[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66149-66150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31038]
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Environmental Protection Agency
40 CFR Part 52
[GA-27-1-7186a; FRL-5320-3]
Approval and Promulgation of Implementation Plans Georgia:
Approval of Revisions to Georgia Regulations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the revision to the Georgia State
Implementation Plan (SIP). On May 5, 1994, the Georgia Environmental
Protection Division submitted regulations 391-3-21-.01 through .11
establishing a Clean Fuel Fleet program. These rules became effective
on May 22, 1994.
DATES: This final rule will be effective February 20, 1996, unless
adverse or critical comments are received by January 22, 1996. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments on this action should be addressed to
Benjamin Franco, at the EPA Regional Office listed below. Copies of the
documents relative to this action are available for public inspection
during normal business hours at the following locations. The interested
persons wanting to examine these documents should make an appointment
with the appropriate office at least 24 hours before the visiting day.
Air and Radiation Docket and Information Center (Air Docket 6102),
U.S. Environmental Protection Agency, 401 M Street, SW, Washington,
DC 20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street NE, Atlanta, Georgia 30365.
Georgia Environmental Protection Division, 4244 International
Parkway, Suite 120, Atlanta, GA 30354.
FOR FURTHER INFORMATION CONTACT: Benjamin Franco, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region 4 Environmental Protection Agency, 345
Courtland Street, NE, Atlanta, Georgia 30365. The telephone number is
404/347-3555 x-4211. Reference file GA27-1-7186a.
SUPPLEMENTARY INFORMATION: Section 246(a) of the 1990 Clean Air Act
(CAA) requires ozone nonattainment areas classified serious and above
to implement a Clean Fuel Fleet (CFF) program. The program is designed
to introduce lower-emitting vehicles into centrally fueled fleets in
ozone nonattainment areas classified as serious. By choosing to
introduce clean fuel vehicles in centrally fueled fleets, Congress
focused on vehicle operators that often have more control over their
source of fuel than does the general public. Additionally, the central
control which operators maintain over their vehicles simplifies the
issues related to vehicle maintenance and refueling. Finally, because
fleet vehicles typically travel more miles and are replaced more
frequently than non-fleet vehicles, they offer a greater opportunity to
improve air quality, on a per-vehicle basis and in a more timely
manner, than potentially could be achieved by concentrating on a
similar number of non-fleet vehicles.
The Georgia Department of Natural Resources adopted on April 29,
1994, Regulations 391-3-21-.01 through .11 establishing a CFF program.
The program will be required in the counties of Cherokee, Clayton,
Cobb, Coweta, Dekalb, Douglas, Fayette, Fulton, Forsyth, Gwinnett,
Henry, Paulding and Rockdale. Fleets of 10 or more vehicles that are
centrally fueled or capable of being centrally fueled and operated in
the above counties are required to include in their new vehicle
purchases a certain percentage of clean fueled vehicles (CFV). A CFV is
one which meets any one of the three sets of exhaust emission
standards. The emission standards and the vehicles which meet them are
referred to as low emission vehicles (LEV), ultra low emission vehicles
(ULEV), and zero emission vehicles (ZEV).
Vehicles weighing 26,000 lbs. or less will count towards the
requirement. The purchase must start with 1998 model year vehicles. The
phase-in schedule for vehicles weighing up to 8,500 lbs. Gross Vehicle
Weight Rating (GVWR) is: 30 percent Model Year 1998, 50 percent Model
Year 1999, 70 percent Model Year 2000 and after. The phase-in schedule
for vehicles weighing above 8,500 lbs GVWR is: 50 percent Model Year
1998, 50 percent Model Year 1999, 50 percent Model Year 2000 and after.
The following vehicles are exempted from these requirements: motor
vehicles for lease or rental to the general public, dealer
demonstration vehicles that are used solely for the purpose of
promoting motor vehicle sales, emergency vehicles, law enforcement
vehicles, nonroad vehicles (farm and construction vehicles), vehicles
garaged at a personal residence and not being centrally fueled, and
vehicles used for motor vehicle manufacturer product evaluations and
tests.
Regulation 391-3-21.08 establishes a credit program in order to
help fleets meet the CFF program requirements. Credits can be generated
by three ways: (1) By purchasing CFVs prior to 1998, (2) by purchasing
extra or exempted CFVs, and (3) by purchasing CFVs with stricter
emissions standards such as ULEV and ZEV. These credits can only be
used in the designated nonattainment area. Credits can be used towards
future purchases or can be sold or traded to other operators. The
Georgia Environmental Protection Division (GAEPD) will keep, approve
and track all credits.
Final action
The EPA is approving this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective February 20, 1996, unless, within 30 days of its publication,
adverse or critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the separate proposed
rule. The EPA will not institute a second comment period on this
action. Any parties interested in commenting on this action should do
so at this time. If no such comments are received, the public is
advised that this action will be effective February 20, 1996.
The Agency has reviewed this request for revision of the Federally-
approved State Implementation Plan for conformance with the provisions
of the 1990 Amendments enacted on November 15, 1990. The Agency has
determined that this action conforms with those requirements.
[[Page 66150]]
Under Section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by February
20, 1996. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for 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) of the Act, 42 U.S.C. 7607 (b)(2)).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from Executive Order 12866 review.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any State Implementation Plan. Each request for revision to the State
Implementation Plan shall be considered separately in light of specific
technical, economic, and environmental factors and in relation to
relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
SIP Actions
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976);
42 U.S.C. section 7410(a)(2) and 7410(k)(3).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this State Implementation Plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under section 246 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. To the extent that the rules being approved by
this action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: September 29, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart L--Georgia
2. Section 52.570 is amended by adding paragraph (c)(48) to read as
follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
(48) Clean Fuel Fleet program submitted to EPA by the Georgia
Department of Natural Resources on May 5, 1994.
(i) Incorporation by reference.
(A) Addition of Regulations 391-3-21-.01, ``Definitions,'' 391-3-
21-.02, ``Covered Area,'' 391-3-21-.03, ``Covered Fleet Operators,''
391-3-21-.04, ``Covered Fleet Vehicles,'' 391-3-21-.05, ``Determination
of Capable of Being Centrally Fueled,'' 391-3-21.06, ``Purchase
Requirements,'' 391-3-21.07, ``Emission Standards,'' 391-3-21.08,
``Credit Program,'' 391-3-21.09, ``Transportation Control Exemptions,''
391-3-21.10, ``Requirements for Fuel Providers,'' 391-3-21-.11, ``
Enforcement'' which became effective on May 22, 1994.
(ii) Other material. None.
[FR Doc. 95-31038 Filed 12-20-95; 8:45 am]
BILLING CODE 6560-50-P
