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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 18, 2003 (Volume 68, Number 138)]
[Proposed Rules]
[Page 42653-42657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy03-38]

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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 martin.scott@epa.gov.

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
martin.scott@epa.gov. 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 NO_X SIP Call Rule (63 FR
57356). In the 2003 attainment demonstration, Georgia relied heavily on
the benefits achieved through the NO_X 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
----------------------------------------------------------------------------------------------------------
Sulfur quarterly average...... 90 ppm April 1.......... N/A N/A.
-------------------------------
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
----------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------

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 (59 FR 22951, 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

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

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