[Federal Register Volume 88, Number 147 (Wednesday, August 2, 2023)]
[Rules and Regulations]
[Pages 50770-50773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16274]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2022-0457; FRL-11008-02-R4]


Air Plan Approval; Georgia;

    Miscellaneous Rule Revisions to Gasoline Dispensing Facility--Stage 
I
AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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Georgia's Stage I vapor recovery rules primarily by removing outdated 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 
approving these changes pursuant to the Clean Air Act (CAA or Act).

DATES: This rule is effective September 1, 2023.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2022-0457. All documents in the docket 
are listed on the www.regulations.gov website. Although listed in the 
index, some information may not be publicly available, i.e., 
Confidential Business Information 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 through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air and Radiation Division,

[[Page 50771]]

U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960. EPA requests that, if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air 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(b)(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.
---------------------------------------------------------------------------

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

    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 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. Georgia's November 4, 
2021, submittal includes changes to Rule 391-3-1-.02(2)(rr), ``Gasoline 
Dispensing Facility--Stage I.'' \3\ 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.
---------------------------------------------------------------------------

    \3\ 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 approving the changes to these 
paragraphs in this action.
---------------------------------------------------------------------------

    Specifically, the State makes several changes to clarify the 
physical nature of gasoline vapor recovery control systems and 
clarifies a provision that outlines one method to control vapors 
displaced from gasoline stationary storage tanks during filling. In 
addition to changes addressing the physical nature of the control 
technology, the State has made other edits to clarify various 
certification and recertification testing requirements, and also the 
rule's recordkeeping requirements. Further, Georgia has made changes to 
specify the required vapor efficiency to qualify as a ``Stage 1 
Gasoline Vapor Recovery System'' or an ``Enhanced Stage I Gasoline 
Vapor Recovery System'', including updated definitions and a 
clarification that functional testing is not conducted by Georgia EPD.
    EPA is approving 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.
    In a notice of proposed rulemaking (NPRM), published on June 13, 
2023 (88 FR 38430), EPA proposed to approve the November 4, 2021, 
changes to Georgia Rule 391-3-1-.02(2)(rr). The details of Georgia's 
submission, as well as EPA's rationale for approving the changes, are 
described in more detail in the June 13, 2023, NPRM. Comments on the 
June 13, 2023, NPRM were due on or before July 13, 2023. No comments 
were received on the June 13, 2023, NPRM, adverse or otherwise.

II. Incorporation by Reference

    In this document, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, and as discussed in Section I of this preamble, EPA is finalizing 
the incorporation by reference of Georgia Rule 391-3-1-.02(2)(rr), 
``Gasoline Dispensing Facility--Stage I,'' state effective on October 
25, 2021, with the exception of the changes to subparagraph 391-3-
1-.02(2)(rr)16.(x).\4\ EPA has made, and will continue to make, these 
materials generally available at the EPA Region 4 Office (please 
contact the person identified in the ``For Further Information 
Contact'' section of this preamble for more information). Therefore, 
these materials have been approved by EPA for inclusion in the SIP, 
have been incorporated by reference by EPA into that plan, are fully 
federally enforceable under sections 110 and 113 of the CAA as of the 
effective date of the final rulemaking of EPA's approval, and will be 
incorporated by reference in the next update to the SIP compilation.\5\
---------------------------------------------------------------------------

    \4\ The version of subparagraph 391-3-1-.02(2)(rr)16.(x) 
remaining in the SIP has a state-effective date of June 8, 2008, and 
was approved by EPA on September 28, 2012. See 77 FR 59554.
    \5\ See 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

III. Final Action

    In accordance with section 110 of the CAA, EPA is finalizing the 
approval of the aforementioned changes to the Georgia SIP. 
Specifically, EPA is approving 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 finalizing the 
approval of these changes because they are consistent with the CAA.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).

[[Page 50772]]

Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. This action 
merely approves state law as meeting Federal requirements and do not 
impose additional requirements beyond those imposed by state law. For 
that reason, this 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 14094 (88 FR 21879, April 11, 2023);
     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 mandates 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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     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, 
February 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.''
    GA 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 action. Due to the nature of 
the action being taken here, this 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 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.
    This action is subject to the Congressional Review Act, and EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 2, 2023. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental Protection, Air Pollution Control, Incorporation by 
Reference, Intergovernmental Relations, Nitrogen Oxides, Ozone, 
Reporting and Recordkeeping Requirements, Volatile Organic Compounds.

Jeaneanne Gettle,
Acting Regional Administrator, Region 4.

    For the reasons stated in the preamble, EPA amends 40 CFR part 52 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart L--Georgia

0
2. In Sec.  52.570, in paragraph (c), amend table 1 by revising the 
entry for ``391-3-1-.02(2)(rr)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                           Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State effective
         State citation              Title/subject           date        EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
391-3-1-.02(2)(rr)..............  Gasoline Dispensing      10/25/2021   8/2/2023, [Insert    Except for
                                   Facility--Stage I.                    citation of          subparagraph 391-3-
                                                                         publication].        1-.02(2)(rr)16.(x)
                                                                                              , which was
                                                                                              approved on 9/28/
                                                                                              2012 with a state-
                                                                                              effective date of
                                                                                              6/8/2008.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 50773]]

* * * * *
[FR Doc. 2023-16274 Filed 8-1-23; 8:45 am]
BILLING CODE 6560-50-P