July 27, 2015 

 

Via Electronic Filing 

The Honorable Gina McCarthy Christopher Grundler 

Office of the Administrator Director 

U.S. Environmental Protection Agency Office of Transportation and Air Quality 

1200 Pennsylvania Avenue, NW Asst. Administrator for Air and Radiation 

Room 3000 U.S. Environmental Protection Agency 

Washington, D.C. 20460 1200 Pennsylvania Avenue, NW 

 Room 6420 

 Washington, D.C. 20460 

RE: Proposed Rule to Approve Georgia State Improvement Plan Revisions, 

Docket No.: EPA-R04-OAR-2015-0161, FRL-9929-47-Region 4 

Dear Administrator McCarthy and Director Grundler, 

 On behalf of the Society of Independent Gasoline Marketers of America (“SIGMA”) and 

the National Association of Convenience Stores (“NACS”), I write to express support – with one 

qualifier discussed below – for the Environmental Protection Agency’s (“EPA’” or “Agency”) 

plans to approve the State of Georgia’s February 5, 2015, State Implementation Plan (“SIP”) 

revision. 

Specifically, SIGMA and NACS support EPA’s plans to approve Georgia’s SIP revision, 

which would remove Georgia’s Gasoline Marketing Rule 391-3-1-.02(2)(bbb) – the so-called 

Georgia Fuel Rule – that currently requires the sale of low sulfur 7.0 psi Reid Vapor Pressure 

(“RVP”) gasoline in the 45-county Georgia Fuel Area during the high ozone season. The 

revision would permit the sale of 7.8 psi RVP gasoline in the Atlanta 1-Hour Ozone Area and 9.0 

psi RVP fuel for the remainder of the Georgia Fuel Area. 

While SIGMA and NACS support the Agency’s plan to approve and implement this 

change, it would be a serious mistake for EPA to approve and implement this modification in the 

middle of the summer fuel season. Currently, there is a 17 cents spread between low sulfur 7.0 

psi RVP gasoline and 9.0 psi RVP gasoline; and a 10 cents spread between low sulfur 7.0 psi 

RVP gasoline and 7.8 psi RVP gasoline. Should EPA approve the Georgia revised SIP and make 

it immediately effective during the high ozone season, it would subject fuel marketers and 

retailers, who have complied responsibly with the Georgia Fuel Rule and EPA’s Clean Air Act 

mandate, to significant and highly damaging financial losses that will run into the many millions. 

R. Timothy Columbus 

202 429 6222 

1330 Connecticut Avenue, NW 

Washington, DC 20036-1795 

202 429 3000 main 

www.steptoe.com 
Essentially, if EPA were to approve the Georgia revised SIP and make it immediately 

effective, i.e. without providing fuel marketers and retailers enough lag time to adjust their fuel 

stocks; the Agency will damage its reputation with the fuel industry for absolutely no 

environmental gain. EPA should always remember that in a place such as Georgia, which is 

supplied by pipeline, it is desirable to have at least 90 days between a fuel specification change 

and implementation in order to permit the fuel supply distribution system to make proper 

arrangements. This is necessary because the cycle to acquire, schedule and ship fuel on a 

pipeline generally takes between 30-60 days. Therefore, although SIGMA and NACS support 

EPA’s plan to approve Georgia’s revised SIP, SIGMA and NACS respectfully request that EPA 

approve and implement the Georgia revised SIP in a manner that will not damage the fuel 

marketing and retail industry and ultimately penalize those who have complied with the 

Agency’s environmental mandate. 

SIGMA and NACS appreciates the opportunity to comment on this Proposed Rule. 

Please do not hesitate to contact me if either association may provide any assistance to the 

Agency in this critical rulemaking. 

Respectfully, 

 R. Timothy Columbus 

General Counsel 

SIGMA and NACS 

SIGMA represents approximately 260 independent chain retailers and marketers of motor fuel. 

SIGMA members represent significant diversity within the industry. While 92 percent are 

involved in gasoline retailing, 66 percent are involved in wholesaling, 36 percent transport 

product, 25 percent have bulk plant operations, and 15 percent operate terminals Member retail 

outlets come in many forms including travel plazas, traditional “gas stations,” convenience stores 

with gas pumps, cardlocks, and unattended public fueling locations. Some members sell 

gasoline over the Internet, many are involved in fleet cards, and a few are leaders in the mobile 

refueling movement. 

NACS is an international trade association representing more than 2,200 retail and 1,800 

supplier company members. NACS member companies do business in nearly 50 countries 

worldwide, with the majority of members based in the United States. The U.S. convenience 

store industry, with approximately 1.8 million employees and 151,000 stores across the United 

States, posts nearly $700 billion in total sales, and accounts for approximately $500 billion in 

motor fuel sales alone each year.