                                  SYNOPSIS OF
                      PROPOSED REPEAL OF THE RULES OF THE
                        DEPARTMENT OF NATURAL RESOURCES
                       ENVIRONMENTAL PROTECTION DIVISION
                        RELATING TO CLEAN FUELED FLEETS
                               CHAPTER 391-3-22


DNR proposes repeal of Chapter 391-3-22 Rules for Clean Fueled Fleets in its entirety.


                                       
                            STATEMENT OF RATIONALE
                         Rules for Clean Fueled Fleets

In 1994, the Rules for Clean Fueled Fleets (CFF), Chapter 391-3-22, were adopted.  The Rules were required by the Clean Air Act (CAA) for areas that were classified as serious or above with the 1990 1-hour ozone National Ambient Air Quality Standards (NAAQS).  The Atlanta area was classified as serious for 13 counties in the Atlanta Metropolitan area under this standard.  The area has since attained that standard, but was required to retain the program as an anti-backsliding measure for the 1997 8-hour ozone National Ambient Air Quality Standards.  By meeting the 1997 standard and being re-designated as attainment for the 1997 standard, the measure is no longer required for the current 2008 8-hour ozone National Ambient Air Quality Standard nonattainment area.  In addition, EPA has provided guidance to States that all 2005 and later vehicles have emission standards that are more stringent than the Clean Fueled Fleet requirements of the CAA.  Therefore, these rules are no longer necessary to fulfill the Clean Air Act requirements in the State Implementation Plan.  Since these rules are no longer required, and as part of the burden reduction measures under the Governor's February 13, 2012 Executive Order on regulatory reform, EPD proposes to repeal Chapter 391-3-22 in its entirety.

