44014 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules 

will be part of Connecticut’s major 

stationary source preconstruction 

permitting programs, and are intended 

to align Connecticut’s regulations with 

the federal PSD and NNSR regulations. 

This action is being taken in accordance 

with the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before August 24, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2014–0842 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: dahl.donald@epa.gov 

3. Fax: (617) 918–01657. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2014–0842’’, 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (Mail code OEP05– 

2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Donald Dahl, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Permits, 

Toxics, and Indoor Programs Unit, 5 

Post Office Square—Suite 100 (Mail 

code OEP05–2), Boston, MA 02109– 

3912. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

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

Please see the direct final rule which 

is located in the Rules and Regulations 

section of this issue of the Federal 

Register for detailed instructions on 

how to submit comments. 

FOR FURTHER INFORMATION CONTACT: 

Donald Dahl, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Permits, Toxics, and 

Indoor Programs Unit, 5 Post Office 

Square—Suite 100, (mail code OEP05– 

2), Boston, MA 02109–3912. Mr. Dahl’s 

telephone number is (617) 918–1657; 

email address: dahl.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Rules and Regulations section of this 

issue of the Federal Register, EPA is 

approving the State’s SIP submittal as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action rule, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. Please note 

that if EPA receives adverse comment 

on an amendment, paragraph, or section 

of this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

For additional information, see the 

direct final rule which is located in the 

Rules and Regulations section of this 

issue of the Federal Register. 

Dated: April 20, 2015. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2015–17665 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0114; FRL–9931–03– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Removal of Clean Fuel Fleet Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

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 preliminarily 

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: Written comments must be 

received on or before August 24, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0114, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4-ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015–0114’’ 

Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2015– 

0114. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules 44015 

1On September 26, 2003 (effective January 1, 

2004), the Atlanta 1-Hour Ozone Area was 

reclassified to ‘‘severe’’ for the 1-hour ozone 

NAAQS because the Area failed to attain the 1-hour 

ozone NAAQS by its attainment date of November 

15, 1999. See 68 FR 55469. 

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 (hereinafter 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. 

Subsequently, 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. See 

78 FR 72040. 

3On May 21, 2012, EPA published a final rule 

designating the following 15 counties in and around 

metropolitan Atlanta as a marginal nonattainment 

area for the 2008 8-hour ozone NAAQS: Bartow, 

Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, 

Paulding, and Rockdale. 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, i.e., CBI 

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 in 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. 

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, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 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 for Atlanta’s Air Quality 

Status Related to the 1-Hour Ozone 

NAAQS 

On November 6, 1991, EPA 

designated and classified the following 

counties in and around the Atlanta, 

Georgia metropolitan area as a serious 

ozone nonattainment area for the 1-hour 

ozone NAAQS (hereinafter referred to as 

the ‘‘Atlanta 1-Hour Ozone Area’’): 

Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding, and 

Rockdale.1 See 56 FR 56694. The 

nonattainment designation was based 

on the Atlanta 1-Hour Ozone Area’s 

design value for the 1987–1989 threeyear period. The ‘‘serious’’ classification 

triggered various statutory requirements 

for the Atlanta 1-Hour Ozone Area, 

including the requirement pursuant to 

section 182(c)(4) of the CAA for the 

Area to adopt measures necessary to 

ensure the effectiveness of the 

applicable provisions of the CFFP 

described below in section II of this 

document. EPA redesignated the Atlanta 

1-Hour Ozone Area to attainment for the 

1-hour ozone NAAQS, effective June 14, 

2005.2 3 See 70 FR 34660. 

II. Background for the CFFP 

The 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 (CO) 

nonattainment areas. EPA promulgated 

regulations for the CFFP at 40 CFR part 

88, subpart C on March 1, 1993. See 58 

FR 11888. 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. 

A state’s CFFP SIP revision must 

require fleet operators with 10 or more 

centrally-fueled vehicles or vehicles 

capable of being centrally-fueled to 

include a specified percentage of cleanfuel vehicles in their purchases each 

year and to meet additional CAA 

requirements, including the requirement 

that covered fleet operators must 

operate the Clean Fuel Vehicles (CFVs) 

in covered nonattainment areas on a 

clean alternative fuel, defined as a fuel 

on which the vehicle meets EPA’s CFV 

standards. EPA promulgated emission 

standards for CFVs on September 30, 

1994. See 59 FR 50042. 

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 (Georgia Rules 391–3–22–.01 

through .11, ‘‘Clean Fleet Rules’’) in a 

document published on May 2, 1994. 

See 60 FR 66149. Georgia’s rules require 

fleets of 10 or more vehicles that are 

centrally fueled or capable of being 

centrally fueled and operated in the 

Atlanta 1-Hour Ozone Area to include 

in their vehicle purchases a certain 

percentage of CFVs. A CFV is one which 

meets any one of the exhaust emission 

standards for the following vehicle 

categories: Low emission vehicles 

(LEV), ultra low emission vehicles 

(ULEV), and zero emission vehicles 

(ZEV). 

Under the CAA and Federal CFFP 

regulations, vehicles weighing 26,000 

pounds (lbs) or less count towards the 

requirement, and the CFFP purchase 

requirements started with 1998 model 

year vehicles under the following phasein schedule for light-duty vehicles and 

trucks under 6,000 lbs. Gross Vehicle 

Weight Rating (GVWR) and light-duty 

trucks between 6,000 and 8,500 lbs. 

GVWR: 30 percent CFV in Model Year 

1998, 50 percent CFV in Model Year 

1999, and 70 percent CFV in Model 

Year 2000 and after. The phase-in 

schedule for heavy-duty vehicles 

weighing above 8,500 lbs but less than 

26,001 lbs. GVWR was: 50 percent CFV 

in Model Year 1998, 50 percent CFV in 

Model Year 1999, and 50 percent CFV 

in 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. 

III. Analysis of the State’s Submittal 

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) from the active portion of the 

Georgia SIP to the contingency measure 

portion of the ozone maintenance plan 

for the Atlanta Area for the 1997 8-hour 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
44016 Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules 

4See footnote 2 for a description of this Area. 

5See 80 FR 12264 (March 6, 2015). 

6See footnotes 2 and 3 for descriptions of the 

1997 and 2008 ozone nonattainment areas, 

respectively. 

7Section 193 is a general savings clause 

pertaining to regulations, standards, rules, notices, 

orders, and guidance promulgated or issued prior 

to November 15, 1990. The CFFP was effective on 

May 22, 1994. Therefore, section 193 is not relevant 

to this action. 

8The Heavy Duty Vehicle Rule builds upon the 

‘‘phase 1 program’’ finalized on October 6, 2000 (65 

FR 59896), that affirmed the 50 percent reduction 

in NOX emissions from 2004 model year highway 

diesel engines set in 1997 (62 FR 54693, October 

21, 1997) and set new emission standards for heavyduty gasoline fueled engines and vehicles for 2005. 

ozone NAAQS.4 EPA incorporated this 

maintenance plan into the SIP in a final 

action published on December 2, 2013. 

See 78 FR 72040. In order for EPA to 

approve Georgia’s January 22, 2015, SIP 

revision, the revision must satisfy the 

anti-backsliding requirements of EPA’s 

implementation rules for the 2008 8- 

hour ozone NAAQS 5 and CAA section 

110(l). More discussion on EPA’s 

evaluation of these requirements in 

relation to Georgia’s January 22, 2015, 

SIP revision is provided below. 

A. Consideration of Anti-Backsliding 

Requirements 

To support Georgia’s request for EPA 

to move the CFFP from the active 

portion of the Georgia SIP to the 

contingency measure portion of the SIP, 

the State must demonstrate that the 

requested change is in compliance with 

EPA’s anti-backsliding requirements for 

ozone. The anti-backsliding 

requirements for the revoked 1-hour 

ozone NAAQS were originally 

promulgated at 40 CFR part 51, subpart 

X. However, with the promulgation of 

the implementation rules for the 2008 8- 

hour ozone NAAQS, EPA moved these 

requirements to 40 CFR part 50, subpart 

AA and expanded the provisions to 

address anti-backsliding requirements 

for the revoked 1997 8-hour ozone 

NAAQS and the revoked 1-hour ozone 

NAAQS in relation to compliance with 

the 2008 8-hour ozone NAAQS. 

The CFFP is one of the ‘‘applicable 

requirements’’ for anti-backsliding 

purposes under EPA’s implementation 

rules for the 2008 8-hour ozone NAAQS 

‘‘to the extent such requirements apply 

to the area pursuant to its classification 

under CAA section 181(a)(1) for the 1- 

hour NAAQS or 40 CFR 51.902 for the 

1997 8-hour ozone NAAQS at the time 

of revocation of the 1997 8-hour ozone 

NAAQS.’’ See 40 CFR 51.1100(o). The 

1997 8-hour ozone NAAQS was revoked 

on April 6, 2015. As mentioned above, 

the Atlanta 1-Hour Ozone Area was 

redesignated to attainment effective 

June 14, 2005, the CFFP requirements 

apply to the Atlanta 1-Hour Ozone Area 

given its former status as a serious 

nonattainment area, the 1997 Atlanta 8- 

hour Ozone Area was redesignated to 

attainment effective January 2, 2014, 

and fifteen counties in and around 

metropolitan Atlanta are currently in 

nonattainment for the 2008 8-hour 

ozone NAAQS.6 Thus, the CFFP is an 

applicable requirement, and the antibacksliding requirements under 40 CFR 

51.1105(a)(2) in EPA’s implementation 

rules for the 2008 8-hour ozone NAAQS 

apply to the Atlanta Area. Pursuant to 

40 CFR 51.1105(a)(2), a state may 

request that an applicable requirement 

under § 51.1100(o) be moved to the list 

of maintenance plan contingency 

measures for the area in the state’s 

implementation plan so long as 

compliance with CAA section 110(l) 

and CAA section 193 (if applicable) is 

demonstrated.7

Today, EPA is proposing to determine 

that Georgia’s January 22, 2014, SIP 

revision satisfies the anti-backsliding 

requirements of EPA’s ozone 

implementation rules and the CAA 

section 110(l) requirements (discussed 

in detail below) and to move Georgia 

Rules 391–3–22–.01 through .11 from 

the active portion of the Georgia SIP to 

the contingency measures portion of 

Georgia’s maintenance plan in the SIP 

for the 1997 Atlanta 8-hour Ozone Area. 

B. Consideration of Section 110(l) 

Requirements 

As noted above, the State must 

demonstrate that the requested change 

will satisfy section 110(l) of the CAA. 

Section 110(l) requires that a revision to 

the SIP not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in section 171), or any other applicable 

requirement of the Act. 

EPA evaluates each section 110(l) 

noninterference demonstration on a 

case-by-case basis considering the 

circumstances of each SIP revision. EPA 

interprets 110(l) as applying to all 

NAAQS that are in effect, including 

those that have been promulgated but 

for which the EPA has not yet made 

designations. The degree of analysis 

focused on any particular NAAQS in a 

noninterference demonstration varies 

depending on the nature of the 

emissions associated with the proposed 

SIP revision. EPA’s analysis of Georgia’s 

January 22, 2015, SIP revision pursuant 

to section 110(l) is provided below. 

In 2000, EPA promulgated new 

tailpipe emissions standards (commonly 

referred to as the ‘‘Tier 2 Rule’’) for all 

passenger vehicles, including sport 

utility vehicles (SUVs), minivans, vans, 

and pick-up trucks. See 65 FR 6698 

(February 10, 2000). This regulation 

marked the first time that SUVs and 

other light-duty trucks—even the largest 

passenger vehicles—were subject to the 

same national pollution standards as 

cars. The new tailpipe standards were 

set at an average standard of 0.07 grams 

per mile (gpm) for nitrogen oxides 

(NOX) for all classes of passenger 

vehicles beginning in 2004–2007. For 

the heaviest light-duty trucks, the 

program provided a three step approach 

to reducing emissions. First, in 2004, 

EPA implemented standards not to 

exceed 0.6 gpm—a more than 60 percent 

reduction from current standards. 

Second, to ensure further progress, these 

vehicles were required to achieve an 

interim standard of 0.2 gpm phased-in 

between 2004–2007, an 80 percent 

reduction from current standards. Third, 

in the final step, half of these vehicles 

were required to meet the 0.07 standard 

in 2008, and the remaining were 

required to comply in 2009. Vehicles 

weighing between 8,500 and 10,000 

pounds had the option to take advantage 

of additional flexibilities during the 

2004 to 2008 interim period. 

In 2001, EPA promulgated new 

tailpipe emissions standards (commonly 

referred to as the ‘‘Heavy Duty Vehicle 

Rule’’) for heavy duty trucks and buses.8

See 66 FR 5002 (January 18, 2001). In 

this regulation, EPA finalized a PM 

emissions standard for new heavy-duty 

engines of 0.01 grams per brakehorsepower-hour (g/bhp-hr), to take full 

effect for diesels in the 2007 model year. 

EPA also finalized standards for NOX

and non-methane hydrocarbons 

(NMHC) of 0.20 g/bhp-hr and 0.14 g/

bhp-hr, respectively. These NOX and 

NMHC standards were phased in 

together between 2007 and 2010, for 

diesel engines. The phase-in was based 

on a percent-of-sales: 50 percent from 

2007 to 2009 and 100 percent in 2010. 

Gasoline engines were subject to these 

standards based on a phase-in requiring 

50 percent compliance in the 2008 

model year and 100 percent compliance 

in the 2009 model year. Both of the 

standards discussed above (Tier 2 Rule 

and Heavy Duty Vehicle Rule) reduce 

tailpipe emission significantly over the 

LEV standards. 

EPA issued a memorandum on April 

17, 2006, noting that after the CFFP 

requirement became law, EPA 

promulgated new vehicle emission 

standards (e.g., Tier 2 Rule and heavyduty engine standards) that are 

generally more stringent, or equivalent 

to, the CFV emission standards for lightduty vehicles, light-duty trucks, and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 142 / Friday, July 24, 2015 / Proposed Rules 44017 

9Memorandum from Leila H. Cook, EPA 

Transportation & Regional Programs Division, to Air 

Program Managers re: Clean Fuel Fleet Program 

Requirements (April 17, 2006). This memorandum 

superseded a July 2, 2004, memorandum from Leila 

H. Cook noting that the Tier 2 standards are 

equivalent to or cleaner than earlier emission levels 

mandated by the CFFP. These memoranda are 

included with the State’s SIP revision in the docket 

for this proposed action. 

10 ‘‘Control of Air Pollution From Motor Vehicles: 

Tier 3 Motor Vehicle Emission and Fuel 

Standards.’’ See 79 FR 23414 (April 28, 2014). 

11See Table 1 of the Georgia’s January 22, 2015, 

SIP revision. 

12 In its January 22, 2015, SIP revision, GA EPD 

analyzed the annual reports submitted by the fleets 

for the model years 2001–2004 and 2006 to 

determine the number of used vehicles purchased 

and the range of the model years. GA EPD 

determined that 98 percent of the vehicles 

purchased are new. Only 2 percent of vehicles are 

purchased as used. Out of the used vehicles 

purchased, 80 percent are 2004 and newer models. 

As a result, only 0.4 percent of vehicles purchased 

are older than the 2004 model year. 

heavy-duty vehicles and engines.9 The 

memorandum also stated that ‘‘[t]o meet 

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 EPA has determined to be as or 

more stringent than corresponding CFV 

emission standards per the attached 

EPA Dear Manufacturer Letter meet the 

CFV emission standards and the CFFP 

requirements as defined in CFR part 

88.’’ Further reductions from these same 

vehicles will be achieved by EPA’s 

newly promulgated Tier 3 emission 

standards.10

In its SIP submission, GA EPD 

provided an independent analysis of the 

expected emission benefits of Tier 2 and 

heavy-duty engine standards over LEV 

standards.11 According to GA EPD’s 

analysis, Tier 2 NOX standards have a 

benefit over LEV ranging from 0.09 gpm 

to 0.99 gpm on a per vehicle basis. With 

regard to the heavy-duty engine 

standards, GA EPD indicates that there 

is a benefit of 1.4 grams/brake-horse 

power per hour for the combination of 

non-methane hydrocarbons and NOX on 

a per vehicle basis. 

EPA has preliminarily determined 

that the removal of the Georgia CFFP 

will not interfere with attainment or 

reasonable further progress, or any other 

applicable requirement of the Act 

because the emission reductions that 

were generated by Georgia’s CFFP have 

been overtaken by EPA’s Tier 2 Rule 

and heavy-duty emissions standards. As 

discussed above, the vehicle emissions 

standards referenced in EPA’s April 17, 

2006 memorandum have been fully 

implemented, thus ensuring that all new 

vehicle fleet purchases meet CFV 

standards.12

IV. Proposed Action 

EPA is proposing to approve Georgia’s 

January 22, 2015, SIP revision and 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 is proposing this approval because 

the Agency has made the preliminarily 

determination that Georgia’s January 22, 

2015, SIP revision is consistent with the 

CAA and EPA’s regulations and 

guidance. 

V. 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 proposed 

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 proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 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 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: July 14, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–18079 Filed 7–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0407; FRL–9930–80– 

Region 5] 

Air Plan Approval; MI, Belding; 2008 

Lead Clean Data Determination 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On May 13, 2015, the 

Michigan Department of Environmental 

Quality (MDEQ) submitted a request to 

the Environmental Protection Agency 

(EPA) to make a determination under 

the Clean Air Act (CAA) that the 

Belding nonattainment area has attained 

the 2008 lead (Pb) national ambient air 

quality standard (NAAQS). In this 

action, EPA is proposing to determine 

that the Belding nonattainment area 

(area) has attained the 2008 Pb NAAQS. 

This clean data determination is based 

upon complete, quality-assured and 

certified ambient air monitoring data for 

the 2012–2014 design period showing 

that the area has monitored attainment 

of the 2008 Pb NAAQS. Additionally, as 

a result of this proposed determination, 

EPA is proposing to suspend the 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS