[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]
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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.
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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.
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(c) * * *
EPA Approved Georgia Regulations
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State
State citation Title/subject effective EPA approval date Explanation
date
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* * * * * * *
391-3-1-.02(2)(bbb)................. Gasoline Marketing..... 6/24/2003 6/17/2004 [Insert
citation of
publication].
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[FR Doc. 04-13683 Filed 6-16-04; 8:45 am]
BILLING CODE 6560-50-P