[Federal Register Volume 69, Number 116 (Thursday, June 17, 2004)]
[Rules and Regulations]
[Pages 33862-33864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-13683]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-62, GA-64-200418; FRL-7672-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On July 18, 2003, EPA published a proposed rule (68 FR 42653) 
proposing to approve revisions to the State of Georgia's ``Gasoline 
Marketing Rule'' which were submitted to EPA on January 31, 2003, and 
June 19, 2003.
    Adverse comment was received during the comment period, and this 
action addresses the adverse comments and grants final approval to the 
revisions.

Dates: Effective Date: This rule will be effective July 19, 2004.

ADDRESSES: Copies of documents relevant to this action are available 
for public inspection during normal business hours at the following 
addresses:

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.
Air Protection Branch, Georgia Environmental Protection Division, 
Georgia Department of Natural Resources, 4244 International

[[Page 33863]]

Parkway, Suite 120, Atlanta, Georgia 30354. Telephone (404) 363-7000.

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. Background

    On January 31, 2003, and June 19, 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. EPA proposed approval of 
these revisions in a Federal Register published on July 18, 2003, (68 
FR 42653). Adverse comment was received during the comment period. In 
today's action, EPA is responding to the adverse comment, and granting 
final approval to GAEPD's request for a revision to the gasoline sulfur 
requirement for the period of April 1, 2003, through December 31, 2003.

II. Comment and Response

    EPA received comments from the public on the Notice of Proposed 
Rulemaking (NPRM) published in the Federal Register on July 18, 2003, 
(68 FR 42653). Comments were submitted by Chevron, Williams Energy, and 
Collier Shannon Scott on behalf of QuickTrip. Two Commentors expressed 
support of this proposed rulemaking. The other Commentor, while in 
favor of the NPRM to revise the State's implementation date from 
January 1, 2004, to September 16, 2003, expressed concern about the 
State's original revision of the implementation date from April 1, 
2003.
    The following discussion summarizes and responds to the adverse 
comment received.

Comment

    By delaying the Georgia Gasoline Marketing Rule's original April 1, 
2003 compliance deadline for 30 ppm sulfur gasoline, Georgia delayed 
significant VOC and NOX emissions reductions this summer and 
failed to make ``reasonable further progress'' required under sections 
182(c)(2)(B), 182(c)(2)(C) and 182(f) of the Clean Air Act this year. 
Since most, if not all, VOC and NOX emission reductions 
achieved by the Atlanta area nonattainment SIP would have been achieved 
by the original Georgia fuels rule, the relaxation of the sulfur 
standard for nine months in 2003 substantially delayed needed emission 
reductions in the greater Atlanta area. It was technologically 
achievable to meet 30 ppm sulfur gasoline demand on April 1, 2003, 
since some companies achieved it. Although Georgia can move back 
towards the RFP track by accelerating the compliance date to September 
16, 2003 (rather than January 1, 2004), any additional delays or 
relaxations would again threaten Atlanta's ability to meet RFP 
requirements and should not be allowed under the Clean Air Act.

Response

    The emissions reductions in the Atlanta 1-Hour Ozone State 
Implementation Plan (SIP) are associated with many different sources 
throughout the 43 counties surrounding and including the nonattainment 
area. The emission reductions expected from the Georgia Gasoline 
Marketing Rule are a very small portion of a very large number of 
reductions expected and achieved in the 2003 ozone season from the 
controls in the Atlanta SIP. For instance, the majority of the emission 
reductions are associated with the elevated emissions from power 
plants. Even though the April 1, 2003, compliance date for the Gasoline 
Marketing Rule was delayed until September 16, 2003, reasonable further 
progress was achieved. The Georgia Environmental Protection Division 
has provided all elements that were required to achieve reasonable 
further progress, and has implemented many of these measures. EPA 
believes that revision of the second phase of the Georgia Gasoline 
Marketing Rule (i.e., requirement for 30 ppm sulfur in gasoline as 
opposed to 150 ppm (i.e., for Phase 1) or 90 ppm sulfur (i.e., interim 
requirement beginning April 1, 2003) in gasoline) did not interfere 
with the section 182(c)(2) RFP requirement.
    In addition to the adverse comment mentioned above, Commentors 
provided EPA with their proposal on enforcement options for all 
regulated parties that fail to supply the 30 parts per million (ppm) 
gasoline after September 15, 2003. Some Commentors requested 
flexibility and case-by-case consideration for the imposition of a per-
gallon-fee for noncompliant gasoline, while other Commentors urged EPA 
to impose a per-gallon-fee for noncompliant gasoline .
    In a letter entitled ``Re: Enforcement Discretion--Georgia's Low 
Sulfur/Low RVP Fuel Program,'' dated April 24, 2003, from John Peter 
Suarez of EPA's Office of Enforcement and Compliance Assurance to Ron 
Methier of the Georgia Environmental Protection Division, EPA provides 
detail of enforcement discretion that could be provided to all 
regulated parties after September 15, 2003. Specifically, the letter 
states ``After September 15, 2003, all regulated parties will be 
required to meet the sulfur requirements of the applicable Georgia 
regulations, i.e., 30 ppm annual average, and a per-gallon cap of 150 
ppm. In the event that a regulated party is unable to supply compliant 
gasoline to the Atlanta-area market beginning September 16, 2003, and 
provided that EPA believes additional relief is necessary, EPA will 
require the non-complying party to enter into a compliance agreement 
requiring that party to remediate the harmful effects of the excess 
emissions caused by its gasoline by contributing not less than 7 cents 
per gallon to an emissions offset program in the affected area as 
approved by the State of Georgia.''

III. Final Action

    EPA is granting final approval to the revisions to the Georgia SIP 
described above because they are consistent with EPA guidance and the 
CAA, as amended in 1990.

IV. Statutory and Executive Order Reviews

    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

[[Page 33864]]

governments, as described in the Unfunded Mandates Reform Act of 1995 
(Pub. L. 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, 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 approves 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 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 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 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 note) do not apply. This 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.).
    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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 16, 2004. 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).)

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.

    Dated: May 26, 2004.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.


0
Part 52 of chapter I, title 40, Code of Federal Regulations, is amended 
as follows:

PART 52--[AMENDED]

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(c), is amended by revising the entry for ``391-3-
1-.02(2)(bbb) Gasoline Marketing'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                                  State
           State citation                  Title/subject        effective      EPA approval date     Explanation
                                                                   date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(2)(bbb).................  Gasoline Marketing.....   6/24/2003   6/17/2004 [Insert
                                                                             citation of
                                                                             publication].
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 04-13683 Filed 6-16-04; 8:45 am]
BILLING CODE 6560-50-P