Air Plan Approval; GA; Revisions to the State Implementation Plan Gasoline Transport Vehicles and Vapor Collection System Rule, 43357-43359 [2024-10713]
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Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
• Does the format of the proposed
priorities, requirements, and definitions
(grouping and order of sections, use of
headings, paragraphing, etc.) aid or
reduce their clarity?
• Would the proposed priorities,
requirements, and definitions be easier
to understand if we divided them into
more (but shorter) sections?
• Could the description of the
proposed priorities, requirements, and
definitions in the SUPPLEMENTARY
INFORMATION section of this preamble be
more helpful in making the proposed
priorities, requirements, and definitions
easier to understand? If so, how?
• What else could we do to make the
proposed priorities, requirements, and
definitions easier to understand?
To send any comments that concern
how the Department could make these
proposed priorities, requirements, and
definitions easier to understand, see the
instructions in the ADDRESSES section.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Regulatory Flexibility Act Certification
The Secretary certifies that these
proposed priorities, requirements, and
definitions would not have a significant
economic impact on a substantial
number of small entities.
The small entities that this proposed
regulatory action would affect are
institutions that meet the eligibility
requirements described in 316 through
320 of part A of title III, part B of title
III, or title V of the HEA. The Secretary
believes that the costs imposed on
applicants by the proposed priorities,
requirements, and definitions would be
limited to paperwork burden related to
preparing an application and that the
benefits would outweigh any costs
incurred by applicants.
Participation in this program is
voluntary. For this reason, the proposed
priorities, requirements, and definitions
would impose no burden on small
entities unless they applied for funding
under the program. We expect that in
determining whether to apply for RDI
grant program funds, an eligible
applicant would evaluate the
requirements of preparing an
application and any associated costs
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and weigh them against the benefits
likely to be achieved by receiving an
RDI program grant. Eligible applicants
most likely would apply only if they
determine that the likely benefits exceed
the costs of preparing an application.
The likely benefits include the potential
receipt of a grant as well as other
benefits that may accrue to an entity
through its development of an
application, such as the use of that
application to seek funding from other
sources to address the institution’s
research and development infrastructure
needs.
This proposed regulatory action
would not have a significant economic
impact on a small entity once it receives
a grant because it would be able to meet
the costs of compliance using the funds
provided under this program. We invite
comments from eligible small entities as
to whether they believe this proposed
regulatory action would have a
significant economic impact on them
and, if so, request evidence to support
that belief.
Paperwork Reduction Act of 1995
These proposed priorities,
requirements, and definitions do not
contain any information collection
requirements.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
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the document published in the Federal
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Specifically, through the advanced
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43357
your search to documents published by
the Department.
Nasser Paydar,
Assistant Secretary for Postsecondary
Education.
[FR Doc. 2024–10870 Filed 5–16–24; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2023–0518; FRL–11955–
01–R4]
Air Plan Approval; GA; Revisions to
the State Implementation Plan
Gasoline Transport Vehicles and Vapor
Collection System Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision submitted by the Georgia
Department of Natural Resources (GA
DNR) Environmental Protection
Division (EPD) on September 28, 2023,
for the purpose of clarifying
requirements for gasoline transport
vehicles and making minor
administrative changes. EPA is
proposing to approve Georgia’s
September 28, 2023, SIP revision
pursuant to the Clean Air Act (CAA or
Act).
DATES: Comments must be received on
or before June 17, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2023–0518 at regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, the full EPA public comment
policy, information about CBI or
multimedia submissions, and general
SUMMARY:
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Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Proposed Rules
guidance on making effective
comments, please visit https://
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Weston Freund, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8773. Mr. Freund can also be reached
via electronic mail at staff email
freund.weston@epa.gov.
SUPPLEMENTARY INFORMATION:
I. EPA’s Analysis of Georgia’s Submittal
EPA is proposing to approve a SIP
revision submitted by the Georgia EPD
on September 28, 2023, amending Rule
391–3–1–.02(2)(ss), ‘‘Gasoline Transport
Vehicles and Vapor Collection
Systems’’ 1 to clarify requirements for
tank labeling and increase consistency
with other rules. The SIP revision makes
the following changes: replaces
‘‘paragraph’’ with ‘‘subparagraph’’ in
Rule 391–3–1–.02(2)(ss)1.; adds
‘‘(month and year)’’ to Rule 391–3–1–
.02(2)(ss)1.(ii) to clarify that ‘‘date’’
means month and year; changes the first
letter of ‘‘subparagraph’’ to lower case in
Rule 391–3–1–.02(2)(ss)2.(ii), and
replaces ‘‘section’’ with ‘‘paragraph’’ in
Rule 391–3–1–.02(2)(ss)3. to be
consistent with the rest of the rule. EPA
is proposing to approve these changes
because they are administrative in
nature and would therefore not interfere
with any applicable requirement
concerning attainment and reasonable
further progress or any other applicable
requirement of the CAA.2
II. Incorporation by Reference
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In this document, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with
requirements of 1 CFR 51.5, and as
discussed in Section I of this preamble,
EPA is proposing to incorporate by
reference Georgia Rule 391–3–1–
.02(2)(ss), ‘‘Gasoline Transport Vehicles
and Vapor Collection Systems’’, which
changes ‘‘paragraph’’ to ‘‘subparagraph’’
1 Table 1 to Paragraph (c)—EPA-Approved
Georgia Regulations at 40 CFR 52.570(c) incorrectly
refers to Rule 391–3–1–.02(2)(ss) as ‘‘Gasoline
Transport Systems and Vapor Collection Systems’’
rather than ‘‘Gasoline Transport Vehicles and Vapor
Collection Systems’’ as approved October 13, 1992.
See 57 FR 46780. In addition to the revisions
described herein, EPA is proposing to correct the
title of Rule 391–3–1–.02(2)(ss) in 40 CFR 52.570(c)
to accurately reflect the title as approved on
October 13, 1992.
2 See CAA section 110(l).
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16:04 May 16, 2024
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in Rule 391–3–1–.02(2)(ss)1., adds
‘‘(month and year)’’ to Rule 391–3–1–
.02(2)(ss)1.(ii), changes ‘‘subparagraph’’
to lower case in Rule 391–3–1–
.02(2)(ss)2.(ii), and changes ‘‘section’’ to
‘‘paragraph’’ in Rule 391–3–1–
.02(2)(ss)3., state effective on September
17, 2023. EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
III. Proposed Action
EPA is proposing to approve the
aforementioned Georgia SIP revision
consisting of administrative changes to
Rule 391–3–1–.02(2)(ss), ‘‘Gasoline
Transport Vehicles and Vapor
Collection Systems’’ for the reasons
discussed above.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this proposed
action merely proposes to approve state
law as meeting Federal requirements
and does not impose additional
requirements beyond those imposed by
state law. For that reason, this proposed
action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 14094 (88 FR
21879, April 11, 2023);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA.
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies
to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ EPA further
defines the term fair treatment to mean
that ‘‘no group of people should bear a
disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
GA EPD did not evaluate EJ
considerations as part of its SIP
submittal; the CAA and applicable
implementing regulations neither
prohibit nor require such an evaluation.
EPA did not perform an EJ analysis and
did not consider EJ in this proposed
action. Due to the nature of the action
being proposed here, this proposed
action is expected to have a neutral to
positive impact on the air quality of the
affected area. Consideration of EJ is not
required as part of this proposed action,
and there is no information in the
record inconsistent with the stated goal
of E.O. 12898 of achieving EJ for people
of color, low-income populations, and
Indigenous peoples.
E:\FR\FM\17MYP1.SGM
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Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Proposed Rules
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 10, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024–10713 Filed 5–16–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2019–0562; FRL–11960–
01–R3]
Air Plan Approval and Disapproval;
Pennsylvania; Reasonably Available
Control Technology (RACT) for Volatile
Organic Compounds (VOC) Under the
2008 Ozone National Ambient Air
Quality Standards (NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to revise its
December 14, 2020 action that fully
approved two state implementation plan
(SIP) revisions, both submitted to EPA
on August 13, 2018 by the
Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP).
Those SIP revisions addressed
reasonably available control technology
(RACT) requirements for the 2008 ozone
national ambient air quality standards
(NAAQS), including those related to
control technique guidelines (CTGs) for
volatile organic compounds (VOC) and
the addition of regulations controlling
VOC emissions from industrial cleaning
solvents. The SIP revisions also
included certain clarifying amendments
to Pennsylvania code related to major
source RACT regulations. Upon
reconsideration, EPA is proposing to
revise its prior action to partially
approve and partially disapprove the
August 13, 2018 submittals.
Specifically, EPA is proposing approval
of certain clarifying amendments as well
as a negative declaration submitted by
PADEP. EPA is proposing disapproval
of the remainder of both SIP submittals
related to CTGs and control of VOC
emissions from industrial cleaning
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SUMMARY:
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16:04 May 16, 2024
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solvents. This action is being taken
under the Clean Air Act (CAA).
DATES: Written comments must be
received on or before June 17, 2024.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2019–0562 at
www.regulations.gov, or via email to
goold.megan@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
confidential business information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFOMRATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www.epa.gov/dockets/commenting-epadockets.
FOR FURTHER INFORMATION CONTACT:
Ellen Schmitt, Planning &
Implementation Branch (3AD30), Air &
Radiation Division, U.S. Environmental
Protection Agency, Region III, 1600 John
F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone
number is (215) 814–5787. Ms. Schmitt
can also be reached via electronic mail
at schmitt.ellen@epa.gov.
SUPPLEMENTARY INFORMATION: On August
13, 2018, PADEP submitted to EPA two
SIP revisions to satisfy certain RACT
requirements for sources of VOC
emissions required by sections 182(b)(2)
and 184(b)(l)(B) of the CAA and the
implementing regulations for the 2008
8-hour ozone NAAQS (80 FR 12264,
March 6, 2015; 40 CFR part 51, subpart
AA). Additionally, these two submittals
are related to another PADEP SIP
submission addressing RACT for major
stationary sources of VOC and oxides of
nitrogen (NOX) that was conditionally
approved by EPA on May 9, 2019. See
section II.B.2 of this proposed
rulemaking.
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43359
I. Background
A. Ozone NAAQS and RACT
Requirements
On July 18, 1997 (62 FR 38856), EPA
promulgated a revised standard for
ground level ozone based on 8-hour
average concentrations. The 8-hour
averaging period replaced the previous
1-hour averaging period adopted in
1979, and the level of the NAAQS was
changed from 0.12 parts per million
(ppm) to 0.08 ppm. On March 27, 2008
(73 FR 16436), EPA further strengthened
the 8-hour ozone standards from 0.08
ppm to 0.075 ppm (2008 8-hour ozone
NAAQS). On October 26, 2015, (80 FR
65292) EPA adopted another revision to
the ozone standard (2015 ozone
NAAQS), but the 2008 ozone standard
remains in place. This action concerns
RACT requirements under the 2008 8hour NAAQS.
The CAA regulates emissions of NOX
and VOC to prevent photochemical
reactions that result in ozone formation.
Section 182(b)(2) of the CAA requires
states with ozone nonattainment areas
classified as moderate or higher to
submit a SIP revision requiring
implementation of RACT. EPA has
consistently defined ‘‘RACT’’ as the
lowest emission limit that a particular
source is capable of meeting by the
application of the control technology
that is reasonably available considering
technological and economic feasibility.
The CAA requires RACT revisions for
three specific categories of sources for
the ozone NAAQS. First, section
182(b)(2)(A) requires RACT for each
category of VOC sources in the
nonattainment area covered by a CTG
document issued by EPA between
November 15, 1990 and the date of
attainment.1 Second, section
182(b)(2)(B) requires RACT for all VOC
sources in the area covered by any CTG
issued before November 15, 1990. Third,
section 182(b)(2)(C) requires RACT for
all other major stationary sources of
VOC located in the nonattainment area.
In addition, section 182(f) subjects
major stationary sources of NOX to the
same RACT requirements applicable to
major stationary sources of VOC.2 EPA
has not issued any CTGs for categories
of NOX sources, so the effect of section
182(f) is to require that SIPs also require
1 EPA provides states with guidance concerning
what types of controls could constitute RACT for
a given source category through the issuance of CTG
and alternative control technique (ACT) documents.
2 A ‘‘major source’’ is defined based on the
source’s potential to emit NOX or VOC, and the
applicable ton per year emission thresholds
defining a ‘‘major’’ source differ based on the
classification of the nonattainment area in which
the source is located. See sections 182(c)–(f) and
302 of the CAA.
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Agencies
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43357-43359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10713]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2023-0518; FRL-11955-01-R4]
Air Plan Approval; GA; Revisions to the State Implementation Plan
Gasoline Transport Vehicles and Vapor Collection System Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Georgia Department of Natural Resources (GA DNR) Environmental
Protection Division (EPD) on September 28, 2023, for the purpose of
clarifying requirements for gasoline transport vehicles and making
minor administrative changes. EPA is proposing to approve Georgia's
September 28, 2023, SIP revision pursuant to the Clean Air Act (CAA or
Act).
DATES: Comments must be received on or before June 17, 2024.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2023-0518 at regulations.gov. Follow the online instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. EPA may publish any comment received to
its public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
[[Page 43358]]
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Weston Freund, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air and
Radiation Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is
(404) 562-8773. Mr. Freund can also be reached via electronic mail at
staff email [email protected].
SUPPLEMENTARY INFORMATION:
I. EPA's Analysis of Georgia's Submittal
EPA is proposing to approve a SIP revision submitted by the Georgia
EPD on September 28, 2023, amending Rule 391-3-1-.02(2)(ss), ``Gasoline
Transport Vehicles and Vapor Collection Systems'' \1\ to clarify
requirements for tank labeling and increase consistency with other
rules. The SIP revision makes the following changes: replaces
``paragraph'' with ``subparagraph'' in Rule 391-3-1-.02(2)(ss)1.; adds
``(month and year)'' to Rule 391-3-1-.02(2)(ss)1.(ii) to clarify that
``date'' means month and year; changes the first letter of
``subparagraph'' to lower case in Rule 391-3-1-.02(2)(ss)2.(ii), and
replaces ``section'' with ``paragraph'' in Rule 391-3-1-.02(2)(ss)3. to
be consistent with the rest of the rule. EPA is proposing to approve
these changes because they are administrative in nature and would
therefore not interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the CAA.\2\
---------------------------------------------------------------------------
\1\ Table 1 to Paragraph (c)--EPA-Approved Georgia Regulations
at 40 CFR 52.570(c) incorrectly refers to Rule 391-3-1-.02(2)(ss) as
``Gasoline Transport Systems and Vapor Collection Systems'' rather
than ``Gasoline Transport Vehicles and Vapor Collection Systems'' as
approved October 13, 1992. See 57 FR 46780. In addition to the
revisions described herein, EPA is proposing to correct the title of
Rule 391-3-1-.02(2)(ss) in 40 CFR 52.570(c) to accurately reflect
the title as approved on October 13, 1992.
\2\ See CAA section 110(l).
---------------------------------------------------------------------------
II. Incorporation by Reference
In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, and as discussed in Section I of this
preamble, EPA is proposing to incorporate by reference Georgia Rule
391-3-1-.02(2)(ss), ``Gasoline Transport Vehicles and Vapor Collection
Systems'', which changes ``paragraph'' to ``subparagraph'' in Rule 391-
3-1-.02(2)(ss)1., adds ``(month and year)'' to Rule 391-3-
1-.02(2)(ss)1.(ii), changes ``subparagraph'' to lower case in Rule 391-
3-1-.02(2)(ss)2.(ii), and changes ``section'' to ``paragraph'' in Rule
391-3-1-.02(2)(ss)3., state effective on September 17, 2023. EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and at the EPA Region 4 office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).
III. Proposed Action
EPA is proposing to approve the aforementioned Georgia SIP revision
consisting of administrative changes to Rule 391-3-1-.02(2)(ss),
``Gasoline Transport Vehicles and Vapor Collection Systems'' for the
reasons discussed above.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
GA EPD did not evaluate EJ considerations as part of its SIP
submittal; the CAA and applicable implementing regulations neither
prohibit nor require such an evaluation. EPA did not perform an EJ
analysis and did not consider EJ in this proposed action. Due to the
nature of the action being proposed here, this proposed action is
expected to have a neutral to positive impact on the air quality of the
affected area. Consideration of EJ is not required as part of this
proposed action, and there is no information in the record inconsistent
with the stated goal of E.O. 12898 of achieving EJ for people of color,
low-income populations, and Indigenous peoples.
[[Page 43359]]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 10, 2024.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2024-10713 Filed 5-16-24; 8:45 am]
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