Approval and Promulgation of Implementation Plans; Georgia: Changes to Georgia Fuel Rule and Other Miscellaneous Rules, 36750-36756 [2015-15321]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Proposed Rules]
[Pages 36750-36756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15321]


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

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 https://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?

[[Page 36751]]

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.
---------------------------------------------------------------------------

    \1\ The 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.
    \2\ The 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.
---------------------------------------------------------------------------

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 three-year 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\
---------------------------------------------------------------------------

    \4\ Section 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.
---------------------------------------------------------------------------

    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.

[[Page 36752]]

    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 ([mu]g/m\3\), 
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 [mu]g/m\3\, 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 [mu]g/m\3\ but revised the 
24-hour NAAQS to 35 [mu]g/m\3\, 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 [micro]g/m\3\ 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 gasoline-powered 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 ground-level 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 two-phase 
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: https://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-

[[Page 36753]]

.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\
---------------------------------------------------------------------------

    \5\ Currently, 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.
    \6\ Although 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), https://www.journals.elsevier.com/journal-ofenvironmental-management.
---------------------------------------------------------------------------

    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 SIP-approved 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.
---------------------------------------------------------------------------

    \7\ The 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.
    \8\ See 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.
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \9\ Per Capita Emissions for windshield washer fluids is 0.611 
lb of VOC per year. More information can be found at https://www.epa.gov/ttnchie1/eiip/techreport/volume03/iii05.pdf.
    \10\ The ozone season in Georgia runs from March 1 through 
October 31 of each year.
---------------------------------------------------------------------------

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 SIP-approved version of the regulation, 
pulling the emergency engine exemption into a new paragraph (Paragraph 
7) and limiting the

[[Page 36754]]

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.
---------------------------------------------------------------------------

    \11\ Additional information of the SEMAP study is located in 
Appendix D of Georgia's SIP submittal.
    \12\ Although 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.

 Table 1--NOX Emissions Increases/Offsets Required From Removing Georgia
         Rules (aaa) and (bbb) in Tons for the 2015 Ozone Season
------------------------------------------------------------------------
                                                    Offsets
                                                    needed
                                                     from        Total
    Offsets  needed from  Georgia rule  (aaa)       Georgia     offsets
                                                     rule       needed
                                                     (bbb)
------------------------------------------------------------------------
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.
---------------------------------------------------------------------------

    \13\ This correction is located in the docket for today's 
action.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
    \15\ These 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.
    \16\ Pursuant 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.
---------------------------------------------------------------------------

    Table 2, below, shows the expected emissions reductions from the 
school bus replacement and locomotive conversion offset measures.

[[Page 36755]]



                     Table 2--NOX Emissions Offsets
                               (tons/year)
------------------------------------------------------------------------
                                                                 Total
       Locomotive retrofits          School  bus      Total     offsets
                                     replacements    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

 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

[[Page 36756]]

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