JAN 2 2 2015 

Ms. Heather McTeer Toney 

Regional Administrator 

U.S. EPA, Region 4 

61 Forsyth Street, S.W. 

Atlanta, Georgia 30303-3104 

Georgia Department of Natural Resources 

Environmental Protection Division 

2 Martin Luther King Jr. Drive, Suite 1456, Atlanta, Georgia 30334 

Judson H. Turner, Director 

(404) 656-4713 

RE: Amendment to State Implementation Plan for the Removal of the Clean Fuel Fleet 

Program 

Dear Ms. Toney: 

The Georgia Environmental Protection Division (EPD) is submitting a revision to Georgia's State 

Implementation Plan {SIP) for approval and incorporation, along with a request to move its 

Clean Fueled Fleet Rules, Georgia Chapter 391-3-22, to contingency measures in a manner 

consistent with the requirements of 1 10(1) of the Clean Air Act (CAA) and EPA's current and 

proposed anti-backsliding provisions. 

The Clean Fueled Fleet Rules, Georgia Chapter 391-3-22, was adopted May 2, I 994 to meet 

the Clean Fuel Fleet Program (CFFP) requirements of section I 82(c){4) of the CAA for areas 

that have been designated serious nonattainment or above for the ozone National Ambient Air 

Quality Standards (NAAQS). CFFP 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 5UIOO{o)). The Atlanta 

area was previously classified as severe for the previous I -hour ozone NAAQS. The area was 

re-designated as attainment on June I 5, 2005 [70FR 34660]. The Atlanta area was 

subsequently designated as nonattainment and classified as moderate for the I 997 8-hour 

ozone NAAQS. The Atlanta area was re-designated as attainment for the I 997 standard on 

December 2, 2013 [78FR 72040], prior to revocation of that standard. The Atlanta area is 

currently classified as a marginal nonattainment area for the 2008 8-hour ozone NAAQS 

[73 FR I 6483]. 

Because the Atlanta area has attained the I 997 ozone NAAQS prior to revocation of that 

standard, the Clean Fueled Fleets Rules may be shifted to contingency measures, consistent 

with sections I I 0{1) and I 93 of the CAA. Section 193 is a general savings clause pertaining to 

regulations, standards, rules, notices, orders, and guidance promulgated or issued prior to 

November I 5, I 990. Therefore, the substantive CAA provision EPD will demonstrate 

compliance with in this demonstration is that of section 110(1). 

40 CFR 51 .905{b) anti-backsliding requirements regarding the implementation of applicable 

requirements state that after an area attains the 8-hour ozone NAAQS, 

"A State remains subject to the obligations under paragraphs (a)(1 )(i) and (a)(2) of this 

section until the area attains the 8-hour NAAQS. After the area attains the 8-hour 
·----------------------------------------

Ms. Heather McTeer Toney 

Amendment to Georgia SIP for Removal of CFFP 

Page 2 of 2 

---------------------------- -

NAAQS, the State may request such obligations be shifted to contingency measures, 

consistent with sections 11 0(1) and 193 of the CAA ... " 

Included in this submittal is a support document Attachment A: Supporting Documentation for 

11 0(1) and 193 Demonstration Georgia Chapter 391-3-22, Georgia's Clean Fueled Fleet Rules 

demonstrating that Georgia EPD's request that the Clean Fueled Fleet Rules be removed and 

be shifted to the State's contingency measures within the SIP is consistent with sections 110(1) 

and 193 of the CAA. 

The public notice of the proposed plan was published November 7, 2014, on GovDelivery.com. 

The proposed plan was the subject of a public hearing held. on December 8, 2014, with the 

public comment period ending December 15, 2014. EPD received no comments. 

As required by the federal SIP-processing regulations, we have enclosed certifications that the 

required public notices were provided and that public hearings were held. We have also 

enclosed the administrative materials and technical support to satisfy the SIP submittal 

completeness criteria checklist. This submittal includes one paper copy of the relevant 

document and a compact disk with an electronic version of the document. The electronic 

version is an exact duplicate of the paper copy. 

A copy of this submittal will be sent to the EPA Region 4 associates noted below. We look 

forward to your review and approval of these revisions. Should you or your staff have any 

questions, please feel free to contact Jimmy Johnston at (404) 363-7014. 

Si!)perely, 

J i t j 

/"' 

Jqdson H. Turner 

Director 

,_~r 

JHT:EM 

Attachments: 

Attachment A: Supporting Documentation 

Attachment B: July 2, 2004, Leila H. Cook Memo: Clean Fuel Fleet Program 

July 21, 2005, Memo to Manufacturers: Clean Fuel Vehicle Standards 

April 17, 2006, Leila H. Cook Memo to Air Directors: Clean Fuel Fleet Program 

Requirements 

Attachment C: CFFP Rule Package 

c: Scott Davis, EPA Region 4 

Lynorae Benjamin, EPA Region 4 

Katy Lusky, EPA Region 4 

Keith Bentley, Branch Chief, EPD Air Protection Branch