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Air Plan Approval; Georgia; Miscellaneous Rule Revisions to Gasoline Dispensing Facility--Stage I Publication: Federal Register Agency: Environmental Protection Agency Byline: Jeaneanne Gettle Date: 2 August 2023 Subjects: American Government  , The Environment, Petroleum
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[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Georgia's Stage I vapor recovery rules primarily by removing outdated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
sheckler.kelly@epa.gov.
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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[FR Doc. 2023-16274 Filed 8-1-23; 8:45 am]
BILLING CODE 6560-50-P