with the State of Mississippi and 
EPA Region 4 to develop an expedited permitting schedule to allow the 
necessary changes to their Pascagoula, MS, refinery in a good faith 
effort to meet the original rule deadlines. Although quantitative 
estimates are not available, today's proposed action will inevitably to 
some degree disadvantage companies who made these investments with an 
eye to meeting the original deadline as opposed to those companies 
which delayed making the necessary investments. EPA commends these 
companies for their commitment to environmental protection and, in 
keeping with EPA's policy and practice of encouraging early reductions, 
will be looking for ways to provide incentives for companies who comply 
ahead of regulatory deadlines.

V. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed 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 
proposed action merely proposes to approve state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this proposed 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 proposes to approve 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 proposed 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, 2000). 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, 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 proposes to approve a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. This 
proposed 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, as 
stated in the previous paragraph.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement 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

[[Page 42657]]

that otherwise satisfies the provisions of the Clean Air Act. Thus, the 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272) do not apply. This proposed 
rule does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: July 9, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 03-18153 Filed 7-17-03; 8:45 am]
BILLING CODE 6560-50-P