[Federal Register Volume 80, Number 169 (Tuesday, September 1, 2015)]
[Rules and Regulations]
[Pages 52627-52630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0161; FRL-9933-32-Region 4]


Approval and Promulgation of Implementation Plans; Georgia: 
Changes to Georgia Fuel Rule and Other Miscellaneous Rules

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Georgia's February 5, 2015, State Implementation Plan (SIP) 
revision, submitted through the Georgia Environmental Protection 
Division (GA EPD), to modify the SIP by removing Georgia's Gasoline 
Marketing Rule and Consumer and Commercial Products Rule, revising the 
Nitrogen Oxide (NOX) Emissions from Stationary Gas Turbines 
and Stationary Engines Rule, and adding measures to offset the 
emissions increases expected from the changes to these rules. This 
modification to the SIP will affect, in varying ways, the 45 counties 
in and around the Atlanta, Georgia, metropolitan area covered by the 
Georgia Gasoline Marketing Rule (hereinafter referred to as the 
``Georgia Fuel Area''). Additionally, EPA is also approving structural 
changes to the NOX Emissions from Stationary Gas Turbines 
and Stationary Engines Rule included in a SIP revision submitted by GA 
EPD on September 26, 2006. EPA has determined that the portion of 
Georgia's September 26, 2006, SIP revision addressing changes to the 
NOX Emissions from Stationary Gas Turbines and Stationary 
Engines Rule and the February 5, 2015, SIP revision meet the applicable 
provisions of the Clean Air Act (CAA or Act).

DATES: This rule is effective October 1, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0161. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section (formerly the Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
the 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 person listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 a.m. to 4:30 
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong of the Air Regulatory 
Management Section, in the Air Planning and Implementation Branch, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 
30303-8960. Mr. Wong may be reached by phone at (404) 562-8726 or via 
electronic mail at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background for Final Action

    On November 16, 1991, EPA designated and classified the following 
counties in Georgia, either in their entirety or portions thereof, as a 
serious ozone nonattainment area for the 1-hour ozone NAAQS 
(hereinafter referred to as the ``Atlanta 1-Hour Ozone Area''): 
Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, 
Fulton, Gwinnett, Henry, Paulding, and Rockdale. Among the requirements 
applicable to the nonattainment area for the 1-hour ozone NAAQS was the

[[Page 52628]]

requirement to meet certain volatility standards (known as Reid Vapor 
Pressure or RVP) for gasoline sold commercially. See 55 FR 23658 (June 
11, 1990). Subsequently, in order to comply with the 1-hour ozone 
NAAQS, Georgia opted to implement Georgia Rule 391-3-1-.02(2)(bbb), 
Gasoline Marketing (hereinafter referred to as the ``Georgia Fuel 
Rule''), which requires the sale of low sulfur, 7.0 RVP gasoline in the 
45-county Georgia Fuel Area during the high ozone season.\1\ EPA 
incorporated the Georgia Fuel Rule into the Georgia SIP on July 19, 
2004. See 69 FR 33862 (June 17, 2004).
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    \1\ The Georgia Fuel Area consists of the following 45 counties: 
Banks, Barrow, Bartow, Butts, Carroll, Chattooga, Cherokee, Clarke, 
Clayton, Cobb, Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, 
Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, Heard, Henry, 
Jackson, Jasper, Jones, Lamar, Lumpkin, Madison, Meriwether, Monroe, 
Morgan, Newton, Oconee, Paulding, Pickens, Pike, Polk, Putnam, 
Rockdale, Spalding, Troup, Walton and Upson. This Area encompasses 
the 20-county 8-hour Atlanta ozone maintenance area for the 1997 
ozone NAAQS and the 15-county 8-hour Atlanta ozone nonattainment 
area for the 2008 ozone NAAQS. Georgia received a waiver under 
section 211(c)(4)(C) of the CAA to adopt a state fuel program that 
is more stringent than that which was federally required for the 
Atlanta 1-Hour Ozone Area. The Georgia Fuel Rule requires the sale 
of low sulfur, 7.0 psi RVP gasoline in the Georgia Fuel Area.
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    On February 5, 2015, GA EPD submitted a SIP revision to modify the 
SIP by removing Georgia Rule 391-3-1-.02(2)(aaa), Consumer and 
Commercial Products,\2\ and Georgia Rule 391-3-1-.02(2)(bbb), Gasoline 
Marketing, and revising Georgia Rule 391-3-1-.02(2)(mmm), NOx Emissions 
from Stationary Gas Turbines and Stationary Engines used to Generate 
Electricity.\3\ The SIP revision also includes measures to offset the 
emissions increases expected from the changes to these rules and a 
technical demonstration that these changes will not interfere with 
attainment or maintenance of any national ambient air quality standards 
(NAAQS or standard) or with any other applicable requirement of the 
CAA. Additionally, the State submitted a SIP revision on September 26, 
2006, that contains structural changes to Georgia Rule 391-3-
1-.02(2)(mmm).
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    \2\ The Consumer and Commercial Products Rule applies in the 
following 13 counties that make up the former Atlanta 1-hour ozone 
nonattainment area: Cherokee, Clayton, Cobb, Coweta, DeKalb, 
Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and 
Rockdale.
    \3\ Georgia Rule 391-3-1-.02(2)(mmm) only applies in the Georgia 
Fuel Area.
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    Georgia Rule 391-3-1-.02(2)(mmm) reduces emissions from stationary, 
peak performing engines that tend to operate during high electricity 
demand days in the 45-county Georgia Fuel Area. The State's February 5, 
2015, SIP revision modifies the rule to exempt stationary engines at 
data centers from the rule's NOX emission limits provided 
that the engines operate for less than 500 hours per year and only for 
routine testing and maintenance, when electric power from the local 
utility is not available, or during internal system failures. The rule 
change also limits routine testing and maintenance of these engines 
during the high ozone season to the hours of 10 p.m. to 4 a.m. to 
reduce the possibility of ozone formation due to these emissions. The 
September 26, 2006, SIP revision makes a structural change to the SIP-
approved version of the regulation, pulling the emergency engine 
exemption into a new paragraph (Paragraph 7) and limits the exemption 
to the emission limits in Paragraph 1 of the rule.
    The February 5, 2015, SIP revision includes two offset measures--
school bus replacements and rail locomotive conversions--to obtain the 
necessary emissions reductions to offset the rule changes identified in 
that submittal. The State's school bus replacement program permanently 
replaced 60 older school buses in DeKalb, Fayette, Henry, and Madison 
Counties with the newer and cleaner 2015 model year buses by October 
2014. The locomotive conversion program consists of two components: (1) 
The conversion of 28 locomotives from Norfolk Southern Railway Company 
and CSX Transportation to EPA Tier 3 switch duty, Tier 3 Line-Haul, and 
Tier 2 Switch emissions standards, and (2) the installation of an 
electric layover system at the Norfolk Southern Atlanta Terminal. The 
State demonstrated that the offset measures result in equivalent or 
greater emissions reductions that are permanent, enforceable, 
quantifiable, surplus, and contemporaneous.
    In addition, Georgia's SIP revision includes a contingency offset 
measure in the event that the locomotive conversion program cannot be 
fully completed. The contingency measure would obtain NOX 
offsets from the permanent retirement of Unit 3 at Georgia Power's 
Eugene A. Yates Steam-Electric Generating Plant. Upon a determination 
that sufficient offsets will not be achieved within one year from the 
date of EPA's final action on Georgia's February 5, 2015, SIP 
submission, GA EPD will revise Georgia Rule 391-3-1-.02(12)(f), Clean 
Air Interstate Rule NOX Annual Trading Program, for the 
purposes of retiring or reducing the appropriate New Source Set Asides 
and submit that rule revision, along with the Title V permit condition 
that requires the shutdown of Unit 3, as a SIP revision. GA EPD will 
use the necessary substitute emissions reductions to replace any 
emissions shortfall in the event the locomotive conversions are not 
completed. EPA has determined that the State has successfully 
demonstrated that 660 tons of NOX offset is available 
through implementation of the contingency measure in the event the 
locomotive conversion program is not completed and that the measures 
will be permanent, enforceable, quantifiable, contemporaneous, surplus, 
and equivalent.
    In a notice of proposed rulemaking (NPR) published on June 26, 
2015, EPA proposed to approve the February 5, 2015, SIP revision and 
the portion of the September 26, 2006, submission that contains 
structural changes to Georgia Rule 391-3-1-.02(2)(mmm). See 80 FR 
36750. The details of Georgia's submittals and the rationale for EPA's 
action is explained in the NPR.
    EPA received one comment on the NPR. This comment, submitted by the 
Society of Independent Gasoline Marketers of America and provided in 
the docket for today's final action, supports approval of the February 
5, 2015, SIP revision but expresses concern about the timing of the 
action. A summary of the comment and EPA's response to the comment are 
provided below.

II. EPA's Response to Comment

    The Commenter supports EPA's proposal to approve the State's 
February 5, 2015, SIP revision but notes that it is ``very disturbed by 
rumors that EPA will approve and implement this change [during the week 
of July 27, 2015], which will be right in the middle of the summer fuel 
season.'' The Commenter ``requests that EPA approve and implement the 
Georgia SIP in a manner that will not damage the fuel marketing 
industry and ultimately penalize those who have complied with the 
Agency's environmental mandate.''
    EPA does not view this comment as adverse, and the basis for the 
Commenter's concerns regarding the finalization of the rule during the 
week of July 27, 2015 is unclear. EPA has proposed and finalized this 
action under its standard rulemaking process, and it will be effective 
on October 1, 2015.

III. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporate by reference of Georgia Rule 
391-3-1-.02(2)(mmm), NOX Emissions from

[[Page 52629]]

Stationary Gas Turbines and Stationary Engines used to Generate 
Electricity. EPA has made, and will continue to make, these documents 
generally available electronically through www.regulations.gov and/or 
in hard copy at the appropriate EPA office (see the ADDRESSES section 
of this preamble for more information).

IV. Final Action

    EPA is taking final action to approve Georgia's February 5, 2015, 
SIP revision, including the section 110(l) demonstration that modifying 
the SIP to remove Georgia Rules 391-3-1-.02(2)(aaa) and 391-3-
1-.02(2)(bbb) and revising Georgia Rule 391-3-1-.02(2)(mmm) will not 
interfere with attainment or maintenance of any NAAQS or with any other 
applicable requirement of the CAA. EPA is also taking final action to 
approve the portion of the State's September 26, 2006, SIP revision 
that contains structural changes to Georgia Rule 391-3-1-.02(2)(mmm).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submittal that complies with the provisions of the Act and applicable 
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not propose to impose additional requirements beyond those imposed 
by state law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, October 7, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000) nor will it 
impose substantial direct costs on tribal governments or preempt tribal 
law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
Reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Particulate matter, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: August 19, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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 is amended:
0
a. In paragraph (c):
0
i. By removing the entries for ``391-3-1-.02(2)(aaa)'' and ``391-3-
1-.02(2)(bbb).''; and
0
ii. By revising the entry for ``391-3-1-.02(2)(mmm)''; and
0
b. In paragraph (e) by adding an entry to the end of the table entitled 
``Offset measures associated with the repeal of Georgia Rules 391-3-
1-.02(2)(aaa) and 391-3-1-.02(2)(bbb) and the revision to Georgia Rule 
391-3-1-.02(2)(mmm)''.
    The revisions and additions read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
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                                                       State effective
         State citation             Title/Subject            date          EPA Approval date      Explanation
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                                                  * * * * * * *
391-3-1-.02(2)(mmm)............  NOX Emissions from  May 4, 2014........  September 1, 2015
                                  Stationary Gas                           [Insert Federal
                                  Turbines and                             Register
                                  Stationary                               citation].
                                  Engines used to
                                  Generate
                                  Electricity.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

[[Page 52630]]



                                 EPA-Approved Georgia Non-Regulatory Provisions
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                                     Applicable
   Name of nonregulatory SIP        geographic or      State submittal     EPA Approval date      Explanation
           provision             nonattainment area  date/Effective date
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                                                  * * * * * * *
Offset measures associated with  Banks, Barrow,      May 4, 2014........  September 1, 2015   Includes the
 the repeal of Georgia Rules      Bartow, Butts,                           [Insert Federal     contingency
 391-3-1-.02(2)(aaa) and 391-3-   Carroll,                                 Register            offset measure in
 1-.02(2)(bbb) and the revision   Chattooga,                               citation].          the event that
 to Georgia Rule 391-3-1-         Cherokee, Clarke,                                            the locomotive
 .02(2)(mmm).                     Clayton, Cobb,                                               conversion
                                  Coweta, Dawson,                                              program cannot be
                                  DeKalb, Douglas,                                             fully completed.
                                  Fayette, Floyd,
                                  Forsyth, Fulton,
                                  Gordon, Gwinnett,
                                  Hall, Haralson,
                                  Heard, Henry,
                                  Jackson, Jasper,
                                  Jones, Lamar,
                                  Lumpkin, Madison,
                                  Meriwether,
                                  Monroe, Morgan,
                                  Newton, Oconee,
                                  Paulding,
                                  Pickens, Pike,
                                  Polk, Putnam,
                                  Rockdale,
                                  Spalding, Troup,
                                  Walton and Upson.
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[FR Doc. 2015-21536 Filed 8-31-15; 8:45 am]
 BILLING CODE 6560-50-P