Air Plan Approval; Georgia;, 50770-50773 [2023-16274]
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
photographs; stationery and office
requisites, except furniture; adhesives
for stationery or household purposes;
drawing materials and materials for
artists; paintbrushes; instructional and
teaching materials; plastic sheets, films
and bags for wrapping and packaging;
printers’ type, printing blocks.
17. Unprocessed and semi-processed
rubber, gutta-percha, gum, asbestos,
mica and substitutes for all these
materials; plastics and resins in
extruded form for use in manufacture;
packing, stopping and insulating
materials; flexible pipes, tubes and
hoses, not of metal.
18. Leather and imitations of leather;
animal skins and hides; luggage and
carrying bags; umbrellas and parasols;
walking sticks; whips, harness and
saddlery; collars, leashes and clothing
for animals.
19. Materials, not of metal, for
building and construction; rigid pipes,
not of metal, for building; asphalt, pitch,
tar and bitumen; transportable
buildings, not of metal; monuments, not
of metal.
20. Furniture, mirrors, picture frames;
containers, not of metal, for storage or
transport; unworked or semi-worked
bone, horn, whalebone or mother-ofpearl; shells; meerschaum; yellow
amber.
21. Household or kitchen utensils and
containers; cookware and tableware,
except forks, knives and spoons; combs
and sponges; brushes, except
paintbrushes; brush-making materials;
articles for cleaning purposes;
unworked or semi-worked glass, except
building glass; glassware, porcelain and
earthenware.
22. Ropes and string; nets; tents and
tarpaulins; awnings of textile or
synthetic materials; sails; sacks for the
transport and storage of materials in
bulk; padding, cushioning and stuffing
materials, except of paper, cardboard,
rubber or plastics; raw fibrous textile
materials and substitutes therefor.
23. Yarns and threads for textile use.
24. Textiles and substitutes for
textiles; household linen; curtains of
textile or plastic.
25. Clothing, footwear, headwear.
26. Lace, braid and embroidery, and
haberdashery ribbons and bows;
buttons, hooks and eyes, pins and
needles; artificial flowers; hair
decorations; false hair.
27. Carpets, rugs, mats and matting,
linoleum and other materials for
covering existing floors; wall hangings,
not of textile.
28. Games, toys and playthings; video
game apparatus; gymnastic and sporting
articles; decorations for Christmas trees.
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29. Meat, fish, poultry and game; meat
extracts; preserved, frozen, dried and
cooked fruits and vegetables; jellies,
jams, compotes; eggs; milk, cheese,
butter, yogurt and other milk products;
oils and fats for food.
30. Coffee, tea, cocoa and substitutes
therefor; rice, pasta and noodles; tapioca
and sago; flour and preparations made
from cereals; bread, pastries and
confectionery; chocolate; ice cream,
sorbets and other edible ices; sugar,
honey, treacle; yeast, baking-powder;
salt, seasonings, spices, preserved herbs;
vinegar, sauces and other condiments;
ice (frozen water).
31. Raw and unprocessed agricultural,
aquacultural, horticultural and forestry
products; raw and unprocessed grains
and seeds; fresh fruits and vegetables,
fresh herbs; natural plants and flowers;
bulbs, seedlings and seeds for planting;
live animals; foodstuffs and beverages
for animals; malt.
32. Beers; non-alcoholic beverages;
mineral and aerated waters; fruit
beverages and fruit juices; syrups and
other preparations for making nonalcoholic beverages.
33. Alcoholic beverages, except beers;
alcoholic preparations for making
beverages.
34. Tobacco and tobacco substitutes;
cigarettes and cigars; electronic
cigarettes and oral vaporizers for
smokers; smokers’ articles; matches.
SERVICES
35. Advertising; business
management, organization and
administration; office functions.
36. Financial, monetary and banking
services; insurance services; real estate
services.
37. Construction services; installation
and repair services; mining extraction,
oil and gas drilling.
38. Telecommunications services.
39. Transport; packaging and storage
of goods; travel arrangement.
40. Treatment of materials; recycling
of waste and trash; air purification and
treatment of water; printing services;
food and drink preservation.
41. Education; providing of training;
entertainment; sporting and cultural
activities.
42. Scientific and technological
services and research and design
relating thereto; industrial analysis,
industrial research and industrial design
services; quality control and
authentication services; design and
development of computer hardware and
software.
43. Services for providing food and
drink; temporary accommodation.
44. Medical services; veterinary
services; hygienic and beauty care for
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human beings or animals; agriculture,
aquaculture, horticulture and forestry
services.
45. Legal services; security services
for the physical protection of tangible
property and individuals; dating
services, online social networking
services; funerary services; babysitting.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–16396 Filed 8–1–23; 8:45 am]
BILLING CODE 3510–16–P
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.
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,
SUMMARY:
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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 sheckler.kelly@
epa.gov.
SUPPLEMENTARY INFORMATION:
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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.
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
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.
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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.
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.
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.
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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
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).
4 The version of subparagraph 391–3–1–
.02(2)(rr)16.(x) remaining in the SIP has a stateeffective 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).
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Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
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, lowincome 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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart L—Georgia
2. In § 52.570, in paragraph (c), amend
table 1 by revising the entry for ‘‘391–
3–1–.02(2)(rr)’’ to read as follows:
■
§ 52.570
*
Identification of plan.
*
*
(c) * * *
*
*
TABLE 1 TO PARAGRAPH (c)—EPA-APPROVED GEORGIA REGULATIONS
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State citation
Title/subject
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*
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391–3–1–.02(2)(rr) .................. Gasoline Dispensing Facility—Stage I.
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State effective
date
*
10/25/2021
*
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EPA approval date
*
8/2/2023, [Insert citation of
publication].
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Explanation
*
*
02AUR1
*
Except for subparagraph
391–3–1–.02(2)(rr)16.(x),
which was approved on 9/
28/2012 with a state-effective date of 6/8/2008.
*
Federal Register / Vol. 88, No. 147 / Wednesday, August 2, 2023 / Rules and Regulations
*
*
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[FR Doc. 2023–16274 Filed 8–1–23; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2022–0512; FRL–10177–
01–R4]
Air Plan Approval; North Carolina;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the North Carolina State
Implementation Plan (SIP). The
regulations affected by this update have
been previously submitted by North
Carolina and approved by EPA. In this
final rule, EPA is also notifying the
public of corrections and clarifying
changes in the Code of Federal
Regulations (CFR) tables that identify
material incorporated by reference into
the North Carolina SIP. This update
affects the materials that are available
for public inspection at the National
Archives and Records Administration
(NARA) and the EPA Regional Office.
DATES: This action is effective August 2,
2023.
ADDRESSES: The SIP materials whose
incorporation by reference into 40 CFR
part 52 is finalized through this action
are available for inspection at the
following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303; and
www.regulations.gov. To view the
materials at the Region 4 Office, EPA
requests that you email the contact
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:
Sarah LaRocca, Air Planning and
Implementation Branch, Air and
Radiation Division, Region 4, U.S.
Environmental Protection Agency, 61
Forsyth Street SW, Atlanta, Georgia
30303–8960. Ms. LaRocca can be
reached via telephone at (404) 562–8994
and via electronic mail at
larocca.sarah@epa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52—‘‘Approval and Promulgation of
Implementation Plans,’’ Title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52 but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation or specified
changes to the given regulation with a
specific effective date. The public is
referred to the location of the full text
version should they want to know
which measures are contained in a
given SIP. The information provided
allows EPA and the public to monitor
the extent to which a state implements
a SIP to attain and maintain the NAAQS
and to take enforcement action for
violations of the SIP.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
proposed revisions containing new or
revised state regulations. A submission
from a state can revise one or more rules
in their entirety or portions of rules. The
state indicates the changes in the
submission (such as by using redline/
strikethrough text) and EPA then takes
action on the requested changes. EPA
establishes a docket for its actions using
a unique Docket Identification Number,
which is listed in each action. These
dockets and the complete submission
are available for viewing on
www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA
revised the procedures for incorporating
by reference, into the Code of Federal
Regulations, materials approved by EPA
into each SIP. These changes revised the
format for the identification of the SIP
in 40 CFR part 52, streamlined the
mechanisms for announcing EPA
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50773
approval of revisions to a SIP, and
streamlined the mechanisms for EPA’s
updating of the IBR information
contained for each SIP in 40 CFR part
52. The revised procedures also called
for EPA to maintain ‘‘SIP Compilations’’
that contain the federally approved
regulations and source-specific permits
submitted by each state agency.
EPA generally updates these SIP
Compilations on an annual basis. Under
the revised procedures, EPA must
periodically publish an informational
document in the rules section of the
Federal Register notifying the public
that updates have been made to a SIP
Compilation for a particular state. EPA
began applying the 1997 revised
procedures to North Carolina on May
20, 1999 (64 FR 27465), Forsyth County
on August 9, 2002 (67 FR 51763),
Mecklenburg County on October 22,
2002 (67 FR 64999), Western North
Carolina on October 26, 2018 (83 FR
54032), and EPA-Approved North
Carolina Source-Specific Requirements
on November 24, 2020 (85 FR 74884),
and is providing this notification in
accordance with such procedures.
II. EPA Action
In this action, EPA is providing
notification of an update to the
materials incorporated by reference into
the North Carolina SIP as of April 29,
2023, and identified in 40 CFR
52.1770(c) and (d). This update includes
SIP materials submitted by North
Carolina and approved by EPA since the
last IBR update. See 83 FR 54032
(October 26, 2018). In addition, EPA is
providing notification of the following
corrections and clarifying changes to 40
CFR 52.1770(c) and (e):
Changes Applicable to Paragraph (c),
Table (1), EPA Approved North Carolina
Regulations
A. Correcting Table (c)’s title, from ‘‘(c)
EPA approved regulations’’ to ‘‘EPAApproved Regulations’’
B. Correcting the header of Paragraph
(c), Table (1) from ‘‘EPA Approved
North Carolina Regulations’’ to ‘‘EPAApproved North Carolina
Regulations’’
C. Under the ‘‘State citation’’ column,
changing ‘‘Section’’ to ‘‘Rule’’ before
all rules in the table
D. Under ‘‘EPA approval date,’’
correcting a Federal Register citation
to reflect the beginning page of the
preamble as opposed to that of the
regulatory text
E. Changing the title ‘‘Subchapter 2D
Air Pollution Control Requirements’’
to ‘‘Subchapter 02D Air Pollution
Control Requirements’’
E:\FR\FM\02AUR1.SGM
02AUR1
]]>Agencies
[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]
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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.
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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.
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\1\ CTG documents are documents issued by EPA to provide States
with EPA's presumptive VOC RACT recommendations on how to control
VOC emissions from specific products or source categories in ozone
nonattainment areas.
\2\ See ``Design Criteria for Stage I Vapor Control Systems
Gasoline Service Stations'' U.S. Environmental Protection Agency,
Office of Air Quality Planning and Standards Emission Standards and
Engineering Division Research Triangle Park, EPA-450 (November
1975). Available at: https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=20013S56.txt.
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Stage I vapor recovery requires the control of hydrocarbon gasoline
vapors, such as VOCs, when dispensing gasoline from tanker trucks into
gasoline storage tanks. Specifically, Stage I vapor recovery systems
capture vapors displaced from storage tanks at GDFs during gasoline
cargo truck deliveries. When gasoline is delivered into an above ground
or underground storage tank, vapors that were taking up space in the
storage tank are displaced by the gasoline entering the storage tank.
The Stage I vapor recovery systems route these displaced vapors into
the tank of the delivery truck. Some vapors are vented when the storage
tank exceeds a specified pressure threshold, however, the Stage I vapor
recovery systems greatly reduce the possibility of these displaced
vapors being released into the atmosphere.
Georgia's Gasoline Dispensing Facilities Rule, found at 391-3-
1-.02(2)(rr), applies to 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.
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\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.
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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\
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\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).
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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
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State effective
State citation Title/subject date EPA approval date Explanation
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* * * * * * *
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.
* * * * * * *
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[[Page 50773]]
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[FR Doc. 2023-16274 Filed 8-1-23; 8:45 am]
BILLING CODE 6560-50-P
