[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Rules and Regulations]
[Pages 57736-57737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15397]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2023-0518; FRL-11955-02-R4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: This rule is effective August 15, 2024.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2023-0518. All documents in the docket 
are listed on the 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, 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: Weston Freund, Air Regulatory 
Management Section, Air Planning and Implementation Branch, Air and 
Radiation Division, Region 4, U.S. Environmental Protection Agency, 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 
[email protected].

SUPPLEMENTARY INFORMATION:

I. This Action

    EPA is approving a SIP revision submitted by the GA 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. EPA is approving 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 
changes described herein, EPA is correcting 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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    Through a notice of proposed rulemaking (NPRM), published on May 
17, 2024, (89 FR 43357), EPA proposed to approve the September 28, 
2023, changes to Georgia Rule 391-3-1-.02(2)(ss), Gasoline Transport 
Vehicles and Vapor Collection Systems. The details of Georgia's 
submission, as well as EPA's rationale for approving the changes, are 
described in more detail in the May 17, 2024, NPRM. Comments on the May 
17, 2024, NPRM were due on or before June 16, 2024. No comments were 
received on the 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, as discussed in Section I of this preamble, EPA is finalizing the 
incorporation by reference of 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). Therefore, these materials have 
been approved by EPA for inclusion in the State implementation plan, 
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.\3\
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    \3\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is approving 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 
action merely approves state law as meeting Federal requirements and 
does 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 mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);

[[Page 57737]]

     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 September 16, 2024. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: July 9, 2024.
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(c), amend table 1 by revising the entry for ``391-3-
1-.02(2)(ss)'' to read as follows:


Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                           Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
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                                                         State
       State citation            Title/subject      effective date    EPA approval date         Explanation
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                                                  * * * * * * *
391-3-1-.02(2)(ss).........  Gasoline Transport         09/17/2023  7/16/2024 [Insert
                              Vehicles and Vapor                     first page of
                              Collection Systems.                    Federal Register
                                                                     citation].
 
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[FR Doc. 2024-15397 Filed 7-15-24; 8:45 am]
BILLING CODE 6560-50-P