[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43357-43359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10713]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0518; FRL-11955-01-R4]


Air Plan Approval; GA; Revisions to the State Implementation Plan 
Gasoline Transport Vehicles and Vapor Collection System Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Georgia Department of Natural Resources (GA DNR) Environmental 
Protection Division (EPD) on September 28, 2023, for the purpose of 
clarifying requirements for gasoline transport vehicles and making 
minor administrative changes. EPA is proposing to approve Georgia's 
September 28, 2023, SIP revision pursuant to the Clean Air Act (CAA or 
Act).

DATES: Comments must be received on or before June 17, 2024.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0518 at regulations.gov. Follow the online instructions for 
submitting comments. 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

[[Page 43358]]

guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Weston Freund, 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) 562-8773. Mr. Freund can also be reached via electronic mail at 
staff email [email protected].

SUPPLEMENTARY INFORMATION:

I. EPA's Analysis of Georgia's Submittal

    EPA is proposing to approve a SIP revision submitted by the Georgia 
EPD on September 28, 2023, amending Rule 391-3-1-.02(2)(ss), ``Gasoline 
Transport Vehicles and Vapor Collection Systems'' \1\ to clarify 
requirements for tank labeling and increase consistency with other 
rules. The SIP revision makes the following changes: replaces 
``paragraph'' with ``subparagraph'' in Rule 391-3-1-.02(2)(ss)1.; adds 
``(month and year)'' to Rule 391-3-1-.02(2)(ss)1.(ii) to clarify that 
``date'' means month and year; changes the first letter of 
``subparagraph'' to lower case in Rule 391-3-1-.02(2)(ss)2.(ii), and 
replaces ``section'' with ``paragraph'' in Rule 391-3-1-.02(2)(ss)3. to 
be consistent with the rest of the rule. EPA is proposing to approve 
these changes because they are administrative in nature and would 
therefore not interfere with any applicable requirement concerning 
attainment and reasonable further progress or any other applicable 
requirement of the CAA.\2\
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    \1\ Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations 
at 40 CFR 52.570(c) incorrectly refers to Rule 391-3-1-.02(2)(ss) as 
``Gasoline Transport Systems and Vapor Collection Systems'' rather 
than ``Gasoline Transport Vehicles and Vapor Collection Systems'' as 
approved October 13, 1992. See 57 FR 46780. In addition to the 
revisions described herein, EPA is proposing to correct the title of 
Rule 391-3-1-.02(2)(ss) in 40 CFR 52.570(c) to accurately reflect 
the title as approved on October 13, 1992.
    \2\ See CAA section 110(l).
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II. Incorporation by Reference

    In this document, 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, and as discussed in Section I of this 
preamble, EPA is proposing to incorporate by reference Georgia Rule 
391-3-1-.02(2)(ss), ``Gasoline Transport Vehicles and Vapor Collection 
Systems'', which changes ``paragraph'' to ``subparagraph'' in Rule 391-
3-1-.02(2)(ss)1., adds ``(month and year)'' to Rule 391-3-
1-.02(2)(ss)1.(ii), changes ``subparagraph'' to lower case in Rule 391-
3-1-.02(2)(ss)2.(ii), and changes ``section'' to ``paragraph'' in Rule 
391-3-1-.02(2)(ss)3., state effective on September 17, 2023. 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).

III. Proposed Action

    EPA is proposing to approve the aforementioned Georgia SIP revision 
consisting of administrative changes to Rule 391-3-1-.02(2)(ss), 
``Gasoline Transport Vehicles and Vapor Collection Systems'' for the 
reasons discussed above.

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 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 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 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 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 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 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, 
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.''
    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 proposed action. Due to the 
nature of the action being proposed here, 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.

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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: May 10, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-10713 Filed 5-16-24; 8:45 am]
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