36750 Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Proposed Rules 

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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 11, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2015–15555 Filed 6–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0161; FRL–9929–47– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Georgia: 

Changes to Georgia Fuel Rule and 

Other Miscellaneous Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

the State of Georgia’s February 5, 2015, 

State Implementation Plan (SIP) 

revision, submitted through the Georgia 

Environmental Protection Division (GA 

EPD), to modify the SIP by removing 

Georgia’s Gasoline Marketing Rule and 

Consumer and Commercial Products 

Rule, revising the NOX Emissions from 

Stationary Gas Turbines and Stationary 

Engines Rule, and adding measures to 

offset the emissions increases expected 

from the changes to these rules. This 

modification to the SIP will affect, in 

varying ways, the 45 counties in and 

around the Atlanta, Georgia, 

metropolitan area covered by the 

Georgia Gasoline Marketing Rule 

(hereinafter referred to as the ‘‘Georgia 

Fuel Area’’). Additionally, EPA is also 

proposing to approve structural changes 

to the NOX Emissions from Stationary 

Gas Turbines and Stationary Engines 

Rule included in a SIP revision 

submitted by GA EPD on September 26, 

2006. EPA has preliminarily determined 

that the portion of Georgia’s September 

26, 2006 SIP revision addressing 

changes to the NOX Emissions from 

Stationary Gas Turbines and Stationary 

Engines Rule and the February 5, 2015, 

SIP revision meet the applicable 

provisions of the Clean Air Act (CAA or 

Act). 

DATES: Written comments must be 

received on or before July 27, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R04–OAR–2015–0161 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–2015–0161, 

Air Regulatory Managment 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: Ms. 

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– 

0161. 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 

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 is 

not 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: 

Richard Wong of the Air Regulatory 

Management Section, in the 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. Mr. 

Wong may be reached by phone at (404) 

562–8726 or via electronic mail at 

wong.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is being proposed? 

II. What is the background of the Atlanta 

area? 

III. What are the Federal RVP requirements? 

IV. What are the Section 110(l) requirements? 


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1The Consumer and Commercial Products Rule 

applies in the following 13 counties that make up 

the former Atlanta 1-hour ozone nonattainment 

area: Cherokee, Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, 

Paulding, and Rockdale. 

2The Georgia Fuel Area consists of the following 

45 counties: Banks, Barrow, Bartow, Butts, Carroll, 

Chattooga, Cherokee, Clarke, Clayton, Cobb, 

Coweta, Dawson, DeKalb, Douglas, Fayette, Floyd, 

Forsyth, Fulton, Gordon, Gwinnett, Hall, Haralson, 

Heard, Henry, Jackson, Jasper, Jones, Lamar, 

Lumpkin, Madison, Meriwether, Monroe, Morgan, 

Newton, Oconee, Paulding, Pickens, Pike, Polk, 

Putnam, Rockdale, Spalding, Troup, Walton and 

Upson. This Area encompasses the 20-county 8- 

hour Atlanta ozone maintenance area for the 1997 

ozone NAAQS and the 15-county 8-hour Atlanta 

ozone nonattainment area for the 2008 ozone 

NAAQS. Georgia received a waiver under section 

211(c)(4)(C) of the CAA to adopt a state fuel 

program that is more stringent than that which was 

federally required for the Atlanta 1-Hour Ozone 

Area. EPA incorporated the Georgia Fuel Rule into 

the Georgia SIP effective July 19, 2004. See 69 FR 

33862 (June 17, 2004). The Georgia Fuel Rule 

requires the sale of low sulfur, 7.0 psi RVP gasoline 

in the Georgia Fuel Area. 

3 Georgia Rule 391–3–1–.02(2)(mmm) only 

applies in the Georgia Fuel Area. 

4Section 211(h) of the CAA requires the sale of 

gasoline with a maximum 7.8 psi RVP in the 

Atlanta 1-Hour Ozone Area during the high ozone 

season. Removal of the Georgia Fuel Rule from the 

SIP would revert the RVP requirement for the 

Atlanta 1-Hour Ozone Area to the Federal 7.8 psi 

RVP requirement. See section III of this proposed 

rulemaking for more explanation on the Federal 

RVP requirements. 

V. What is EPA’s analysis of Georgia’s 

submittals? 

VI. Incorporation by Reference 

VII. Proposed Action 

VIII. Statutory and Executive Order Reviews 

I. What is being proposed? 

This rulemaking proposes to approve 

Georgia’s February 5, 2015, SIP revision, 

including a technical demonstration 

that modifying the SIP to remove 

Georgia Rule 391–3–1–.02(2)(aaa), 

Consumer and Commercial Products,1

and Georgia Rule 391–3–1–.02(2)(bbb), 

Gasoline Marketing (hereinafter referred 

to as the ‘‘Georgia Fuel Rule’’),2 and to 

revise Georgia Rule 391–3–1– 

.02(2)(mmm), NOX Emissions from 

Stationary Gas Turbines and Stationary 

Engines used to Generate Electricity,3

will not interfere with attainment or 

maintenance of any national ambient air 

quality standards (NAAQS or standard) 

or with any other applicable 

requirement of the CAA. Georgia’s SIP 

revision also includes measures to offset 

the emissions increases expected from 

the changes to these rules. The 

aforementioned rules and offset 

measures are described in Section V, 

below. Additionally, this rulemaking is 

proposing to approve structural changes 

to the NOX Emissions from Stationary 

Gas Turbines and Stationary Engines 

Rule included in a SIP revision 

submitted by GA EPD on September 26, 

2006. 

II. What is the background of the 

Atlanta area? 

a. Ozone 

On November 16, 1991, EPA 

designated and classified the following 

counties in Georgia, either in their 

entirety or portions thereof, 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. The designations were based 

on the Atlanta 1-Hour Ozone Area’s 

design values for the 1987–1989 threeyear period. 

Among the requirements applicable to 

the nonattainment area for the 1-hour 

ozone NAAQS was the requirement to 

meet certain volatility standards (known 

as Reid Vapor Pressure or RVP) for 

gasoline sold commercially. See 55 FR 

23658 (June 11, 1990). As discussed in 

section III, below, a Federal 7.8 pounds 

per square inch (psi) RVP requirement 

first applied to the Atlanta 1-Hour 

Ozone Area during the high ozone 

season (June 1 to September 15) given 

its status as a serious nonattainment 

area for the 1-hour ozone NAAQS. 

Subsequently, in order to comply with 

the 1-hour ozone NAAQS, Georgia 

opted to implement the Georgia Fuel 

Rule, which requires the sale of low 

sulfur, 7.0 RVP gasoline in the 45- 

county Georgia Fuel Area during the 

high ozone season. EPA incorporated 

the Georgia Fuel Rule into the Georgia 

SIP on July 19, 2004. See 69 FR 33862 

(June 17, 2004). 

Because the Atlanta 1-Hour Ozone 

Area failed to attain the 1-hour ozone 

NAAQS by November 15, 1999, EPA 

issued a final rulemaking action on 

September 26, 2003, to reclassify or 

‘‘bump up,’’ the Atlanta 1-Hour Ozone 

Area to a severe ozone nonattainment 

area. This reclassification became 

effective on January 1, 2004. See 68 FR 

55469. 

Subsequently, on February 1, 2005, 

GA EPD submitted to EPA a request to 

redesignate the Atlanta 1-Hour Ozone 

Area to attainment along with an 

associated maintenance plan. This 

request was based on three years of 

ambient data (2002, 2003, and 2004) 

showing no violation of the 1-hour 

ozone NAAQS. EPA approved the plan 

and redesignation request effective June 

14, 2005 (70 FR 34660) (June 15, 2005). 

Georgia’s 1-hour ozone redesignation 

request did not include a request to 

remove the Georgia Fuel Rule from the 

SIP nor a request to relax the Federal 7.8 

psi RVP requirement for the Atlanta 1- 

Hour Ozone Area.4

On April 30, 2004 (69 FR 23858), EPA 

designated the following 20 counties as 

a marginal ozone 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. EPA reclassified the 

Atlanta 1997 8-Hour Ozone Area as a 

moderate ozone nonattainment area on 

March 6, 2008 (73 FR 12013), when the 

Area failed to attain the NAAQS by the 

attainment date of June 15, 2007. As a 

result of the reclassification, the new 

attainment date for the area was June 15, 

2010. On November 30, 2010, EPA 

approved a one-year extension to the 

attainment date for the Atlanta 1997 8- 

hour Ozone Area from June 15, 2010, to 

June 15, 2011. See 75 FR 73969. The 

Atlanta 1997 8-Hour Ozone Area 

subsequently attained the 1997 8-hour 

ozone NAAQS by June 15, 2011. On 

March 7, 2012 (77 FR 13491), EPA 

determined that the Atlanta 1997 8- 

Hour Ozone Area had attained the 1997 

8-hour ozone NAAQS by the attainment 

date, and on December 2, 2013, 

redesignated the Area to attainment. See 

78 FR 72040. Georgia’s redesignation 

request for the Atlanta 1997 8-Hour 

Ozone Area did not include a request to 

remove the Georgia Fuel Rule from the 

SIP nor a request to relax the Federal 7.8 

psi RVP requirement. 

On May 21, 2012 (77 FR 30088), EPA 

published a final rule designating the 

following 15 counties as a marginal 

ozone nonattainment area for the 2008 

8-hour ozone NAAQS (hereinafter 

referred to as the ‘‘Atlanta 2008 8-Hour 

Ozone Area’’): Bartow, Cherokee, 

Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Henry, Newton, Paulding, 

and Rockdale. 

b. Fine Particulate Matter 

Fine particulate matter (PM2.5) can be 

emitted directly or formed secondarily 

in the atmosphere. The main precursors 

of secondary PM2.5 are sulfur dioxide 

(SO2), nitrogen oxides (NOX), ammonia, 

and volatile organic compounds (VOC). 

See 72 FR 20586 at 20589 (April 25, 

2007). Sulfates are a type of secondary 

particle formed from SO2 emissions of 

power plants and industrial facilities. 

Nitrates, another common type of 

secondary particle, are formed from 

NOX emissions of power plants, 

automobiles, and other combustion 

sources. 


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On July 18, 1997, EPA promulgated 

the first air quality standards for PM2.5. 

EPA promulgated primary and 

secondary annual standards at a level of 

15 micrograms per cubic meter (mg/m3), 

based on a 3-year average of annual 

mean PM2.5 concentrations. In the same 

rulemaking, EPA promulgated primary 

and secondary 24-hour standards of 65 

mg/m3, based on a 3-year average of the 

98th percentile of 24-hour 

concentrations. On October 17, 2006, 

EPA retained the annual average 

NAAQS at 15 mg/m3 but revised the 24- 

hour NAAQS to 35 mg/m3, based again 

on the 3-year average of the 98th 

percentile of 24-hour concentrations. 

See 71 FR 61144. Under EPA 

regulations at 40 CFR part 50, the 

primary and secondary 1997 Annual 

PM2.5 NAAQS are attained when the 

annual arithmetic mean concentration, 

as determined in accordance with 40 

CFR part 50, Appendix N, is less than 

or equal to 15.0 mg/m3 at all relevant 

monitoring sites in the subject area over 

a 3-year period. 

On January 5, 2005, and 

supplemented on April 14, 2005, EPA 

designated the following counties as a 

nonattainment area for the 1997 PM2.5

NAAQS (hereinafter referred to as the 

‘‘Atlanta 1997 PM2.5 Area’’): Barrow, 

Bartow, Carroll, Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Hall, Henry, 

Newton, Paulding, Rockdale, Spalding, 

Walton, and portions of Heard and 

Putnam Counties in Georgia. See 70 FR 

944 and 70 FR 19844, respectively. On 

November 13, 2009, EPA promulgated 

designations for the 24-hour PM2.5

NAAQS established in 2006, 

designating the counties in the Atlanta 

1997 PM2.5 Area as unclassifiable/

attainment for this NAAQS. See 74 FR 

58688. EPA did not promulgate 

designations for the 2006 Annual PM2.5

NAAQS because that NAAQS was 

essentially identical to the 1997 Annual 

PM2.5 NAAQS. The November 13, 2009, 

action clarified that all counties in the 

Atlanta 1997 PM2.5 Area were 

designated unclassifiable/attainment for 

the 1997 24-hour PM2.5 NAAQS through 

the designations promulgated on 

January 5, 2005. 

III. What are the Federal RVP 

requirements? 

On August 19, 1987 (52 FR 31274), 

EPA determined that gasoline 

nationwide had become increasingly 

volatile, causing an increase in 

evaporative emissions from gasolinepowered vehicles and equipment. 

Evaporative emissions from gasoline, 

referred to as VOC, are precursors to the 

formation of tropospheric ozone and 

contribute to the nation’s ground-level 

ozone problem. Exposure to groundlevel ozone can reduce lung function 

(thereby aggravating asthma or other 

respiratory conditions), increase 

susceptibility to respiratory infection, 

and may contribute to premature death 

in people with heart and lung disease. 

The most common measure of fuel 

volatility that is useful in evaluating 

gasoline evaporative emissions is RVP. 

Under section 211(c) of CAA, EPA 

promulgated regulations on March 22, 

1989 (54 FR 11868), that set maximum 

limits for the RVP of gasoline sold 

during the high ozone season. These 

regulations constituted Phase I of a twophase nationwide program, which was 

designed to reduce the volatility of 

commercial gasoline during the summer 

ozone control season. On June 11, 1990 

(55 FR 23658), EPA promulgated more 

stringent volatility controls as Phase II 

of the volatility control program. These 

requirements established maximum 

RVP standards of 9.0 psi or 7.8 psi 

(depending on the State, the month, and 

the area’s initial ozone attainment 

designation with respect to the 1-hour 

ozone NAAQS during the high ozone 

season). 

The 1990 CAA Amendments 

established a new section, 211(h), to 

address fuel volatility. Section 211(h) 

requires EPA to promulgate regulations 

making it unlawful to sell, offer for sale, 

dispense, supply, offer for supply, 

transport, or introduce into commerce 

gasoline with an RVP level in excess of 

9.0 psi during the high ozone season. 

Section 211(h) prohibits EPA from 

establishing a volatility standard more 

stringent than 9.0 psi in an attainment 

area, except that EPA may impose a 

lower (more stringent) standard in any 

former ozone nonattainment area 

redesignated to attainment. 

On December 12, 1991 (56 FR 64704), 

EPA modified the Phase II volatility 

regulations to be consistent with section 

211(h) of the CAA. The modified 

regulations prohibited the sale of 

gasoline with an RVP above 9.0 psi in 

all areas designated attainment for 

ozone, beginning in 1992. For areas 

designated as nonattainment, the 

regulations retained the original Phase II 

standards published on June 11, 1990 

(55 FR 23658). 

As stated in the preamble to the Phase 

II volatility controls rule and reiterated 

in the proposed change to the volatility 

standards published in 1991, EPA will 

rely on states to initiate changes to 

EPA’s volatility program that they 

believe will enhance local air quality 

and/or increase the economic efficiency 

of the program within the statutory 

limits. In those rulemakings, EPA 

explained that the governor of a state 

may petition EPA to set a volatility 

standard less stringent than 7.8 psi for 

some month or months in a 

nonattainment area. The petition must 

demonstrate such a change is 

appropriate because of a particular local 

economic impact and that sufficient 

alternative programs are available to 

achieve attainment and maintenance of 

the 1-hour ozone NAAQS. A current 

listing of the RVP requirements for 

states can be found on EPA’s Web site 

at: http://www.epa.gov/otaq/fuels/

gasolinefuels/volatility/standards.htm. 

At this time, Georgia is not requesting 

a relaxation or removal of the Federal 

7.8 psi RVP requirement that applies in 

the original 13-county Atlanta 1-Hour 

Ozone Area; rather, Georgia is 

requesting a removal of the Georgia Fuel 

Rule that applies a more stringent low 

sulfur, 7.0 psi RVP requirement in the 

45-county Georgia Fuel Area. There is a 

separate process, not contemplated 

through today’s proposed action, to 

remove Federal RVP requirements. 

IV. What are the Section 110(l) 

requirements? 

The State must demonstrate that the 

requested changes to the Georgia SIP 

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’s criterion 

for determining the approvability of 

Georgia’s SIP revisions is whether the 

noninterference demonstration 

associated with the relaxation request 

satisfies section 110(l). 

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 SIP 

revisions for all areas of the country, 

whether attainment, nonattainment, 

unclassifiable, or maintenance for one 

or more of the six criteria pollutants. 

EPA also interprets section 110(l) to 

require a demonstration addressing all 

criteria pollutants whose emissions and/ 

or ambient concentrations may change 

as a result of the SIP revision. The 

degree of analysis focused on any 

particular NAAQS varies depending on 

the nature of the emissions associated 

with the proposed SIP revision. GA 

EPD’s analysis focuses on emissions of 

NOX and VOC because these are the 

pollutants affected by Georgia Rules 

391–3–1–.02(2)(aaa) and 391–3–1– 


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5Currently, counties in and around metropolitan 

Atlanta are not designated nonattainment for the 

SO2, CO, NO2, or lead NAAQS. Although the 

modification to Georgia Rule 391–3–1–.02(2)(mmm) 

proposed in the State’s February 5, 2015, 

submission may impact emissions of carbon 

monoxide (CO), NOX (including NO2), and sulfur 

dioxide (SO2), EPA does not expect any potential 

increase in emissions to interfere with maintenance 

of the CO, NO2, or SO2 NAAQS. 

6Although VOC is one of the precursors for fine 

particulate matter formation, studies have indicated 

that, in the southeast, emissions of direct PM2.5 and 

the precursor sulfur oxides are more significant to 

ambient summertime PM2.5 concentrations than 

emissions of nitrogen oxides and anthropogenic 

VOC. See, e.g., Journal of Environmental 

Engineering-Quantifying the sources of ozone, fine 

particulate matter, and regional haze in the 

Southeastern United States (June 24, 2009), 

http://www.journals.elsevier.com/journalofenvironmental-management. 

7The 2010b MOVES model was the latest EPA 

mobile source model available to the State at the 

time that it developed its SIP revision. GA EPD’s 

modeling using 2010b MOVES conforms with 

EPA’s modeling guidance at that time. 

8See Section 3.0 of Georgia’s SIP submission for 

a detailed discussion of the methodology used to 

estimate the emissions increase associated with the 

proposed removal of the Georgia Fuel Rule. 

9Per Capita Emissions for windshield washer 

fluids is 0.611 lb of VOC per year. More information 

can be found at http://www.epa.gov/ttnchie1/eiip/

techreport/volume03/iii05.pdf. 

10The ozone season in Georgia runs from March 

1 through October 31 of each year. 

.02(2)(bbb).5 As discussed in more detail 

below, GA EPD opted to obtain NOX

reductions to offset the estimated 

emissions increases in NOX and VOC (as 

a NOX equivalent) from the 

aforementioned changes to Georgia SIP.6

In the absence of an attainment 

demonstration, to demonstrate no 

interference with any applicable 

NAAQS or requirement of the CAA 

under section 110(l), EPA believes it is 

appropriate to allow states to substitute 

equivalent emissions reductions to 

compensate for any change to a SIPapproved program, as long as actual 

emissions in the air are not increased. 

‘‘Equivalent’’ emissions reductions are 

reductions that are equal to or greater 

than those reductions achieved by the 

control measure approved in the SIP. To 

show that compensating emissions 

reductions are equivalent, adequate 

justification must be provided. The 

compensating, equivalent reductions 

must represent actual emissions 

reductions achieved in a 

contemporaneous time frame to the 

change of the existing SIP control 

measure in order to preserve the status 

quo level of emission in the air. If the 

status quo is preserved, noninterference 

is demonstrated. In addition to being 

contemporaneous, the equivalent 

emissions reductions must also be 

permanent, enforceable, quantifiable, 

and surplus. 

As discussed above, Georgia’s 

February 5, 2015, SIP revision contains 

a section 110(l) noninterference 

demonstration that modifying the SIP to 

remove Georgia Rules 391–3–1– 

.02(2)(aaa) and 391–3–1–.02(2)(bbb), 

and to revise Georgia Rule 391–3–1– 

.02(2)(mmm) will not interfere with 

attainment or maintenance of any 

NAAQS or with any other applicable 

requirement of the CAA. To support this 

demonstration, Georgia’s February 5, 

2015, SIP revision includes measures to 

offset the emissions increases expected 

from the changes to these rules. EPA’s 

analysis of Georgia’s February 5, 2015, 

SIP revision pursuant to section 110(l) 

is provided below. EPA notes that the 

proposed changes to Georgia Rule 391– 

3–1–.02(2)(mmm) in Georgia’s 

September 26, 2006, SIP submission are 

structural in nature and therefore do not 

impact emissions. 

V. What is EPA’s analysis of Georgia’s 

submittals? 

a. Georgia Rule 391–3–1–.02(2)(bbb), 

Gasoline Marketing 

The Georgia Fuel Rule was 

implemented for 45 counties (inclusive 

of the 20-county Atlanta 1997 8-Hour 

Ozone Area, the 15-county Atlanta 2008 

8-Hour Ozone Area, and additional 

counties that are designated as 

unclassifiable/attainment for the 

relevant ozone NAAQS). This Rule 

requires the sale of gasoline, also known 

as Georgia Gas, in the Georgia Fuel Area 

during the high ozone season that is 

specially formulated to contain low 

sulfur, which provides NOX reductions, 

and an RVP not to exceed 7.0 psi. 

Georgia’s noninterference analysis 

utilized EPA’s 2010b Motor Vehicle 

Emissions Simulator (MOVES) emission 

modeling system to estimate mobile 

source emissions increases associated 

with the removal of the Georgia Fuel 

Rule from the SIP.7 The change to 7.8 

RVP fuel in the Atlanta 1-Hour Ozone 

Area and to 9.0 psi RVP fuel for the 

remainder of the Georgia Fuel Area is 

estimated to increase daily mobile 

source VOC and NOX emissions by 

approximately 4.61 tons and 1.66 tons, 

respectively, in the Georgia Fuel Area 

during the 2015 high ozone season.8 GA 

EPD converted the VOC emissions 

increase to a NOX equivalent using the 

ozone sensitivity analysis discussed in 

Section V.d and calculated a total NOX

emissions increase (direct NOX and 

equivalent NOX) of 200.43 tons during 

the high ozone season. 

b. Georgia Rule 391–3–1–.02(2)(aaa), 

Consumer and Commercial Products 

Georgia’s Consumer and Commercial 

Products Rule restricts the sale of 

windshield wiper fluid to no more than 

eight percent VOC content in the 

Atlanta 1-Hour Ozone Area. In its 

technical demonstration, the State 

estimated that increasing the VOC 

content from eight percent to 35 percent 

yields an increase daily VOC emissions 

by approximately 0.17 ton per day (tpd). 

Although Georgia notes that the washer 

fluid used in the Southeast typically has 

a VOC content of between eight to ten 

percent in the summer and 30 percent 

in the winter, it used the 35 percent 

VOC content limit for automotive 

windshield washer fluid in 40 CFR part 

59, subpart C. Georgia estimated daily 

VOC emissions using 2010 census data 

and the EPA per-person usage factor for 

windshield washer fluid.9 GA EPD then 

subtracted the VOC emissions 

associated with 8 percent VOC content 

washer fluid from the VOC emissions 

associated with 35 percent VOC content 

washer fluid to calculate the emission 

increase. GA EPD converted the 

resulting 0.17 tpd VOC increase to a 

NOX equivalent using the ozone 

sensitivity analysis discussed in Section 

V.d, below. Using this sensitivity 

analysis, GA EPD concluded that the 

0.17 tpd VOC increase equates to a 

0.0079 tpd increase in NOX emissions, 

or 1.92 tons of NOX during the ozone 

season.10

c. Georgia Rule 391–3–1–.02(2)(mmm), 

NOX Emissions From Stationary Gas 

Turbines and Stationary Engines Used 

To Generate Electricity 

Georgia Rule 391–3–1–.02(2)(mmm) 

reduces emissions from stationary, peak 

performing engines that tend to operate 

during high electricity demand days in 

the 45-county Georgia Fuel Area. The 

State enacted this rule as an ozone 

control measure, and it limits the 

amount of NOX output from stationary 

gas turbines and stationary engines with 

nameplate capacity greater than or equal 

to 100 kilowatts and less than or equal 

to 25 megawatts of capacity from May 

1 through September 30 of each year. 

The rule currently incorporated into the 

SIP exempts emergency standby 

stationary gas turbines and stationary 

engines, defined as any stationary gas 

turbine or stationary engine that 

operates only when electric power from 

the local utility is not available and 

which operates less than 200 hours per 

year, from the rule’s requirements. The 

September 26, 2006, SIP revision would 

make a structural change to the SIPapproved version of the regulation, 

pulling the emergency engine 

exemption into a new paragraph 

(Paragraph 7) and limiting the 


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11Additional information of the SEMAP study is 

located in Appendix D of Georgia’s SIP submittal. 

12Although the removal of Georgia Rules 391–3– 

1–.02(2)(aaa) and 391–3–1–.02(2)(bbb) is expected 

to increase VOC emissions as described in sections 

V.a and V.b, above, Georgia is opting to substitute 

NOX reductions for these estimated increases for 

VOC. The metropolitan Atlanta area is NOX limited 

(i.e., VOC emissions have little effect on ozone 

formation) due to the biogenic nature of VOC 

emissions in Georgia. Therefore, implemented 

control measures in the Area have focused on the 

control of NOX emissions. 

13This correction is located in the docket for 

today’s action. 

14 GA EPD entered into contracts with Norfolk 

Southern Railway on April 29, 2014, and November 

25, 2014, and with CSX Transportation on August 

19, 2014, to complete the program. 

15These scopes of work are found at Appendix 

E to Georgia’s February 5, 2015, SIP revision and 

in supplemental information provided by GA EPD 

on May 26, 2015. 

16Pursuant to the contracts, Norfolk Southern 

Railway Company and CSX Transportation are 

required to operate the converted locomotives in 

the Atlanta and Rome Railyards at least 80 percent 

of each converted locomotive’s operating hours. 

exemption to the emission limits in 

Paragraph 1 of the rule. 

Emergency generators at data centers 

are subject to the exemption but have 

different operational needs, mainly the 

need for an uninterruptible power 

supply in the event of outages, than 

emergency generators at other facilities. 

Data centers are equipped with 

uninterruptable power supplies, and 

during a power outage, the data centers 

receive power from these power 

supplies and not from the emergency 

generators. These generators operate 

only when the uninterruptable power 

supplies fail or become unreliable and 

need to be operated for routine testing 

and maintenance to ensure reliability. 

Therefore, the State’s February 5, 2015, 

submission would modify the rule to 

exempt stationary engines at data 

centers from the rule’s NOX emission 

limits provided that the engines operate 

for less than 500 hours per year and 

only for routine testing and 

maintenance, when electric power from 

the local utility is not available, or 

during internal system failures. The rule 

change would also limit routine testing 

and maintenance of these engines 

during the high ozone season to the 

hours of 10 p.m. to 4 a.m. to reduce the 

possibility of ozone formation due to 

these emissions. Ground-level ozone is 

formed primarily from photochemical 

reactions between two major classes of 

air pollutants, VOC and NOX. These 

reactions have traditionally been viewed 

as depending upon the presence of heat 

and sunlight, resulting in higher 

ambient ozone concentrations in 

summer months. Given the nature of the 

exempted engines and the conditions 

necessary to qualify for the exemptions, 

any emissions increase is likely 

negligible. 

d. Emissions Offsets From School Bus 

Replacements and Locomotive Retrofits 

As discussed above, the State must 

demonstrate that any offset measures 

result in equivalent or greater emissions 

reductions that are permanent, 

enforceable, quantifiable, surplus, and 

contemporaneous. GA EPD used 

information provided by the 

SouthEastern Modeling, Analysis and 

Planning (SEMAP) 11 project to examine 

the sensitivity of daily ozone 

concentrations to reductions in NOX

and VOC emissions at ten ozone 

monitors in the Atlanta 2008 8-Hour 

Ozone Area. The State then used the 

resulting average sensitivities for NOX

and VOC from the SEMAP project and 

the estimated VOC emissions increases 

identified above to calculate NOX

equivalent emissions increases.12

Georgia added these NOX equivalent 

emissions increases to the projected 

NOX emissions increases associated 

with the removal of the Georgia Fuel 

Rule and Consumer and Commercial 

Products Rule from the SIP to determine 

the amount of NOX emissions 

reductions that would be needed from 

offset measures to maintain the status 

quo in air quality. Table 1, below, 

identifies these estimated total NOX

equivalent emissions increases. 

TABLE 1—NOX EMISSIONS INCREASES/

OFFSETS REQUIRED FROM REMOVING GEORGIA RULES (aaa) AND

(bbb) IN TONS FOR THE 2015 

OZONE SEASON

Offsets 

needed from 

Georgia rule 

(aaa) 

Offsets 

needed 

from 

Georgia 

rule 

(bbb) 

Total 

offsets 

needed 

1.92 ........................... 200.43 202.35 

Georgia’s SIP revision includes two 

offset measures—school bus 

replacements and rail locomotive 

conversions—to obtain the necessary 

emissions reductions. The State’s school 

bus replacement program permanently 

replaced 60 older school buses (model 

years between 1994 to 2003) in DeKalb, 

Fayette, Henry, and Madison Counties 

with the newer and cleaner 2015 model 

year buses and was not necessary to 

satisfy any federal requirement. In the 

February 5, 2015, SIP submittal, GA 

EPD calculated the bus replacement 

NOX emissions reductions using the 

Diesel Emissions Quantifier (DEQ). EPA 

requested that the State recalculate 

these emissions reductions because the 

DEQ is not an appropriate methodology 

to calculate emissions reductions for 

incorporation into a SIP. On April 7, 

2015, GA EPD submitted a correction to 

the school bus NOX emissions 

calculation using EPA certification data 

and school bus mileage.13 GA EPD 

quantified the NOX reductions by taking 

the difference in the emissions of the 

old and new buses, as summarized in 

Appendix C of the April 7, 2015 

correction. The school bus replacement 

was completed in October 2014. The 

State has not previously relied on these 

emissions reductions to satisfy any CAA 

requirement. 

The Locomotive Conversion Program 

consists of two components: (1) The 

conversion of 28 locomotives from 

Norfolk Southern Railway Company and 

CSX Transportation to EPA Tier 3 

switch duty, Tier 3 Line-Haul, and Tier 

2 Switch emissions standards,14 and (2) 

the installation of an electric layover 

system at the Norfolk Southern Atlanta 

Terminal. The contracts have been 

executed between GA EPD and Norfolk 

Southern Railway, and GA EPD and 

CSX Transportation; the scopes of work 

from these contracts are being proposed 

for incorporation into the Georgia SIP 

and will become federally enforceable 

once approved into the SIP.15 The 

converted low-emissions locomotives 

are required in the assigned operating 

areas within the Georgia Fuel Area.16

GA EPD quantified the NOX emissions 

reductions using estimated fuel usage of 

1,000 gallons per week per traditional 

switcher locomotives and subtracting it 

from the manufacturer’s estimated fuel 

usage of the newly converted 

locomotives. The locomotive retrofits 

will be phased in over a period from 

November 2014 through August 2016. 

To date, one locomotive conversion has 

been completed, 22 locomotives are in 

various phases of the conversions 

process and are scheduled to be 

converted by the end of 2015, and the 

remaining five locomotives will start the 

conversion process by October 2015. 

The locomotive conversion project also 

includes the installation of an electric 

layover heating system for locomotives. 

The electric layover heating system will 

reduce idle time, and therefore reduce 

emissions, by providing electric heat 

and battery charge to the locomotive 

engines. The State has not previously 

relied on the emissions reductions from 

the Locomotive Conversion Program to 

satisfy any CAA requirement. 

Table 2, below, shows the expected 

emissions reductions from the school 

bus replacement and locomotive 

conversion offset measures. 


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17 GA EPD estimated the emissions increase 

resulting from the removal of Georgia Rules 391– 

3–1–.02(2)(aaa) and 391–3–1–.02(2)(bbb), and the 

revision to Georgia Rule 391–3–1–.02(2)(mmm) on 

a ton per year basis. However, some of the NOX

emissions limitations that applied to Unit 3 during 

its operation are on a 30-day rolling average basis. 

GA EPD carried out the analysis based on an annual 

emissions rate and, where a 30-day rolling average 

applies, a monthly emissions rate. 

TABLE 2—NOX EMISSIONS OFFSETS

(tons/year) 

Locomotive 

retrofits 

School 

bus 

replacements 

Total 

offsets 

Total 

offsets 

needed 

197.38 6.42 203.80 202.35 

The estimated NOX emissions 

reductions associated with the school 

bus replacement and locomotive retrofit 

measures are more than sufficient to 

offset the emissions increases expected 

to result from modifying the SIP to 

remove Georgia Rules 391–3–1– 

.02(2)(aaa) and 391–3–1–.02(2)(bbb) and 

to revise Georgia Rule 391–3–1– 

.02(2)(mmm). 

e. Emissions Offset Contingency 

Measure 

Georgia’s SIP revision includes a 

contingency offset measure in the event 

that the locomotive conversion program 

cannot be fully completed. The 

contingency measure would obtain NOX

offsets from the permanent retirement of 

Unit 3 at Georgia Power’s Eugene A. 

Yates Steam-Electric Generating Plant 

(hereinafter referred to as ‘‘Power Plant 

Yates’’), located in Newnan, Georgia, in 

the amount of any shortfall due to 

incomplete implementation of the 

locomotive conversion program. Plant 

Yates is located 45 miles from Atlanta, 

Georgia, in Coweta County within the 

Georgia Fuel Area. There are a total of 

seven units at Plant Yates; Units 6 and 

7 were converted to operate at 100 

percent natural gas and Units 1 thru 5 

retired in April 2015 per Condition 3.2.6 

of Title V permit amendment 4911–077– 

0001–V–03–5, issued August 29, 2014. 

The shutdown of the five units will 

result in a decrease in NOX emissions. 

EPA is proposing to allow GA EPD to 

use the permanent retirement of Unit 3 

and the associated NOX emissions 

reductions as a contingency measure for 

NOX offsets. The shutdown of Yates 

Unit 3 is not necessary to satisfy any 

CAA requirement, and the resulting 

emissions reductions have not been 

relied upon in any attainment plan or 

demonstration or credited in any RFP 

demonstration. 

Georgia quantified the amount of 

emissions reductions available as offsets 

using the baseline approach in 40 CFR 

part 51, Appendix S established to 

determine the offsets available for the 

construction of a new major source or 

major modification in a nonattainment 

area. Georgia calculated the baseline 

emissions using 2012 and 2013 actual 

annual operating hours obtained from 

the EPA’s Clean Air Markets Data Web 

site. GA EPD calculated the monthly 

NOX emissions for calendar year 2012 

and 2013 to obtain the annual average 

NOX baseline emissions of 688 tons and 

632 tons for 2012 and 2013, 

respectively, resulting in an average 

baseline for 2012–2013 of 660 tons of 

NOX.17 Upon a determination that 

sufficient offsets will not be achieved 

within one year from the date of EPA’s 

final action on Georgia’s February 5, 

2015, SIP submission, GA EPD will 

revise Georgia Rule 391–3–1–.02(12)(f), 

Clean Air Interstate Rule NOX Annual 

Trading Program, for the purposes of 

retiring or reducing the appropriate New 

Source Set Asides and submit that rule 

revision, along with the Title V permit 

condition that requires the shutdown of 

Unit 3, as a SIP revision. GA EPD will 

use the necessary substitute emissions 

reductions to replace any emissions 

shortfall in the event the locomotive 

conversions are not completed. EPA has 

initially determined that the State has 

successfully demonstrated that 660 tons 

of NOX offset is available through 

implementation of the contingency 

measure in the event the locomotive 

conversion program is not completed 

and that the measures will be 

permanent, enforceable, quantifiable, 

contemporaneous, surplus, and 

equivalent. 

f. Conclusion Regarding the 

Noninterference Analysis 

EPA believes that the emissions 

reductions from the offset measures 

included in the SIP revision are greater 

than those needed to maintain the status 

quo in air quality and are permanent, 

enforceable, quantifiable, surplus, 

contemporaneous and equivalent. 

Therefore, EPA has preliminarily 

determined that the SIP revision 

adequately demonstrates that modifying 

the SIP to remove Georgia Rules 391–3– 

1–.02(2)(aaa) and 391–3–1–.02(2)(bbb), 

and to revise Georgia Rule 391–3–1– 

.02(2)(mmm) will not interfere with 

attainment or maintenance of any 

NAAQS or with any other applicable 

requirement of the CAA. 

VI. Incorporation by Reference 

In this rule, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

proposing to incorporate by reference 

Georgia Rule 391–3–1–.02(2)(mmm), 

NOX Emissions from Stationary Gas 

Turbines and Stationary Engines used to 

Generate Electricity. EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the appropriate EPA office 

(see the ADDRESSES section of this 

preamble for more information). 

VII. Proposed Action 

EPA is proposing to approve the State 

of Georgia’s February 5, 2015, SIP 

revision, including the section 110(l) 

demonstration that modifying the SIP to 

remove Georgia Rules 391–3–1– 

.02(2)(aaa) and 391–3–1–.02(2)(bbb) and 

revise Georgia Rule 391–3–1– 

.02(2)(mmm) will not interfere with 

attainment or maintenance of any 

NAAQS or with any other applicable 

requirement of the CAA. EPA is also 

proposing to approve a structural 

change to Georgia Rule 391–3–1– 

.02(2)(mmm) submitted on September 

26, 2006. EPA has preliminarily 

determined that the removal of Georgia 

Rules 391–3–1–.02(2)(aaa) and 391–3– 

1–.02(2)(bbb), and the revision to 

Georgia Rule 391–3–1–.02(2)(mmm), are 

approvable because the SIP revision 

includes offset measures that provide 

emissions reductions that are greater 

than the estimated emissions increases 

associated with the changes to the 

aforementioned rules. Furthermore, in 

the event that the locomotive 

conversion program is not fully 

completed, the SIP revision includes a 

contingency measure to ensure that all 

necessary offsets are secured. Approval 

of the State’s February 5, 2015, SIP 

revision would modify the SIP to 

remove Georgia Rules 391–3–1– 

.02(2)(aaa) and 391–3–1–.02(2)(bbb), 

revise Georgia Rule 391–3–1– 

.02(2)(mmm), and include the school 

bus replacement and locomotive 

conversion program offset measures as 

well as the offset contingency 

provisions. 

VIII. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal 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 proposes to approve state 

law as meeting Federal requirements 

and does not propose to impose 


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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, October 7, 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

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

Dated: June 11, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–15321 Filed 6–25–15; 8:45 am] 

BILLING CODE 6560–50–P 


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