Approval and Promulgation of Implementation Plans; Georgia: Stage II Vapor Recovery, 74624-74628 [2010-30119]
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Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
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(c) * * *
(1) For all such compositions in the
repertory of ASCAP, $301 annually.
(2) For all such compositions in the
repertory of BMI, $301 annually.
(3) For all such compositions in the
repertory of SESAC, $121 annually.
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Dated: November 24, 2010.
James Scott Sledge,
Chief, U.S. Copyright Royalty Judge.
[FR Doc. 2010–30060 Filed 11–30–10; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0113–201016(a);
FRL–9234–4]
Approval and Promulgation of
Implementation Plans; Georgia: Stage
II Vapor Recovery
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve revisions to the
Georgia State Implementation Plan
(SIP), submitted by the Georgia
Environmental Protection Division (GA
EPD) on September 26, 2006, with a
clarifying revision submitted on
November 6, 2006. The September 26,
2006, submittal includes multiple
modifications to Georgia’s Air Quality
Rules found at Chapter 391–3–1.
Previously, EPA took action on the
majority of the September 26, 2006,
submittal in an action published in the
Federal Register on February 9, 2010. In
today’s action, EPA is addressing only
the portion of the September 26, 2006,
submittal that relates to revisions to
Georgia’s Stage II gasoline vapor
recovery rule at 391–3–1–.02(zz). These
revisions are part of Georgia’s strategy to
meet the national ambient air quality
standards (NAAQS). EPA has
determined that these revisions are
consistent with the December 12, 2006,
EPA memorandum from Stephen D.
Page entitled Removal of Stage II Vapor
Recovery in Situations Where
Widespread Use of Onboard Refueling
Vapor Recovery is Demonstrated. EPA is
approving Georgia’s SIP revisions
pursuant to section 110 of the Clean Air
Act (CAA or Act).
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SUMMARY:
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This direct final rule is effective
January 31, 2011 without further notice,
unless EPA receives adverse comment
by January 3, 2011. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number, ‘‘EPA–
R04–OAR–2007–0113,’’ by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404–562–9019.
4. Mail: ‘‘EPA–R04–OAR–2007–0113,’’
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Ms.
Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID Number, ‘‘EPA–R04–OAR–
2007–0113.’’ EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
DATES:
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name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 in https://
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management 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 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9029.
Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
Table of Contents
I. Background
II. CAA and Georgia SIP Provisions
III. Analysis of Georgia’s SIP Revisions
IV. Final Action
V. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION:
I. Background
A. Georgia’s Submittals
On September 26, 2006, with a
clarifying revision submitted on
November 6, 2006, GA EPD submitted
proposed SIP revisions to EPA for
review and approval into the Georgia
SIP. The September 26, 2006, submittal
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included multiple modifications to
Georgia’s Air Quality Rules found at
Chapter 391–3–1. Previously, EPA took
action on the majority of the September
26, 2006, submittal in an action
published in the Federal Register on
February 9, 2010, which approved
revisions to rules 391–3–1–.01(llll),
391–3–1–.01(nnnn), 391–3–1–.–02(2)(d),
391–3–1–.02(2)(tt), 391–3–1–.02(2)(yy),
391–3–1–.02(2)(rrr), 391–3–1–.02(4),
391–3–1–.02(5), 391–3–1–.03(6)(b), 391–
3–1–.03(6)(j), 391–3–1–.03(11)(b)3(i),
391–3–1–.03(11)(b)5(i), and 391–3–1–
.05. 75 FR 6309. In today’s action, EPA
is approving only the portion of the
September 26, 2006, submittal (as
clarified in a November 6, 2006,
submittal) that relates to revisions to
Georgia’s Stage II gasoline vapor
recovery rule at 391–3–1–.02(2)(zz).
Action on the remaining portions of
the September 26, 2006, SIP revision is
still under consideration, and will be
addressed in separate actions. EPA is
not acting on revisions to rules 391–3–
1–.01(qqqq), 391–3–1–.02(2)(mmm),
391–3–1–.02(6)(a), 391–3–1–.03(6)(g),
and 391–3–1–.03(6)(i) at this time. EPA
is also not taking action on revisions to
rule 391–3–1–02(2)(ooo), as Georgia has
submitted a revised version of this rule.
Additionally, EPA is not acting on
revisions to rules 391–3–1–.02(ppp),
391–3–1–.02(8)(a), 391–3–1–.02(9), 391–
3–1–.03(9), 391–3–1–.03(10)(b)2, 391–3–
1–.03(10)(e)(6), and 391–3–1–
.03(10)(g)2, as they are not part of the
Federally-approved SIP.
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B. Atlanta Area Ozone NAAQS Status 1
Effective January 6, 1992, 13 counties
in and around Atlanta, Georgia
(Cherokee, Clayton, Cobb, Coweta,
Dekalb, Douglas, Fayette, Forsyth,
Fulton, Gwinnett, Henry, Paulding and
Rockdale) were designated ‘‘serious’’
nonattainment for the 1-hour ozone
NAAQS (hereafter referred to as the
‘‘Atlanta 1-Hour Area’’). 56 FR 56694.
The original attainment date for the
Atlanta 1-Hour Area to attain the 1-hour
ozone NAAQS was no later than
November 15, 1999. However, the
Atlanta 1-Hour Area did not attain the
1-hour ozone NAAQS by that time.
Because Atlanta failed to attain the
1-hour ozone NAAQS by November 15,
1999, EPA issued a final rulemaking
action on September 26, 2003 (68 FR
55469) determining that, by operation of
law, the Atlanta 1-Hour Area was being
reclassified as a severe ozone
nonattainment area effective January 1,
1 While this section focuses on the ozone status
for the Atlanta Area, EPA considered the Atlanta
Area’s status with regard to the other NAAQS in
evaluating this revision.
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2004. Subsequently, effective June 14,
2005, the Atlanta 1-Hour Area was
redesignated to attainment for the
1-hour ozone NAAQS. 70 FR 34660.
Before being redesignated to
attainment for the 1-hour ozone NAAQS
however, effective June 15, 2004, the
original 13 counties, and an additional
7 surrounding counties (Bartow,
Barrow, Carroll, Hall, Newton, Spalding,
and Walton),2 were designated as a
‘‘marginal’’ ozone nonattainment for the
1997 8-hour ozone NAAQS (hereafter
referred to as the ‘‘Atlanta 1997 8-Hour
Ozone Area’’). 69 FR 23858. The Atlanta
1997 8-Hour Ozone Area was initially
classified ‘‘marginal’’ based on a design
value of 0.091 parts per million (ppm)
with an attainment date of June 15,
2007. The Atlanta 1997 8-Hour Ozone
Area failed to attain the 1997 8-hour
ozone NAAQS by the June 15, 2007,
deadline. Subsequently, on March 6,
2008, the Atlanta 1997 8-Hour Ozone
Area was reclassified from a ‘‘marginal’’
to ‘‘moderate’’ 8-hour ozone
nonattainment area. The Atlanta 1997
8-Hour Ozone Area remains designated
as moderate ozone nonattainment area,
and has a 2007–2009 design value of
0.087 ppm.3
Effective May 27, 2008, EPA
strengthened the 8-hour ozone NAAQS
by revising it to 0.075 ppm. 73 FR
16436. Consistent with a directive of the
new Administration regarding the
review of new and pending regulations,
the Administrator reviewed a number of
actions that were taken by the previous
Administration. 74 FR 4435. The 2008
8-hour ozone NAAQS final rule was
included in this review. Based on EPA’s
reconsideration, on January 19, 2010,
EPA proposed to set different primary
and secondary ozone NAAQS than
those set in 2008, to provide requisite
protection of public health and welfare,
respectively. 75 FR 2938. Initially, EPA
expected these NAAQS to become final
by August 31, 2010, but now expects
them to be finalized later in 2010.
Today’s rulemaking does not address
requirements for the revised or
reconsidered 2008 or proposed 2010
8-hour ozone NAAQS.
2 The 20 county area designated nonattainment
for the 1997 8-hour ozone NAAQS consists of
Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas,
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding
and Rockdale, Bartow, Barrow, Carroll, Hall,
Newton, Spalding, and Walton—will be referred to
as the ‘‘Atlanta 1997 8-Hour Ozone Area’’
throughout this rulemaking.
3 The primary and secondary ozone ambient air
quality standards (for the 1997 8-hour ozone
NAAQS) are met at an ambient air quality
monitoring site when the 3-year average of the
annual fourth-highest daily maximum 8-hour
average ozone concentration is less than or equal to
0.08 ppm. See 40 CFR part 50, Appendix I.
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II. CAA and Georgia SIP Provisions
A. Gasoline Vapor Recovery Provisions
Georgia’s Stage II gasoline vapor
recovery rule prohibits any person from
constructing or reconstructing a gasoline
dispensing facility unless the ‘‘facility is
equipped and operating with a vapor
recovery system to recover the
displacement vapors from the vehicle’s
gasoline storage tank.’’ Rule 391–3–1–
.02(2)(zz)(1). The vapor recovery system
must have a demonstrated 95 percent by
weight or greater volatile organic
compound (VOC) control efficiency, as
demonstrated by California Air
Resources Board (CARB), or equivalent
test procedures and methods. Rule 391–
3–1–.02(2)(zz)(3).
Today’s action approves revisions to
Georgia’s Stage II gasoline vapor
recovery rule at 391–3–1–.02(2)(zz).
This rule was initially developed by the
State of Georgia, and submitted to EPA
for approval to comply with Section 182
of the CAA. Section 182(b)(3) of the
CAA calls for States with ‘‘moderate’’
ozone nonattainment areas to submit
revisions to their SIPs requiring all
owners or operators of gasoline
dispensing systems to install and
operate a system for gasoline vapor
recover of emissions from the fueling of
motor vehicles. 42 U.S.C. 7511a(b)(3).
Sections 182(c), 182(d) and 182(e) of the
CAA apply this requirement to States
with ‘‘serious,’’ ‘‘severe’’ and ‘‘extreme’’
ozone nonattainment areas as well. 42
U.S.C. § 7511a(c), (d), and (e).
Accordingly, as a serious ozone
nonattainment area, Georgia submitted
its initial Stage II gasoline vapor
recovery rule at 391–3–1–.02(2)(zz) on
November 13, 1992, to EPA for initial
approval. EPA approved Georgia’s
gasoline vapor rule into the Georgia SIP
on February 2, 1996. 61 FR 3819.
B. CAA Onboard Refueling Vapor
Recovery (ORVR) Provisions
Generally speaking, the scheme set up
by the CAA anticipates that ORVR may
replace Stage II systems. VOC
emissions, which are precursors of
ozone, are emitted by fueling vehicles
but these emissions are mitigated by
both Stage II vapor recovery systems
and by use of vehicles equipped with
ORVR. Both ORVR and Stage II systems
operate to control VOC emissions
during motor vehicle fueling. Stage II
vapor recovery systems are installed at
the gasoline dispensing facility, while
ORVR is installed within the motor
vehicle itself.
The Stage II vapor recovery provisions
of CAA section 182(b)(3) ‘‘shall not
apply’’ to ‘‘moderate’’ ozone
nonattainment areas after EPA
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promulgates ORVR standards. 42 U.S.C.
7521(a)(6). According to 40 CFR
51.905(a)(1)(i), Atlanta remains subject
to the obligation to implement the
applicable requirements as defined in
51.900(f) which include Stage II Vapor
Recovery (51.900(f)(5)), except as
provided in 40 CFR 51.905(b). 40 CFR
51.905(b) requires that a State remain
subject to Stage II Vapor Recovery (and
other 51.900(f) requirements) until the
area attains the 8-hour NAAQS. After
the area attains the 8-hour NAAQS, the
State may request such obligations be
shifted to contingency measures,
consistent with sections 110(l) and 193
of the CAA; however, the State cannot
remove the obligations from the SIP. As
stated earlier, since Georgia is not
‘‘removing the obligation’’ but is instead
revising the Stage II requirements for a
certain portion of the fleet, as explained
in this direct final rule, this revision is
consistent with 40 CFR 51.905(a)(1)(i).
On April 6, 1994, EPA issued final
regulations requiring the phase-in of
ORVR emissions control systems on
new motor vehicles, requiring a
minimum of 95 percent evaporative
emission capture efficiency. 59 FR
16262. For ozone nonattainment areas
classified as ‘‘serious’’ or above, the CAA
allows EPA to revise or waive the
Section 182(b)(3) Stage II gasoline vapor
recovery rules, after determining ORVR
emissions control systems are in
widespread use throughout the motor
vehicle fleet. 42 U.S.C. § 7521(a)(6). This
determination of widespread use has
not yet been made for the entire fleet;
however, EPA has issued a guidance on
December 12, 2006, entitled Removal of
Stage II Vapor Recovery in Situations
Where Widespread Use of Onboard
Refueling Vapor Recovery is
Demonstrated. More discussion on how
this guidance relates to today’s action
can be found in section II.B.3 of this
rulemaking. While this action is
supported by EPA’s policies regarding
ORVR, the revision must also meet the
requirements of CAA section 110(l). See
below for more information on CAA
section 110(1) and its relation to
Georgia’s SIP revision.
C. CAA Section 110(l)
EPA’s primary consideration for
determining the approvability of
Georgia’s request is whether this
requested action complies with section
110(l) of the CAA which states:
Plan Revision—Each revision to an
implementation plan submitted by a State
under this chapter shall be adapted by such
State after reasonable notice and public
hearing. The Administrator shall not approve
a revision of a plan if the revision would
interfere with any applicable requirement
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concerning attainment and reasonable further
progress (as defined in section 7501 of this
title), or any other applicable requirement of
this chapter.
Thus, while ‘‘moderate’’ ozone
nonattainment areas are not required to
implement Stage II vapor recovery
programs after promulgation of ORVR
standards, if these areas already have
Stage II vapor recovery programs in the
SIPs, such programs cannot be revised
or removed unless the revision or
removal of such program from the SIP
would not interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement under the CAA.
42 U.S.C. 7410(l). EPA’s March 9, 1993,
memorandum entitled Impact of the
Recent Onboard Decision on Stage II
Requirements in Moderate
Nonattainment Areas, states ‘‘When
onboard rules are promulgated, a State
may withdraw its stage II rules for
moderate areas from the SIP (or from
consideration as a SIP revision)
consistent with its obligation under
sections 182(b)(3) and 202(a)(6), so long
as withdrawal will not interfere with
any other applicable requirement of the
Act.’’ While Georgia’s SIP revisions do
not remove Stage II requirements for the
Atlanta ozone moderate area, it does
revise the Stage II requirements for a
certain portion of the fleet.
III. Analysis of Georgia’s SIP Revisions
On September 26, 2006, GA EPD
submitted a proposed SIP revision to
EPA for approval into the Georgia SIP.
A clarifying revision was submitted on
November 6, 2006. The first change
being proposed for approval today is to
Georgia Air Quality Rule 391–3–1–
.02(2)(zz)3(i)(1). If certain conditions are
met, this change will allow certification
of Stage II equipment using certification
procedures other than the CARB
procedures, as previously required.
Today, EPA is also taking action to
approve the component of the
September 26, 2006, submittal (as
clarified in the November 6, 2006,
submittal) that modifies Georgia Air
Quality Rule, Chapter 391–3–1–.02,
paragraph (2) ‘‘Emission Limitations and
Standards,’’ subparagraph (zz) ‘‘Gasoline
Dispensing Facilities—Stage II.’’ As
explained above, this rule was initially
approved by EPA into the Georgia SIP
on February 2, 1996, and requires
owners or operators of gasoline
dispensing systems to install and
operate Stage II gasoline vapor recovery
systems to recover the vapors from the
fueling of motor vehicles. The current
Georgia Air Quality Rule at 391–3–1–
.02(2)(zz)2, exempts facilities used
exclusively for the re-fueling of vehicles
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equipped with ORVR equipment. This
exemption is being expanded today to
cover initial fueling as well. Now,
facilities used exclusively for the initial
fueling and/or re-fueling of vehicles
equipped with ORVR equipment are
exempt. EPA’s analysis of these two
changes is discussed below.
A. Federal Requirements for Stage II
As previously mentioned in this
rulemaking, States were required to
adopt Stage II rules for all areas
classified as ‘‘moderate’’ or worse under
section 182(b)(3) of the CAA. However,
section 202(a)(6) of the CAA states that
‘‘the requirements of section 182(b)(3)
(relating to Stage II gasoline vapor
recovery) for areas classified under
section 181 as moderate for ozone shall
not apply after promulgation of such
standards.’’ ORVR regulations were
issued by EPA on April 6, 1994. See 59
FR 16262, 40 CFR 86.001 and 40 CFR
86.098). As a result, the CAA no longer
requires moderate areas to impose Stage
II controls under section 182(b)(3), and
such areas may seek SIP revisions to
remove such requirements from their
SIP, subject to section 110(l) of the Act.
B. Section 110(l) Noninterference
Demonstration
Under CAA section 110(l), Stage II
vapor recovery programs cannot be
revised or removed unless it is
demonstrated that revision or removal
of such program from the SIP would not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement under the CAA.
42 U.S.C. 7410(l). While Georgia’s
September 26, 2006, and November 6,
2006, SIP revisions are not requesting
the withdrawal of its Stage II rule for the
Atlanta Area, these SIP revisions are
requesting revisions to Georgia’s Stage II
requirements, and thus these revisions
must be shown to satisfy 110(l) of the
CAA.
1. CAA Section 110(l) Demonstration for
Revision to Georgia Air Quality Rule
391–3–1–.02(2)(zz)(3)—CARB
Georgia’s September 26, 2006,
revision changes Georgia Air Quality
Rule 391–3–1–.02(2)(zz)(3) to allow
mixing of equipment components under
separate, non-CARB certification
procedures when supported by the
manufacturer or independent thirdparty certification that the configuration
meets or exceeds the applicable
performance standards and has received
prior written approval by GA EPD. The
State has requested the rule change to
allow the maintenance of existing Stage
II systems with certified components by
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a third party other than CARB. This
change is needed because the CARB
discontinued its certification of Stage II
components upon implementation of a
new vapor recovery system in
California. Many components of
California’s new vapor recovery system
are not compatible with Stage II
systems. Stage II components that need
replacing may not be able to be replaced
with components from California’s new
vapor recovery system. Since CARB
discontinued certification of Stage II
components, it takes a third party or
manufacturer to test and verify Stage II
systems. This rule change will enable
existing Stage II systems in Georgia to be
maintained and have components
replaced as needed, without having to
convert the entire systems from Stage II
to California’s new vapor recovery
system. The change requires Stage II
components to continue to be certified,
but allows certification through a third
party, or through the manufacturer,
upon prior written approval by GA EPD.
This rule change is approvable because
it merely allows for third party
certification other than CARB and no
emissions changes are expected to result
from this revision.
3. EPA Guidance on Widespread ORVR
Use
These revisions are consistent with
EPA guidance set forth in a December
12, 2006 memorandum from Stephen D.
Page entitled Removal of Stage II Vapor
Recovery in Situations Where
Widespread Use of Onboard Refueling
Vapor Recovery is Demonstrated (Page
Memorandum). In relevant part, the
Page Memorandum states that if a SIP
revision demonstrates that 95 percent of
the new vehicles fueled at an
automobile assembly plant are equipped
with ORVR, and that this level of ORVR
use would not decrease, then EPA can
determine that widespread use of ORVR
has been achieved for the fleet of motor
vehicles that are fueled at that facility.
Page Memorandum, page 2. The
December 12, 2006, memorandum also
explains that ‘‘any EPA SIP approval
would also be subject to the CAA
section 110(l) requirement that the
revision not interfere with any
applicable requirement concerning
attainment and reasonable further
progress, or any other requirement of
the CAA.’’ December 12, 2006,
memorandum, page 3. As explained
above, for ozone nonattainment areas
‘‘worse’’ than ‘‘moderate,’’ the CAA
2. CAA Section 110(l) Demonstration for
allows EPA to revise or waive the
Revision to Georgia Air Quality Rule
Section 182(b)(3) Stage II gasoline vapor
391–3–1–.02(2)(zz)(1)—Initial Fueling of
recovery rules, after determining ORVR
Vehicles With ORVR
emissions control systems are in
widespread use throughout the motor
The revisions being approved today
vehicle fleet. 42 U.S.C. 7521(a)(6).
exclude from Georgia’s Stage II vapor
Georgia revised its Stage II vapor
recovery program the initial fueling of
recovery rules to exclude initial fueling
vehicles equipped with ORVR, stating
of motor vehicles equipped with ORVR.
‘‘[t]he requirements of this subsection
Under Georgia’s changes, the only
shall not apply to facilities * * * used
exclusively for the initial fueling and/or vehicles excluded from Stage II vapor
recovery rules are vehicles equipped
re-fueling of vehicles equipped with
with ORVR. Because 100 percent of the
onboard refueling vapor recovery
(ORVR) equipment.’’ Georgia Air Quality vehicles subject to Georgia’s rule
changes, the criteria for widespread use
Rule 391–3–1–.02(2)(zz)(1) (underlined
for this fleet of vehicles is achieved.
text is being added to current rule).
Georgia’s rule changes for Stage II are
Georgia has confirmed that 100 percent
consistent with the CAA, implementing
of vehicles contemplated by their rule
regulations, guidance, including the
for initial refueling would be equipped
Page Memorandum, and EPA’s action in
with ORVR.
other similar situations. See 74 FR
This SIP revision is approvable
26103 (approving removal of Stage II
because all the vehicles whose initial
vapor control requirements for new and
fueling is being excluded from Stage II
upgraded gasoline dispensing facilities
vapor recovery rules are equipped with
in southeast Florida area); and 71 FR
ORVR, an equivalent vapor recovery
52464 (approving removal of Stage II
system. Both Stage II and ORVR systems vapor recovery systems at Ford’s
must demonstrate a 95 percent or
Chicago Assembly Plant).
greater VOC control efficiency; thus,
there will be no increase in emissions as IV. Final Action
a result of these SIP revisions.
EPA is taking direct final action to
approve into the Georgia SIP, the
Therefore, these revisions will not
aforementioned revisions to Georgia’s
interfere with any applicable
requirement concerning attainment and Stage II vapor recovery rule at 391–3–1–
reasonable further progress or any other .02(2)(zz), submitted by GA EPD on
September 26, 2006, and November 6,
applicable requirement under the CAA.
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2006. Today’s revisions exclude initial
fueling of motor vehicles equipped with
ORVR from the Stage II vapor recovery
rules; and allows mixing of Stage II
equipment components under separate,
non-CARB certification procedures
when supported by the manufacturer or
independent third-party certification
that the configuration meets or exceeds
the applicable performance standards
and has received prior written approval
by GA EPD. These revisions are
consistent with EPA guidance and the
CAA.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
comments. However, in the proposed
rules section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the SIP revision
should adverse comments be filed. This
rule will be effective January 31, 2011
without further notice unless the
Agency receives adverse comments by
January 3, 2011.
If EPA receives such comments, then
EPA will publish a document
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. EPA will not institute a
second comment period. Parties
interested in commenting should do so
at this time. If no such comments are
received, the public is advised that this
rule will be effective on January 31,
2011 and no further action will be taken
on the proposed rule.
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
Act and applicable Federal regulations.
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 proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
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Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations
• 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);
• 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; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the State, and EPA notes that
it will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
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 January 31, 2011. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Nitrogen
dioxide, Particulate matter, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: November 10, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
■
40 CFR part 52 is amended as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. Section 52.570(c) is amended by
revising the entry for ‘‘391–3–1–
.02(2)(zz)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED GEORGIA REGULATIONS
State
effective
date
State citation
Title/Subject
*
391–3–1–.02(2)(zz) ....
*
*
Gasoline Dispensing Facility—Stage II.
*
*
*
*
*
*
1/9/05
EPA approval date
*
*
*
*
12/1/10 [Insert citation of Exemption for initial fueling of vehicles equipped
publication].
with ORVR from Stage II requirements; allowing
mixing of Stage II components when supported
by third party certification and prior written approval of GA EPD.
*
*
[FR Doc. 2010–30119 Filed 11–30–10; 8:45 am]
Explanation
*
*
ENVIRONMENTAL PROTECTION
AGENCY
WReier-Aviles on DSKGBLS3C1PROD with RULES
BILLING CODE 6560–50–P
40 CFR Part 180
[EPA–HQ–OPP–2008–0095; FRL–8851–6]
Tristyrylphenol Ethoxylates;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
AGENCY:
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*
ACTION:
*
Final rule.
This regulation establishes an
exemption from the requirement of a
tolerance for residues of poly (oxy-1,2ethanediyl), a-[tris(1phenylethyl)phenyl]-w-hydroxy-, (CAS
Reg. No. 99734–09–5), here in referred
to as tristyrylphenol ethoxylate, when
used as an inert ingredient post-harvest
as a surfactant under 40 CFR 180.910
with a maximum of 15 percent by
SUMMARY:
E:\FR\FM\01DER1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74624-74628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30119]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2007-0113-201016(a); FRL-9234-4]
Approval and Promulgation of Implementation Plans; Georgia: Stage
II Vapor Recovery
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve revisions to the
Georgia State Implementation Plan (SIP), submitted by the Georgia
Environmental Protection Division (GA EPD) on September 26, 2006, with
a clarifying revision submitted on November 6, 2006. The September 26,
2006, submittal includes multiple modifications to Georgia's Air
Quality Rules found at Chapter 391-3-1. Previously, EPA took action on
the majority of the September 26, 2006, submittal in an action
published in the Federal Register on February 9, 2010. In today's
action, EPA is addressing only the portion of the September 26, 2006,
submittal that relates to revisions to Georgia's Stage II gasoline
vapor recovery rule at 391-3-1-.02(zz). These revisions are part of
Georgia's strategy to meet the national ambient air quality standards
(NAAQS). EPA has determined that these revisions are consistent with
the December 12, 2006, EPA memorandum from Stephen D. Page entitled
Removal of Stage II Vapor Recovery in Situations Where Widespread Use
of Onboard Refueling Vapor Recovery is Demonstrated. EPA is approving
Georgia's SIP revisions pursuant to section 110 of the Clean Air Act
(CAA or Act).
DATES: This direct final rule is effective January 31, 2011 without
further notice, unless EPA receives adverse comment by January 3, 2011.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2007-0113,'' by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404-562-9019.
4. Mail: ``EPA-R04-OAR-2007-0113,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal
holidays.
Instructions: Direct your comments to Docket ID Number, ``EPA-R04-
OAR-2007-0113.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Do not submit through https://www.regulations.gov or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov Web site is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in https://www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
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 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jane Spann, Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. The telephone number is (404)
562-9029. Ms. Spann can also be reached via electronic mail at
spann.jane@epa.gov.
Table of Contents
I. Background
II. CAA and Georgia SIP Provisions
III. Analysis of Georgia's SIP Revisions
IV. Final Action
V. Statutory and Executive Order Reviews
SUPPLEMENTARY INFORMATION:
I. Background
A. Georgia's Submittals
On September 26, 2006, with a clarifying revision submitted on
November 6, 2006, GA EPD submitted proposed SIP revisions to EPA for
review and approval into the Georgia SIP. The September 26, 2006,
submittal
[[Page 74625]]
included multiple modifications to Georgia's Air Quality Rules found at
Chapter 391-3-1. Previously, EPA took action on the majority of the
September 26, 2006, submittal in an action published in the Federal
Register on February 9, 2010, which approved revisions to rules 391-3-
1-.01(llll), 391-3-1-.01(nnnn), 391-3-1-.-02(2)(d), 391-3-1-.02(2)(tt),
391-3-1-.02(2)(yy), 391-3-1-.02(2)(rrr), 391-3-1-.02(4), 391-3-
1-.02(5), 391-3-1-.03(6)(b), 391-3-1-.03(6)(j), 391-3-1-.03(11)(b)3(i),
391-3-1-.03(11)(b)5(i), and 391-3-1-.05. 75 FR 6309. In today's action,
EPA is approving only the portion of the September 26, 2006, submittal
(as clarified in a November 6, 2006, submittal) that relates to
revisions to Georgia's Stage II gasoline vapor recovery rule at 391-3-
1-.02(2)(zz).
Action on the remaining portions of the September 26, 2006, SIP
revision is still under consideration, and will be addressed in
separate actions. EPA is not acting on revisions to rules 391-3-
1-.01(qqqq), 391-3-1-.02(2)(mmm), 391-3-1-.02(6)(a), 391-3-1-.03(6)(g),
and 391-3-1-.03(6)(i) at this time. EPA is also not taking action on
revisions to rule 391-3-1-02(2)(ooo), as Georgia has submitted a
revised version of this rule. Additionally, EPA is not acting on
revisions to rules 391-3-1-.02(ppp), 391-3-1-.02(8)(a), 391-3-1-.02(9),
391-3-1-.03(9), 391-3-1-.03(10)(b)2, 391-3-1-.03(10)(e)(6), and 391-3-
1-.03(10)(g)2, as they are not part of the Federally-approved SIP.
B. Atlanta Area Ozone NAAQS Status \1\
---------------------------------------------------------------------------
\1\ While this section focuses on the ozone status for the
Atlanta Area, EPA considered the Atlanta Area's status with regard
to the other NAAQS in evaluating this revision.
---------------------------------------------------------------------------
Effective January 6, 1992, 13 counties in and around Atlanta,
Georgia (Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry, Paulding and Rockdale) were
designated ``serious'' nonattainment for the 1-hour ozone NAAQS
(hereafter referred to as the ``Atlanta 1-Hour Area''). 56 FR 56694.
The original attainment date for the Atlanta 1-Hour Area to attain the
1-hour ozone NAAQS was no later than November 15, 1999. However, the
Atlanta 1-Hour Area did not attain the 1-hour ozone NAAQS by that time.
Because Atlanta failed to attain the 1-hour ozone NAAQS by November 15,
1999, EPA issued a final rulemaking action on September 26, 2003 (68 FR
55469) determining that, by operation of law, the Atlanta 1-Hour Area
was being reclassified as a severe ozone nonattainment area effective
January 1, 2004. Subsequently, effective June 14, 2005, the Atlanta 1-
Hour Area was redesignated to attainment for the 1-hour ozone NAAQS. 70
FR 34660.
Before being redesignated to attainment for the 1-hour ozone NAAQS
however, effective June 15, 2004, the original 13 counties, and an
additional 7 surrounding counties (Bartow, Barrow, Carroll, Hall,
Newton, Spalding, and Walton),\2\ were designated as a ``marginal''
ozone nonattainment for the 1997 8-hour ozone NAAQS (hereafter referred
to as the ``Atlanta 1997 8-Hour Ozone Area''). 69 FR 23858. The Atlanta
1997 8-Hour Ozone Area was initially classified ``marginal'' based on a
design value of 0.091 parts per million (ppm) with an attainment date
of June 15, 2007. The Atlanta 1997 8-Hour Ozone Area failed to attain
the 1997 8-hour ozone NAAQS by the June 15, 2007, deadline.
Subsequently, on March 6, 2008, the Atlanta 1997 8-Hour Ozone Area was
reclassified from a ``marginal'' to ``moderate'' 8-hour ozone
nonattainment area. The Atlanta 1997 8-Hour Ozone Area remains
designated as moderate ozone nonattainment area, and has a 2007-2009
design value of 0.087 ppm.\3\
---------------------------------------------------------------------------
\2\ The 20 county area designated nonattainment for the 1997 8-
hour ozone NAAQS consists of Cherokee, Clayton, Cobb, Coweta,
Dekalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding
and Rockdale, Bartow, Barrow, Carroll, Hall, Newton, Spalding, and
Walton--will be referred to as the ``Atlanta 1997 8-Hour Ozone
Area'' throughout this rulemaking.
\3\ The primary and secondary ozone ambient air quality
standards (for the 1997 8-hour ozone NAAQS) are met at an ambient
air quality monitoring site when the 3-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is
less than or equal to 0.08 ppm. See 40 CFR part 50, Appendix I.
---------------------------------------------------------------------------
Effective May 27, 2008, EPA strengthened the 8-hour ozone NAAQS by
revising it to 0.075 ppm. 73 FR 16436. Consistent with a directive of
the new Administration regarding the review of new and pending
regulations, the Administrator reviewed a number of actions that were
taken by the previous Administration. 74 FR 4435. The 2008 8-hour ozone
NAAQS final rule was included in this review. Based on EPA's
reconsideration, on January 19, 2010, EPA proposed to set different
primary and secondary ozone NAAQS than those set in 2008, to provide
requisite protection of public health and welfare, respectively. 75 FR
2938. Initially, EPA expected these NAAQS to become final by August 31,
2010, but now expects them to be finalized later in 2010. Today's
rulemaking does not address requirements for the revised or
reconsidered 2008 or proposed 2010 8-hour ozone NAAQS.
II. CAA and Georgia SIP Provisions
A. Gasoline Vapor Recovery Provisions
Georgia's Stage II gasoline vapor recovery rule prohibits any
person from constructing or reconstructing a gasoline dispensing
facility unless the ``facility is equipped and operating with a vapor
recovery system to recover the displacement vapors from the vehicle's
gasoline storage tank.'' Rule 391-3-1-.02(2)(zz)(1). The vapor recovery
system must have a demonstrated 95 percent by weight or greater
volatile organic compound (VOC) control efficiency, as demonstrated by
California Air Resources Board (CARB), or equivalent test procedures
and methods. Rule 391-3-1-.02(2)(zz)(3).
Today's action approves revisions to Georgia's Stage II gasoline
vapor recovery rule at 391-3-1-.02(2)(zz). This rule was initially
developed by the State of Georgia, and submitted to EPA for approval to
comply with Section 182 of the CAA. Section 182(b)(3) of the CAA calls
for States with ``moderate'' ozone nonattainment areas to submit
revisions to their SIPs requiring all owners or operators of gasoline
dispensing systems to install and operate a system for gasoline vapor
recover of emissions from the fueling of motor vehicles. 42 U.S.C.
7511a(b)(3). Sections 182(c), 182(d) and 182(e) of the CAA apply this
requirement to States with ``serious,'' ``severe'' and ``extreme''
ozone nonattainment areas as well. 42 U.S.C. Sec. 7511a(c), (d), and
(e). Accordingly, as a serious ozone nonattainment area, Georgia
submitted its initial Stage II gasoline vapor recovery rule at 391-3-
1-.02(2)(zz) on November 13, 1992, to EPA for initial approval. EPA
approved Georgia's gasoline vapor rule into the Georgia SIP on February
2, 1996. 61 FR 3819.
B. CAA Onboard Refueling Vapor Recovery (ORVR) Provisions
Generally speaking, the scheme set up by the CAA anticipates that
ORVR may replace Stage II systems. VOC emissions, which are precursors
of ozone, are emitted by fueling vehicles but these emissions are
mitigated by both Stage II vapor recovery systems and by use of
vehicles equipped with ORVR. Both ORVR and Stage II systems operate to
control VOC emissions during motor vehicle fueling. Stage II vapor
recovery systems are installed at the gasoline dispensing facility,
while ORVR is installed within the motor vehicle itself.
The Stage II vapor recovery provisions of CAA section 182(b)(3)
``shall not apply'' to ``moderate'' ozone nonattainment areas after EPA
[[Page 74626]]
promulgates ORVR standards. 42 U.S.C. 7521(a)(6). According to 40 CFR
51.905(a)(1)(i), Atlanta remains subject to the obligation to implement
the applicable requirements as defined in 51.900(f) which include Stage
II Vapor Recovery (51.900(f)(5)), except as provided in 40 CFR
51.905(b). 40 CFR 51.905(b) requires that a State remain subject to
Stage II Vapor Recovery (and other 51.900(f) requirements) until the
area attains the 8-hour NAAQS. After the area attains the 8-hour NAAQS,
the State may request such obligations be shifted to contingency
measures, consistent with sections 110(l) and 193 of the CAA; however,
the State cannot remove the obligations from the SIP. As stated
earlier, since Georgia is not ``removing the obligation'' but is
instead revising the Stage II requirements for a certain portion of the
fleet, as explained in this direct final rule, this revision is
consistent with 40 CFR 51.905(a)(1)(i).
On April 6, 1994, EPA issued final regulations requiring the phase-
in of ORVR emissions control systems on new motor vehicles, requiring a
minimum of 95 percent evaporative emission capture efficiency. 59 FR
16262. For ozone nonattainment areas classified as ``serious'' or
above, the CAA allows EPA to revise or waive the Section 182(b)(3)
Stage II gasoline vapor recovery rules, after determining ORVR
emissions control systems are in widespread use throughout the motor
vehicle fleet. 42 U.S.C. Sec. 7521(a)(6). This determination of
widespread use has not yet been made for the entire fleet; however, EPA
has issued a guidance on December 12, 2006, entitled Removal of Stage
II Vapor Recovery in Situations Where Widespread Use of Onboard
Refueling Vapor Recovery is Demonstrated. More discussion on how this
guidance relates to today's action can be found in section II.B.3 of
this rulemaking. While this action is supported by EPA's policies
regarding ORVR, the revision must also meet the requirements of CAA
section 110(l). See below for more information on CAA section 110(1)
and its relation to Georgia's SIP revision.
C. CAA Section 110(l)
EPA's primary consideration for determining the approvability of
Georgia's request is whether this requested action complies with
section 110(l) of the CAA which states:
Plan Revision--Each revision to an implementation plan submitted
by a State under this chapter shall be adapted by such State after
reasonable notice and public hearing. The Administrator shall not
approve a revision of a plan if the revision would interfere with
any applicable requirement concerning attainment and reasonable
further progress (as defined in section 7501 of this title), or any
other applicable requirement of this chapter.
Thus, while ``moderate'' ozone nonattainment areas are not required to
implement Stage II vapor recovery programs after promulgation of ORVR
standards, if these areas already have Stage II vapor recovery programs
in the SIPs, such programs cannot be revised or removed unless the
revision or removal of such program from the SIP would not interfere
with any applicable requirement concerning attainment and reasonable
further progress or any other applicable requirement under the CAA. 42
U.S.C. 7410(l). EPA's March 9, 1993, memorandum entitled Impact of the
Recent Onboard Decision on Stage II Requirements in Moderate
Nonattainment Areas, states ``When onboard rules are promulgated, a
State may withdraw its stage II rules for moderate areas from the SIP
(or from consideration as a SIP revision) consistent with its
obligation under sections 182(b)(3) and 202(a)(6), so long as
withdrawal will not interfere with any other applicable requirement of
the Act.'' While Georgia's SIP revisions do not remove Stage II
requirements for the Atlanta ozone moderate area, it does revise the
Stage II requirements for a certain portion of the fleet.
III. Analysis of Georgia's SIP Revisions
On September 26, 2006, GA EPD submitted a proposed SIP revision to
EPA for approval into the Georgia SIP. A clarifying revision was
submitted on November 6, 2006. The first change being proposed for
approval today is to Georgia Air Quality Rule 391-3-
1-.02(2)(zz)3(i)(1). If certain conditions are met, this change will
allow certification of Stage II equipment using certification
procedures other than the CARB procedures, as previously required.
Today, EPA is also taking action to approve the component of the
September 26, 2006, submittal (as clarified in the November 6, 2006,
submittal) that modifies Georgia Air Quality Rule, Chapter 391-3-1-.02,
paragraph (2) ``Emission Limitations and Standards,'' subparagraph (zz)
``Gasoline Dispensing Facilities--Stage II.'' As explained above, this
rule was initially approved by EPA into the Georgia SIP on February 2,
1996, and requires owners or operators of gasoline dispensing systems
to install and operate Stage II gasoline vapor recovery systems to
recover the vapors from the fueling of motor vehicles. The current
Georgia Air Quality Rule at 391-3-1-.02(2)(zz)2, exempts facilities
used exclusively for the re-fueling of vehicles equipped with ORVR
equipment. This exemption is being expanded today to cover initial
fueling as well. Now, facilities used exclusively for the initial
fueling and/or re-fueling of vehicles equipped with ORVR equipment are
exempt. EPA's analysis of these two changes is discussed below.
A. Federal Requirements for Stage II
As previously mentioned in this rulemaking, States were required to
adopt Stage II rules for all areas classified as ``moderate'' or worse
under section 182(b)(3) of the CAA. However, section 202(a)(6) of the
CAA states that ``the requirements of section 182(b)(3) (relating to
Stage II gasoline vapor recovery) for areas classified under section
181 as moderate for ozone shall not apply after promulgation of such
standards.'' ORVR regulations were issued by EPA on April 6, 1994. See
59 FR 16262, 40 CFR 86.001 and 40 CFR 86.098). As a result, the CAA no
longer requires moderate areas to impose Stage II controls under
section 182(b)(3), and such areas may seek SIP revisions to remove such
requirements from their SIP, subject to section 110(l) of the Act.
B. Section 110(l) Noninterference Demonstration
Under CAA section 110(l), Stage II vapor recovery programs cannot
be revised or removed unless it is demonstrated that revision or
removal of such program from the SIP would not interfere with any
applicable requirement concerning attainment and reasonable further
progress or any other applicable requirement under the CAA. 42 U.S.C.
7410(l). While Georgia's September 26, 2006, and November 6, 2006, SIP
revisions are not requesting the withdrawal of its Stage II rule for
the Atlanta Area, these SIP revisions are requesting revisions to
Georgia's Stage II requirements, and thus these revisions must be shown
to satisfy 110(l) of the CAA.
1. CAA Section 110(l) Demonstration for Revision to Georgia Air Quality
Rule 391-3-1-.02(2)(zz)(3)--CARB
Georgia's September 26, 2006, revision changes Georgia Air Quality
Rule 391-3-1-.02(2)(zz)(3) to allow mixing of equipment components
under separate, non-CARB certification procedures when supported by the
manufacturer or independent third-party certification that the
configuration meets or exceeds the applicable performance standards and
has received prior written approval by GA EPD. The State has requested
the rule change to allow the maintenance of existing Stage II systems
with certified components by
[[Page 74627]]
a third party other than CARB. This change is needed because the CARB
discontinued its certification of Stage II components upon
implementation of a new vapor recovery system in California. Many
components of California's new vapor recovery system are not compatible
with Stage II systems. Stage II components that need replacing may not
be able to be replaced with components from California's new vapor
recovery system. Since CARB discontinued certification of Stage II
components, it takes a third party or manufacturer to test and verify
Stage II systems. This rule change will enable existing Stage II
systems in Georgia to be maintained and have components replaced as
needed, without having to convert the entire systems from Stage II to
California's new vapor recovery system. The change requires Stage II
components to continue to be certified, but allows certification
through a third party, or through the manufacturer, upon prior written
approval by GA EPD. This rule change is approvable because it merely
allows for third party certification other than CARB and no emissions
changes are expected to result from this revision.
2. CAA Section 110(l) Demonstration for Revision to Georgia Air Quality
Rule 391-3-1-.02(2)(zz)(1)--Initial Fueling of Vehicles With ORVR
The revisions being approved today exclude from Georgia's Stage II
vapor recovery program the initial fueling of vehicles equipped with
ORVR, stating ``[t]he requirements of this subsection shall not apply
to facilities * * * used exclusively for the initial fueling and/or re-
fueling of vehicles equipped with onboard refueling vapor recovery
(ORVR) equipment.'' Georgia Air Quality Rule 391-3-1-.02(2)(zz)(1)
(underlined text is being added to current rule). Georgia has confirmed
that 100 percent of vehicles contemplated by their rule for initial
refueling would be equipped with ORVR.
This SIP revision is approvable because all the vehicles whose
initial fueling is being excluded from Stage II vapor recovery rules
are equipped with ORVR, an equivalent vapor recovery system. Both Stage
II and ORVR systems must demonstrate a 95 percent or greater VOC
control efficiency; thus, there will be no increase in emissions as a
result of these SIP revisions. Therefore, these revisions will not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement under
the CAA.
3. EPA Guidance on Widespread ORVR Use
These revisions are consistent with EPA guidance set forth in a
December 12, 2006 memorandum from Stephen D. Page entitled Removal of
Stage II Vapor Recovery in Situations Where Widespread Use of Onboard
Refueling Vapor Recovery is Demonstrated (Page Memorandum). In relevant
part, the Page Memorandum states that if a SIP revision demonstrates
that 95 percent of the new vehicles fueled at an automobile assembly
plant are equipped with ORVR, and that this level of ORVR use would not
decrease, then EPA can determine that widespread use of ORVR has been
achieved for the fleet of motor vehicles that are fueled at that
facility. Page Memorandum, page 2. The December 12, 2006, memorandum
also explains that ``any EPA SIP approval would also be subject to the
CAA section 110(l) requirement that the revision not interfere with any
applicable requirement concerning attainment and reasonable further
progress, or any other requirement of the CAA.'' December 12, 2006,
memorandum, page 3. As explained above, for ozone nonattainment areas
``worse'' than ``moderate,'' the CAA allows EPA to revise or waive the
Section 182(b)(3) Stage II gasoline vapor recovery rules, after
determining ORVR emissions control systems are in widespread use
throughout the motor vehicle fleet. 42 U.S.C. 7521(a)(6).
Georgia revised its Stage II vapor recovery rules to exclude
initial fueling of motor vehicles equipped with ORVR. Under Georgia's
changes, the only vehicles excluded from Stage II vapor recovery rules
are vehicles equipped with ORVR. Because 100 percent of the vehicles
subject to Georgia's rule changes, the criteria for widespread use for
this fleet of vehicles is achieved. Georgia's rule changes for Stage II
are consistent with the CAA, implementing regulations, guidance,
including the Page Memorandum, and EPA's action in other similar
situations. See 74 FR 26103 (approving removal of Stage II vapor
control requirements for new and upgraded gasoline dispensing
facilities in southeast Florida area); and 71 FR 52464 (approving
removal of Stage II vapor recovery systems at Ford's Chicago Assembly
Plant).
IV. Final Action
EPA is taking direct final action to approve into the Georgia SIP,
the aforementioned revisions to Georgia's Stage II vapor recovery rule
at 391-3-1-.02(2)(zz), submitted by GA EPD on September 26, 2006, and
November 6, 2006. Today's revisions exclude initial fueling of motor
vehicles equipped with ORVR from the Stage II vapor recovery rules; and
allows mixing of Stage II equipment components under separate, non-CARB
certification procedures when supported by the manufacturer or
independent third-party certification that the configuration meets or
exceeds the applicable performance standards and has received prior
written approval by GA EPD. These revisions are consistent with EPA
guidance and the CAA.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective January 31, 2011
without further notice unless the Agency receives adverse comments by
January 3, 2011.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 31, 2011 and no
further action will be taken on the proposed rule.
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 Act and applicable
Federal regulations. 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 proposed action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
[[Page 74628]]
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);
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; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have Tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the State,
and EPA notes that it will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. 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 January 31, 2011. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Nitrogen
dioxide, Particulate matter, Ozone, Reporting and recordkeeping
requirements, Volatile organic compounds.
Dated: November 10, 2010.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
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. Section 52.570(c) is amended by revising the entry for ``391-3-
1-.02(2)(zz)'' to read as follows:
Sec. 52.570 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
391-3-1-.02(2)(zz).......... Gasoline 1/9/05 12/1/10 [Insert Exemption for initial fueling of
Dispensing citation of vehicles equipped with ORVR
Facility--Stage publication]. from Stage II requirements;
II. allowing mixing of Stage II
components when supported by
third party certification and
prior written approval of GA
EPD.
* * * * * * *
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* * * * *
[FR Doc. 2010-30119 Filed 11-30-10; 8:45 am]
BILLING CODE 6560-50-P
