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## At**tachment A**  **Supporting Documentation for 1 10(l) and 193 Demonstration**  **Georgia Chapter**  **391 -**  **1 -** **22, Georgia’ s Clean Fuel**  **ed Fleet**  **Rules Federal Regulations A** **nd The**  **Ozone Nonattainment Ar** **ea** The Clean Fuel Fleet Program (CFFP) is a requirement of section 182(c)(4) of the CAA for areas that have been designated serious nonattainment or above for the ozone National Ambient Air Quality Standards (NAAQS). C FFP is listed as an applicable requirement in 40 CFR 51.900(f) (as well as in the proposed list of applicable requirements in 40 CFR 51.1 100(o)). The Atlanta area was previously classified as severe for the previous 1 - hour ozone NAAQS. The area was re-designated as attainment on June 15, 2005 [70FR 34660]. T he Atlanta area was subsequently designated as nonattainment and classified as moderate for the 1997 8- hour ozone NAAQS. T he Atlanta area was re-designated as attainment for the 1997 standard on December 2, 2013 [78FR 72040], prior to revocation of that standard. T he Atlanta area is currently classified as a marginal nonattainment area for the 2008 8- hour ozone NAAQS [73 FR 16483]. In addition, the currently proposed rule for the “Implementation of the 2008 National Ambient Air Qu ality Standards for Ozone: State Implementation Plan Requirements” [78FR 34178] proposes to replace the current anti - backsliding requirements by amending 40 CFR Part 51 Subpart AA

to address both the previously revoked 1 - hour ozone NAAQS and the 1997 8- ho ur ozone NAAQS. T he proposed anti - backsliding provisions for areas that are designated nonattainment fo r the 2008 NAAQS and attainment/maintenance fo r previous NAAQS are summarized in Ta ble 2 -2008 Ozone NAAQS Transition Obligations of the proposal as foll ows: “Area remains subject to existing section 175A m aintenance plan fo r the previous NAAQS and requirements already in the SIP , subject to revision consistent with sections 1 10(l) and 193.” As indicated in the transmittal letter, 40 CFR 51.905(b) addresses state anti - backsliding requirements regarding implementation of a pplicable requirements after an area attains the 8- hour ozone NAAQS as follows: “A State remains subject to the obligations under paragraphs (a)(1)(i) and (a)(2) of this section unt il the area attains the 8- hour NAAQS. Af ter the area attains the 8- hour NAAQS, the State may request such obligations be shifted to contingency measures, consistent with sections 1 10(l) and 193 of the CAA...” Because the Atlanta area has attained the 19 97 ozone NAAQS prior to revocation of that standard, Georgia’ s Clean Fueled Fleet Rules may be shifted to contingency measures, consistent with sections 11 0(l) and 193 of the CAA. S ection 193 is a general savings clause pertaining to regulations, standard s, rules, notices, orders, and guidance promulgated or issued prior to November 15, 1990. CFFF was effective on May 22, 1994. Therefore, the substantive CAA p rovision EPD will demonstrate compliance with in this demonstration is that of section 11 0(l). **Georgia Chapter**  **391 -**  **1 -** **22 ,**  **Clean Fuel Fleets Program** The Clean Fueled Fleets (CFF) Rules require that a percentage of a covered fleet’ s covered vehicle purchases must meet the clean fueled fleet (low emission) vehicle standards. Covered fleets included any public or private fleet that operated 10 or more covered vehicles in a coveredPage 2

area, which for Georgia only included 13 counties around metro-Atlanta. Covered vehicles included light duty vehicles up to heavy-duty vehicles with a gross vehicle weight rating (GV WR) of 2 6,000 lbs that were or were capable of being centrally fueled. Ta ble 1 b elow lists each of the vehicle emission classifications. Acronyms in Ta ble 1 are displayed at the bottom of the table. The program included a number of exemptions fo r various categories including vehicles garaged at a personal residence and not centrally fueled. Law enforcement and emergency vehicles were other popular exempt categories. The program for light duty vehicles was phased in from 1999 to 2001 with 30% of covered purchases having to meet the low emission vehicle (LEV) standards in 1999, 50% in 2000, and 70% in 2001. The percentage requirements remain at 70% for 2002 and after

. H eavy-duty vehicle purchases had to meet a 50% requirement beginning with the 1999 model year, and the percentage remained the same for each subsequent model year. The CFFPstarted in 1999 with 612 covered fleets. T his number dwindled down to 345 as of 2007. T he overwhelming reason for this decline was the result of fleets understanding the “garaged at a personal residence and not centrally fueled” exemption and applyi ng it. The U.S. Environmental Protection Ag ency (EP A) implemented the Tier II Light Duty Ve hicle, Light Duty Truck, and medium -duty passenger vehicle standards for model year 2004 and later vehicles. These standards were fully phased in by model year 2 009. Th e Tier II standards are presented in 40 CFR Part 86 Subpart S, particularly in 86.181 1 - 04, 86.181 1 - 09, and 86.181 1 - 10. The Tier II standards are more stringent than the low emission vehicle (LEV) standards in the Clean Fueled Fleets Rules . These standards apply to all of t he light-duty vehicle and light duty truck vehicle categories under the CFF Rule. E PA implemented new engine standards for heavy-duty diesel engines with a GV WR g reater than 8500 lbs beginning with the 2004 model year. T hese sta ndards are more stringent than the LEV standards in the CFF Rules . T he heavy-duty engine standards are presented in 40 CFR Part 86 Subpart S, particularly in 86.1816- 05, 86.1816- 08, 86.005- 10, 86.008- 10, 86.004- 11 , and 86.007- 11

. Other sections within Su bpart S cover the light duty Tier III standards, which provide even lower standards. **Equivalency**

**Demonstration** In the Clean Fueled Fleets rule, covered fleets are required to purchase clean fueled vehicles (CFVs), which at a minimum must meet the low emission vehicle (LEV) standards. T he U.S. Environmental Protection Agency (EP A) implemented the light duty vehicle Tier II and new heavy-duty diesel engine standards in 2004. Both of these standards reduce tailpipe emission standards significantly over the LEV standards. Georgia EPD analyzed the annual reports submitted for model years 2001

– 2004 and 2006 to determine the number of used vehicles purchased and the range of t he model years. E PD determined that 98% of vehicle purchases are new. O nly 2% of vehicles are purchased as used. Out of the used vehicles purchased, 80% would be 2004 and newer models. As a result, only 0.4% of vehicles purchased are 1 1 years or older. Since only, 30% of light duty and 50% of heavy-duty covered vehicle purchases are required to be clean fueled vehicles (CFVs), these used vehicles wo uld not be required to be LEVs. The Tier II standards were fully implemented in model year 2009. The table below illustrates the emission benefit of the Tier II and heavy-duty engine standards over LEV standards. The emission standards fo r Tier II in the table represent the 2009 model year and later (fully phased in). Although even more stringent heavy-duty engine standards were implemented by EP A in 2007 and fully phased in by 2010, the table below presents the emission standards as implemented in 2004.Page 3

As illustrated in the table, the Tie r II NOx standards have a benefit over the LEV standards ranging from 0.09 grams/mile to 0.99 grams/mile. The 2004 heavy-duty engine standards have a N M HC + NOx benefit of 1.4 grams/bhp- hr

. These benefits are on a per vehicle basis. Since all of t he Tier II and 2004 heavy-duty engine standards are equivalent or more stringent than the Clean Fuel Fleet standards, the emission reductions fro m these federal standards surpassed the emission reductions fro m Georgia Clean Fueled Fleets rules in 2004, when the fe deral standards were implemented. EP A has also recognized that the Tier II vehicle and 2004 heavy-duty engine standards are equivalent or more stringent than the clean fueled vehicle (LEV) standards since 2004. A memo dated July 2, 2004 from EP A, Leila Cook, Group Manager in the Office of Air & Radiation, states: “EP

A has since published new emission standards that are more stringent than the CFFP standards for heavy

-duty diesel and heavy -duty gasoline engines, as well as light duty vehicles. Therefore, vehicles certified to these new standards are considered acceptable for meeting the requirements contained in Part 88 for the Clean Fuel Fleets Program. Fleet managers seeking to meet the requirements of the CFFP should be assured that all vehicles manufactured to meet the Tier 2 emission standards are equivalent to or cleaner than earlier emission levels mandated by the CFFP . Therefore, these new Tier 2 vehicles are acceptable for use in meeting the CFFP requirements.” **LDV 1**  **, LD T** **2 <=6** **000 GVW**  **R, <=**  **3750 LVW**  **3 LD** **T <=6 000** 

**GV WR** **, >3 750**  **LVW , <=5** **750 LVW**  **LDT >6000**

**GVW R,**  **<=3 750**  **TW LDT >**  **6000**

**GV WR** **, >3** **750 TW**  **4 <=5** **750 TW**  **LDT >6000**

**GVW R,**  **>5 750**  **TW Li**  **ght He**  **av y-Duty**  **Truck >= 8** **500 GV** **WR <=1**  **4, 500**  **GV WR**  **Me dium H** **eav y** 

**Duty Truck >**  **= 8500**  **GV WR** 

**<= 26,**  **000 GV** **WR Tie**  **r II**  **2010** NM HC+ 0. 075 0. 075 0. 075 0. 075 0. 075 NM HC + N Ox 2. 4 2. 4 NOx + 0. 11 0. 11 0. 11 0. 11 0. 11 PM 0. 01 0. 01 PM* 0. 02 0. 02 0. 02 0. 02 0. 02 **CF FV / LE** **V CFFV / LE**  **V** NM HC+ 0. 075 0. 1 0. 125 0. 16 0. 195 NM HC + N Ox 3. 8 3. 8 NOx + 0. 2 0. 4 0. 4 0. 7 1. 1 PM 0. 1 0. 1 PM* 0. 08 0. 08 0. 08 0. 1 0. 12 +I ntermediat e Lif

e (50Kmiles) * Full Us efi le Lif

e (120K miles)

NM HC 0 -0. 025 -0. 05 -0. 085 -0. 12 NM HC + N Ox -1. 4 -1. 4 NOx -0. 09 -0. 29 -0. 29 -0. 59 -0. 99 PM -0. 06 -0. 06 -0. 06 -0. 08 -0. 1 PM -0. 09 -0. 09

4T es t We ight 2L ight Duty Truc k 3Loaded Vehic le W eight **Light -Duty**  **Ve hicle and Truck**  **Emis si** **on Levels**

**in grams**

**/mile Heavy-Duty**  **Truck Emis**  **si ons**  **in grams**

**/bhp- hr** 

**gra ms**  **/bhp- hr**  **Em is**  **si on dis** **be ne**  **fi t**  **pe r C**  **FFV - gra**  **ms / mile**  **(ne ga**  **tiv**

**e si**  **gn illus trates**  **be ne**  **fit of Tie r**  **II ov er**  **LE V)**  **Ta ble**  **1: C**  **le an**  **Fuel ed**  **Fl eet**  **E mi**  **ssi on**  **Compari son** 

1 L ight Duty Ve hic lePage 4

Furthermore, EP

A issued a letter to manufacturers on the Clean - Fuel Ve hicle Standards on July 21, 2005. This letter states: “T o determine equivalency , current certification emission standards for Tier 2 vehicles (LDVs, LDT

s, and MDPVs), heavy -duty vehicles, heavy duty Otto cycle engines, and heavy -duty diesel engines were compared to CFV vehicle and engine emission standards using the methodology outlined in the Attachment. The results of this analysis are summarized as follows: Tier 2 LDVs, LDT1 -4s, and MDPVs certified to the following Tier 2 bin standards are equivalent to or more stringent than CFV LEV emission standards: LDV Bins 1 -7 and Bin 9 LDTl Bins 1 -7 and Bin 9 LDT2 Bins 1 - 9 LDT3 Bin 1 - 10 LDT4 Bin 1 - 10 MDPV Bin 1 - 11 4” 4There are no CFV emission standards that correspond to the Tier 2 MDPV class but M DPVs meeting Tier 2 Bins 1 - 1 1 are all equal to or more stringent than LDT4 CFV LEV standards. The July 21, 2005 letter further states: “The following determinations are made for 2005 and later model year heavy -duty Otto c ycle engines and diesel engines: Current emission standards for heavy -duty engine Otto cycle engines and diesel engines are more stringent than CFV LEV heavy -duty Otto cycle engines, or heavy -duty diesel engine emission standards.” Note: The previously l isted T able 1 uses the Tier II emission standards phased in for model year 2009 and later

. As a result, Bins 8, 9, and 10 have been phased out. EP A sent a memo dated April 17, 2006 to Air Program Managers on the Clean Fuel Fleet Program Requirements. T h e purpose of this memo was to provide information sent to manufacturers on determining equivalency between vehicle and engine standards in CFR Part 86 (Tier II & new HD engines) and Part 88 (clean fueled vehicles). B elow is a quote from the memo: “T

o mee t the requirements of the Clean Fuel Fleet Program fleet managers can be assured that vehicles and engines certified to current Part 86 emission standards, which EP A has determined to be as or more stringent than corresponding CFV emission standards per th e attached EP A Dear Manufacturer Letter meet CFV emission standards and CFFP

r equirements as defined in CFR Part 88. Such vehicles do not require a separate CFF certification or CFF label to qualify to participate in the CFF program. Thus, such vehicles ar

e CFF compliant and are available to satisfy CFF SIP obligations.” In summary, the Tier II vehicle standards and the 2004 heavy-duty diesel engine standards are clearly equivalent or more stringent than the low emission (clean fuel) vehicle standards. T he emission standards taken from 40 CFR Part 86 in Ta ble 1 illustrate that the Tier II and 2004 heavy-duty engine standards provide significant emission benefits over the low emission vehicle standard. These three EP A memos have been included i n this submittal as Appendix B , and further clarify that EP

A agrees that the Ti e r II and 2004 heavy-duty engine standards are morePage 5

stringent. As a result the existing EP A light duty and heavy duty emission standards can easily replace the requirements and benefits of the Clean Fueled Fleets Rule.

**Conclusion** The Georgia Environmental Protection Division (EPD) is submitting for approval and incorporation, this proposed revision to Georgia’ s State Implementation Plan (SIP), a request to remove its Clean Fueled Fleet Rules, Chapter 391 - 1 -22 , of the Georgia Rules to its contingency measures, in a manner consistent with the requirements of 11 0(l) and EP A’s proposed anti backsliding provisions. Section 1 10(l) of the CAA, governs EP A’s ability to approve all SIPrevisions. Specifically, section 1 10 (l) states: Each revision to an implementation plan submitted by a State under this chapter shall be adopted by such State after reasonable notice and public hearing. The Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in section 171 of this title), or any other applicable requirement of this chapter

. As shown in the equivalency demonstration, given that the Tier II vehi cle standards and the 2004 heavy-duty diesel engine standards are clearly more equivalent or more stringent than the low emission (clean fuel) vehicle standards , the removal of CFFP will not interfere with attainment or reasonable further progress, or any other applicable requirement of the act, EPD can assert that by moving this measure to contingency, this action is consistent with the requirements of 1 10(l) of the act as well as EP A’s proposed anti - backsliding provisions. Since the federal Tier II and 2004 heavy-duty diesel engine standards were more stringent than the CFFPstandards as soon as the federal standards were implemented and since covered fleet owners were required to comply with both the CFFPand the federal standards , there was no, nor wi ll there ever be, a shortfall in emissions reductions as a result of revocation of Georgia’ s Clean Fueled Fleet Rules in 2014, Therefore, no substitute measure is required for the revocation of Georgia’s Clean Fueled Fleets rules.