[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38430-38433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12580]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0457; FRL-11008-01-R4]


Air Plan Approval; Georgia; Miscellaneous Rule Revisions to 
Gasoline Dispensing Facility--Stage I

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve changes to the Georgia State Implementation Plan (SIP), 
submitted by the State of Georgia through the Georgia Environmental 
Protection Division (GA EPD) via a letter dated November 4, 2021. The 
SIP revision revises Georgia's Stage I vapor recovery rules primarily 
by removing outdated references and making several clarifying edits. 
The revision also updates several definitions and makes two substantive 
changes. EPA is proposing to approve these changes pursuant to the 
Clean Air Act (CAA or Act).

DATES: Comments must be received on or before July 13, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0457 at www.regulations.gov. Follow the online instructions 
for submitting comments.

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Once submitted, comments cannot be edited or removed from 
Regulations.gov. EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is 
(404) 562-9222. Ms. Sheckler can also be reached via electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    CAA section 182(b)(2) requires states to revise their SIPs to 
include provisions implementing Reasonably Available Control Technology 
(RACT) for each category of volatile organic compound (VOC) sources 
covered by a Control Techniques Guidelines (CTG) \1\ document in ozone 
nonattainment areas that are classified as moderate or above. CAA 
Section 182(2)(B) specifically requires states to include VOC RACT 
measures in their SIPs if the area is covered by a CTG issued prior to 
November 15, 1990. In 1975, EPA established a CTG addressing the 
control of VOC emissions from gasoline dispensing facilities (GDFs).\2\ 
For certain GDFs, owners or operators are required to install systems 
for the recovery of gasoline vapor emissions. These requirements are 
also known as Stage I and Stage II vapor recovery.\3\
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    \1\ CTG documents are documents issued by EPA to provide States 
with EPA's presumptive VOC RACT recommendations on how to control 
VOC emissions from specific products or source categories in ozone 
nonattainment areas.
    \2\ See ``Design Criteria for Stage I Vapor Control Systems 
Gasoline Service Stations'' U.S. Environmental Protection Agency, 
Office of Air Quality Planning and Standards Emission Standards and 
Engineering Division Research Triangle Park, EPA-450 (November 1975. 
Available at: https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=20013S56.txt.
    \3\ On September 25, 2015, EPA approved a SIP revision that 
removed Stage II vapor control requirements for new and upgraded 
gasoline dispensing facilities in the State and allowed for the 
decommissioning of existing Stage II equipment. See 80 FR 57729 for 
more details on EPA's analysis of the removal of Stage II vapor 
recovery requirements in the State.
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    Stage I vapor recovery requires the control of hydrocarbon gasoline 
vapors, such as VOCs, when dispensing gasoline from tanker trucks into 
gasoline storage tanks. Specifically, Stage I vapor recovery systems 
capture vapors displaced from storage tanks at GDFs during gasoline 
cargo truck deliveries. When gasoline is delivered into an above ground 
or underground storage tank, vapors that were taking up space in the 
storage tank are displaced by the gasoline entering the storage tank. 
The Stage I vapor recovery systems route these displaced vapors into 
the tank of the delivery truck. Some vapors are vented when the storage 
tank exceeds a specified pressure threshold, however, the Stage I vapor 
recovery systems greatly reduce the possibility of these displaced 
vapors being released into the atmosphere.
    Georgia's Gasoline Dispensing Facilities Rule, found at 391-3-
1-.02(2)(rr), applies to certain GDFs located in Barrow, Bartow, 
Carroll, Catoosa, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Hall, Henry, Newton, Paulding, 
Richmond, Rockdale, Spalding, Walker, and Walton Counties. The rule 
required all facilities in these counties to install either Stage I or 
Enhanced Stage I gasoline vapor recovery systems by certain dates, the 
latest of which was May 1, 2023. EPA last modified the SIP-approved 
version of Rule 391-3-1-.02(2)(rr) on September 28, 2012. See 77 FR 
59554.
    CAA section 110(l) prohibits EPA from approving a SIP revision if 
it would interfere with any applicable requirement concerning 
attainment and reasonable further progress (as defined in CAA Section 
171), or any other applicable requirement of the CAA. The proposed 
changes included in Georgia's November 4, 2021, submission will not 
lead to any increases of NAAQS pollutants and will not otherwise 
interfere with any CAA applicable requirement.\4\ The changes to 
Georgia's GDF rule and EPA's rationale for proposing approval are 
described in more detail in section II of this Notice of Proposed 
Rulemaking (NPRM).
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    \4\ Georgia's November 4, 2021, submission also included SIP 
revisions to address the base year emissions inventory requirements 
and emissions statements requirements for the 2015 8-hour ozone 
NAAQS for the Atlanta, Georgia, 2015 8-hour ozone nonattainment 
area. EPA acted on those SIP revisions in a separate rulemaking. See 
87 FR 13179 (March 9, 2022).
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II. Analysis of the State's Submission

    EPA is proposing to approve changes to Rule 391-3-1-.02(2)(rr), 
``Gasoline Dispensing Facility--Stage I.'' \5\ The revision primarily 
contains non-substantive changes such as language edits, removing 
outdated references, and clarifying edits. The revision also updates 
several definitions and makes two substantive changes.
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    \5\ In the November 4, 2021, cover letter, GA EPD requested that 
EPA not incorporate the changes to paragraphs 391-3-1-.01(nnnn), 
391-3-1-.02(2)(rr)16.(x), 391-3-1-.02(8), and 391-3-1-.02(9) into 
the SIP. For this reason, EPA is not proposing to approve the 
changes to these paragraphs through this NPRM.
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    The bulk of the changes in the November 4, 2021, submission are 
minor language edits. For example, one language edit removes the phrase 
``per month'' from the sentence, ``. . . gasoline dispensing facilities 
that dispense no more than 10,000 gallons average monthly throughput 
rate of gasoline per month . . .'' to remove redundancy. Another 
example of a language edit is a word preference alteration that changes 
the word ``replacement'' to ``replaced'' in the phrase ``replacement 
parts.'' Additionally, the State has edited various provisions in the 
rule to remove titles from sections that are self-explanatory based on 
the content of the provision. Other similar changes include the 
correction of typos, small grammatical changes, and the necessary 
renumbering of some provisions to account for the removal of others.
    The proposed revision also makes several changes to clarify the 
physical nature of gasoline vapor recovery control systems. First, with 
respect to the required components for a stationary storage tank, the 
State has added language to subparagraph (rr)1.(i)(III) specifying that 
required vents must stand vertically. The State added this language to 
further define the nature of the particular vents that operators/owners 
use in stationary storage tanks. Although there is no federal 
requirement for vents to be vertical, the vents must be at least 12 
feet above the ground as required in the SIP-approved version of this 
subparagraph. EPA is proposing to approve this edit because the rule 
continues to meet the federal requirement for the vent to be at least 
12 feet above the ground. Another clarifying edit the State made is to

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subparagraph (rr)1.(ii)(II), a provision that outlines one method to 
control vapors displaced from gasoline stationary storage tanks during 
filling. The edit specifies that when a manifold connects all gasoline 
stationary storage tanks vent lines, the vapor-tight vapor return line 
that controls displaced vapors must connect the gasoline stationary 
storage tank being filled directly to the delivery vessel. Previously, 
this provision did not use the word ``connected'' to specify that the 
vapor-tight vapor return line must directly link the delivery vessel to 
a gasoline stationary storage tank. EPA is proposing to approve this 
edit because it clarifies where the vapor-tight vapor return line must 
be connected to sufficiently control displaced vapors during the 
filling process.
    In addition to the changes addressing the physical nature of the 
control technology, the State has made other edits to clarify various 
certification and recertification testing requirements. First, the 
State has revised Subparagraph (rr)7. to clarify that when a party 
other than GA EPD conducts certification or recertification testing of 
any Stage I gasoline vapor recovery system, the party must identify the 
California Air Resources Board (CARB) Executive Order number associated 
with the system to be tested, in addition to other information.\6\ This 
requirement already existed; however, Georgia added the language 
``associated with the system to be tested'' to clarify exactly what 
information another party would need to submit to GA EPD for either 
certification or recertification testing.
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    \6\ CARB Executive Orders establish certification standards and 
procedures for specific vapor recovery systems.
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    With respect to other certification and recertification 
requirements, SIP-approved subparagraph (rr)8.(ii) requires 
certification testing within 30 days of installation for Enhanced Stage 
I gasoline vapor recovery systems approved by GA EPD and installed 
after December 31, 2022, and SIP-approved subparagraph (rr)8.(iv) 
requires recertification testing after June 1, 2008, within 24 months 
following the initial certification or recertification for any Enhanced 
Stage I gasoline vapor recovery system approved by GA EPD. The SIP 
revision removes these two subparagraphs and expands the applicability 
of subparagraphs (rr)8.(i) and 8.(iii) (renumbered to (ii)) to account 
for the removal. Georgia adds the word ``any'' to subparagraph 
(rr)8.(i) to require certification testing within 30 days of 
installation for ``any'' Stage I gasoline vapor recovery system 
approved by GA EPD after December 31, 2002. Similarly, in subparagraph 
(rr)8.(iii) (renumbered to (ii)), Georgia adds the word ``any'' to 
require recertification testing after June 1, 2008, within 12 months 
following initial certification or recertification for ``any'' Stage I 
gasoline vapor recovery system approved by GA EPD. EPA is proposing to 
approve these changes to (rr)8. because the addition of the word 
``any'' to describe Stage I gasoline vapor systems in subparagraphs 
(rr)8.(i) and (rr)8.(iii) (renumbered to (ii)) encompasses all Stage I 
gasoline vapor systems, including Enhanced Stage I vapor recovery 
systems and because the change to subparagraph (rr)8.(iii) (renumbered 
to (ii)) would require recertification testing of Enhanced Stage I 
vapor recovery systems within 12 months of the initial certification or 
recertification instead of 24 months, making the new requirements more 
stringent.
    The State made a clarifying edit in subparagraph (rr)9. to specify 
that ``failed test results'' for certification or recertification of 
the gasoline vapor recovery systems must also be included in compliance 
reports. This requirement already existed as all compliance reports 
needed to include ``results of all tests''; however, the State has 
included the new language to clarify that all tests does include failed 
test results.
    In addition to the changes to the various certification and 
recertification requirements, Georgia has revised the rule's 
recordkeeping requirements. Specifically, Georgia removed language in 
subparagraph (rr)13. regarding record disposal that stated there could 
be no time extension beyond the requirements of the subparagraph. 
Subparagraph (rr)13. does not have any timing requirements, therefore, 
EPA is proposing to approve this change as it removes superfluous 
language.
    Finally, Georgia has made some clarifying edits to specify the 
required vapor efficiency to qualify as a ``Stage I Gasoline Vapor 
Recovery System'' or an ``Enhanced Stage I Gasoline Vapor Recovery 
System.'' Georgia has revised subparagraph (rr)15.(x)(II) to specify 
that a vapor recovery system must meet a threshold of 95% vapor 
collection efficiency to qualify as a ``Stage I Gasoline Vapor Recovery 
System'' and revised subparagraph (rr)15.(iv)(I) to specify that a 
vapor recovery system must meet a threshold of 98% vapor collection 
efficiency to qualify as an ``Enhanced Stage I Gasoline Vapor Recovery 
System''. These thresholds already existed in Rule 391-3-1-.02(2) as 
each respective system was required to function in accordance with the 
applicable CARB executive orders, and each CARB executive order for 
Stage I gasoline vapor recovery systems requires at least a 95% vapor 
control efficiency, while each CARB executive order for each Enhanced 
Stage I gasoline vapor recovery systems required at least a 98% vapor 
control efficiency. See Georgia Rule 391-3-1-.02(2)(rr)6.; 391-3-
1-.02(2)(rr)15.(iv)(I); and 391-3-1-.02(rr)15.(x)(II). Therefore, EPA 
is proposing to approve these changes.
    In addition to the changes outlined above, Georgia has removed 
language in subparagraph (rr)14. specifying that GA EPD personnel 
conduct annual compliance inspections and functional testing of all 
GDFs equipped with Enhanced Stage I or Stage I gasoline vapor recovery 
systems. This subparagraph now allows either GA EPD personnel or 
certified third-party testers to conduct annual compliance inspections 
and functional testing. EPA is proposing to approve this change as it 
expands the group of certified testers who can perform testing for 
annual compliance inspections and functional testing.
    EPA is proposing to approve this SIP revision because the rule 
changes are not expected to result in any change to air pollutant 
emissions and therefore would not interfere with any applicable 
requirement concerning attainment and reasonable further progress or 
any other applicable CAA requirement. In addition, these changes are 
consistent with all applicable federal requirements for Stage I 
gasoline dispensing facilities.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, and as discussed in Sections I and 
II of this preamble, EPA is proposing to incorporate by reference 
Georgia Rule 391-3-1-.02(rr), ``Gasoline Dispensing Facility--Stage 
I,'' with the exception of changes to subparagraph 391-3-
1-.02(2)(rr)16.(x). This regulation was state effective on October 25, 
2021. EPA has made, and will continue to make, these materials 
generally available through www.regulations.gov and at the EPA Region 4 
office (please contact the person identified in the FOR FURTHER 
INFORMATION CONTACT Section of this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the November 4, 2021, SIP revision to 
incorporate the changes to Georgia's Stage I gasoline dispensing 
facility rules into the Georgia SIP. Specifically, EPA

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is proposing to approve the changes to Rule 391-3-1-.02(2)(rr), 
``Gasoline Dispensing Facility--Stage I,'' with the exception of 
changes to subparagraph 391-3-1-.02(2)(rr)16.(x). EPA is proposing to 
approve these changes for the reasons discussed above.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 they meet the criteria of the CAA. Accordingly, this proposed 
action merely proposes to approve state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
Feb. 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' EPA further defines the term fair treatment to mean that 
``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    Georgia EPD did not evaluate EJ considerations as part of its SIP 
submittal; the CAA and applicable implementing regulations neither 
prohibit nor require such an evaluation. EPA did not perform an EJ 
analysis and did not consider EJ in this proposed action. Due to the 
nature of the action being proposed, this proposed action is expected 
to have a neutral to positive impact on the air quality of the affected 
area. Consideration of EJ is not required as part of this proposed 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving EJ for people of color, low-
income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: June 6, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-12580 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P