Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations 57537 

1The CFFP is addressed in Title II, part C of the 

CAA. See CAA sections 241–250. Congress added 

Part C, entitled ‘‘Clean Fuel Vehicles,’’ to the CAA 

to establish two programs: a clean-fuel vehicle pilot 

program in the State of California (the California 

Pilot Test Program), and a CFFP in certain ozone 

and carbon monoxide nonattainment areas. Under 

section 246 of the CAA, certain states were required 

to adopt and submit to EPA a SIP revision 

containing a CFFP for ozone nonattainment areas 

with a 1980 population greater than 250,000 that 

were classified as serious, severe, or extreme. On 

May 2, 1994, the State of Georgia submitted a SIP 

revision to address the CFFP requirements for the 

Atlanta 1-Hour Ozone Area. EPA approved that SIP 

revision, containing Georgia’s CFFP rules, in a 

notice published on May 2, 1994. See 60 FR 66149. 

2On April 30, 2004, EPA designated the 

following 20 counties in and around metropolitan 

Atlanta as a marginal nonattainment area for the 

1997 8-hour ozone NAAQS (referred to as the 

‘‘Atlanta 1997 8-Hour Ozone Area’’): Barrow, 

Bartow, Carroll, Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Henry, Newton, Paulding, 

Rockdale, Spalding, and Walton. See 69 FR 23858. 

EPA reclassified this same area as a moderate 

nonattainment area on March 6, 2008, because the 

Area failed to attain the 1997 8-hour ozone NAAQS 

by the required attainment date of June 15, 2007. 

See 73 FR 12013. Subsequently, the area attained 

the 1997 8-hour ozone standard, and on December 

2, 2013, EPA redesignated the area to attainment for 

the 1997 8-hour ozone NAAQS and approved the 

associated maintenance plan into the SIP. See 78 FR 

72040. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0114; FRL–9934–52– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Removal of Clean Fuel Fleet Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Georgia State Implementation Plan 

(SIP) that were submitted by the State of 

Georgia, through the Georgia 

Environmental Protection Division (GA 

EPD), on January 22, 2015, for the 

purpose of moving the Clean Fuel Fleet 

Program (CFFP) from the active portion 

of the Georgia SIP to the contingency 

measures portion of the maintenance 

plan for the Atlanta Area for the 1997 

8-hour ozone national ambient air 

quality standards (NAAQS). EPA has 

determined that Georgia’s January 22, 

2015, SIP revision regarding the CFFP is 

approvable because it is consistent with 

the Clean Air Act (CAA or Act). 

DATES: This rule will be effective 

October 26, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0114. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section 

(formerly Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly Air 

Planning Branch), Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. Ms. Sheckler’s phone 

number is (404) 562–9222. She can also 

be reached via electronic mail at 

sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 22, 2015, GA EPD 

submitted a SIP revision to EPA with a 

request to move Georgia’s CFFP rules 

(Georgia Rules 391–3–22–.01 through 

.11) 1 From the active portion of the 

Georgia SIP to the contingency measures 

portion of the ozone maintenance plan 

for the Atlanta Area for the 1997 8-hour 

ozone NAAQS.2 EPA incorporated this 

maintenance plan into the SIP in a final 

action published on December 2, 2013. 

See 78 FR 72040. 

On July 24, 2015, EPA published a 

proposed rulemaking to approve 

Georgia’s January 22, 2015, SIP revision 

related to the CFFP based, in part, on 

EPA’s preliminary finding that the SIP 

revision satisfies the anti-backsliding 

requirements of EPA’s ozone 

implementation rules and the CAA 

section 110(l) requirements. The details 

of Georgia’s submittal and the rationale 

for EPA’s action are explained in that 

notice of proposed rulemaking. See 80 

FR 44014. The comment period for the 

proposed rulemaking closed on August 

24, 2015. EPA did not receive any 

comments, adverse or otherwise, during 

the public comment period. 

II. Final Action 

EPA is taking final action to approve 

the SIP revision submitted by Georgia 

on January 22, 2015, to move Georgia’s 

CFFP rules (Georgia Rules 391–3–22–.01 

through .11) from the active portion of 

Georgia SIP to the contingency measures 

portion of Georgia’s maintenance plan 

in the SIP for the 1997 Atlanta 8-hour 

ozone area. EPA has determined that 

Georgia’s January 22, 2015, SIP revision 

related to the State’s CFFP is consistent 

with the CAA and EPA’s regulations 

and guidance. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 


tkelley on DSK3SPTVN1PROD with RULES
57538 Federal Register / Vol. 80, No. 185 / Thursday, September 24, 2015 / Rules and Regulations 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 action 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 23, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 10, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart L—Georgia 

■ 2. Section 52.570(c) is amended by 

revising the entry for ‘‘391–3–22’’ to 

read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED GEORGIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

391–3–22 ...... Clean Fueled Fleets .... 5/11/14 9/24/15 [Insert citation of publication].Clean Fueled Fleets rules moved to the contingency measures portion of the SIP-approved 

1997 8-hour ozone Maintenance Plan for the 

Atlanta Area. 

* * * * * 

[FR Doc. 2015–24094 Filed 9–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0040; FRL–9934–41– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida 

Infrastructure Requirements for the 

2008 Lead NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of the October 14, 

2011, State Implementation Plan (SIP) 

submission, provided by the State of 

Florida, through the Department of 

Environmental Protection (FL DEP) for 

inclusion into the Florida SIP. This final 

submission pertains to the Clean Air Act 

(CAA or the Act) infrastructure 

requirements for the 2008 Lead national 

ambient air quality standards (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. FL DEP certified 

that the Florida SIP contains provisions 

that ensure the 2008 Lead NAAQS is 

implemented, enforced, and maintained 

in Florida. With the exception of 

provisions pertaining to prevention of 

significant deterioration (PSD) 

permitting which EPA has already 

approved, EPA is taking final action to 

approve Florida’s infrastructure 

submission, provided to EPA on 

October 14, 2011, as satisfying the 

required infrastructure elements for the 

2008 Lead NAAQS. 

DATES: This rule will be effective 

October 26, 2015 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0040. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 


tkelley on DSK3SPTVN1PROD with RULES