80 FR 57729 - Air Plan Approval; GA; Removal of Stage II Gasoline Vapor Recovery Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 186 (September 25, 2015)

Page Range		57729-57730
FR Document		2015-24186

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, on January 22, 2015, to remove Stage II vapor control requirements for new and upgraded gasoline dispensing facilities in the State and to allow for the decommissioning of existing Stage II equipment.

Federal Register, Volume 80 Issue 186 (Friday, September 25, 2015)

[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Rules and Regulations]
[Pages 57729-57730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24186]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0113; FRL-9934-53-Region 4]


Air Plan Approval; GA; Removal of Stage II Gasoline Vapor 
Recovery Program

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

-----------------------------------------------------------------------

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, on 
January 22, 2015, to remove Stage II vapor control requirements for new 
and upgraded gasoline dispensing facilities in the State and to allow 
for the decommissioning of existing Stage II equipment.

DATES: This rule will be effective October 26, 2015.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2015-0113. All documents in the docket 
are listed on the www.regulations.gov Web site. 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 (formerly Regulatory 
Development Section), Air Planning and Implementation Branch (formerly 
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 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, Pesticides 
and Toxics Management Division, Region 4, U.S. Environmental Protection 
Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. 
Sheckler's telephone number is (404) 562-9222. She can also be reached 
via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On November 13, 1992, the State of Georgia submitted a SIP revision 
to address the Stage II requirements \1\ for the Atlanta 1-Hour Ozone 
Area.\2\ EPA approved that SIP revision, containing Georgia's Stage II 
rule (Georgia Rule 391-3-1-.02(2)(zz)--Gasoline Dispensing Facilities--
Stage II) in a notice published on February 2, 1996. See 61 FR 3819. On 
January 22, 2015, the State submitted a SIP revision to EPA with a 
request to remove its Stage II rule from the Georgia SIP thereby 
eliminating Stage II vapor control requirements for new and upgraded 
gasoline dispensing facilities in the State and allowing for the 
decommissioning of existing Stage II equipment. EPA published a 
proposed rulemaking on July 16, 2015, to approve that SIP revision. The 
details of Georgia's submittal and the rationale for EPA's action are 
explained in the NPR. See 80 FR 42076. The comment period for this 
proposed rulemaking closed on August 17, 2015. EPA did not receive any 
comments, adverse or otherwise, during the public comment period.
---------------------------------------------------------------------------

    \1\ Stage II is a system designed to capture displaced vapors 
that emerge from inside a vehicle's fuel tank, when gasoline is 
dispensed into the tank. There are two basic types of Stage II 
systems, the balance type and the vacuum assist type.
    \2\ On November 6, 1991, EPA designated the following counties 
in and around metropolitan Atlanta as a serious ozone nonattainment 
area for the 1-hour ozone NAAQS (referred to as the ``Atlanta 1-Hour 
Ozone Area''): Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, 
Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding, and Rockdale. 
56 FR 56694. The ``serious'' classification triggered various 
statutory requirements for the Atlanta 1-Hour Ozone Area, including 
the requirement pursuant to section 182(b)(3) of the CAA for the 
Area to require all owners and operators of gasoline dispensing 
systems to install and operate Stage II. EPA redesignated the 
Atlanta 1-Hour Ozone Area to attainment for the 1-hour ozone NAAQS, 
effective June 14, 2005. See 70 FR 34660 (June 15, 2005).
---------------------------------------------------------------------------

II. Final Action

    EPA is taking final action to approve the January 22, 2015, SIP 
revision submitted by Georgia and remove Georgia Rule 391-3-
1-.02(2)(zz) from the SIP. This action removes Stage II vapor control 
requirements for new and upgraded gasoline dispensing facilities and 
allows for the decommissioning of existing Stage II equipment. EPA has 
determined that Georgia's January 22, 2015, SIP revision related to the 
State's Stage II rules is consistent with the CAA and EPA's regulations 
and guidance.

III. 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). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:

 Is not a ``significant regulatory action'' subject to review 
by the Office of Management and Budget under Executive Order 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
 Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

[[Page 57730]]

 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, 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 as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 
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 November 24, 2015. 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, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: September 10, 2015.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended 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, the table in paragraph (c) is amended by removing 
the entry for ``391-3-1-.02(2)(zz).''
[FR Doc. 2015-24186 Filed 9-24-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations 57729

EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS
State
Permit
Name of source effective EPA approval date Explanation
number date

* * * * * * *
Combs Oil Company .......... .................... 7/31/2009 9/25/2015 [Insert citation of Order Granting Variance from Rule 62–296.418(2)(b)2.
publication].

* * * * * Environmental Protection Agency, requirements for new and upgraded
[FR Doc. 2015–24325 Filed 9–24–15; 8:45 am] Region 4, 61 Forsyth Street SW., gasoline dispensing facilities in the
BILLING CODE 6560–50–P Atlanta, Georgia 30303–8960. EPA State and allowing for the
requests that if at all possible, you decommissioning of existing Stage II
contact the person listed in the FOR equipment. EPA published a proposed
ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT section to rulemaking on July 16, 2015, to approve
AGENCY schedule your inspection. The Regional that SIP revision. The details of
Office’s official hours of business are Georgia’s submittal and the rationale for
40 CFR Part 52 Monday through Friday 8:30 a.m. to EPA’s action are explained in the NPR.
[EPA–R04–OAR–2015–0113; FRL–9934–53– 4:30 p.m., excluding Federal holidays. See 80 FR 42076. The comment period
Region 4] FOR FURTHER INFORMATION CONTACT: for this proposed rulemaking closed on
Kelly Sheckler, Air Regulatory August 17, 2015. EPA did not receive
Air Plan Approval; GA; Removal of Management Section, Air Planning and any comments, adverse or otherwise,
Stage II Gasoline Vapor Recovery Implementation Branch, Pesticides and during the public comment period.
Program Toxics Management Division, Region 4, II. Final Action
AGENCY: Environmental Protection U.S. Environmental Protection Agency,
61 Forsyth Street SW., Atlanta, Georgia EPA is taking final action to approve
Agency.
30303–8960. Ms. Sheckler’s telephone the January 22, 2015, SIP revision
ACTION: Final rule. submitted by Georgia and remove
number is (404) 562–9222. She can also
SUMMARY: The Environmental Protection be reached via electronic mail at Georgia Rule 391–3–1–.02(2)(zz) from
Agency (EPA) is approving changes to sheckler.kelly@epa.gov. the SIP. This action removes Stage II
the Georgia State Implementation Plan SUPPLEMENTARY INFORMATION: vapor control requirements for new and
(SIP) submitted by the State of Georgia, upgraded gasoline dispensing facilities
I. Background and allows for the decommissioning of
through the Georgia Environmental
Protection Division, on January 22, On November 13, 1992, the State of existing Stage II equipment. EPA has
2015, to remove Stage II vapor control Georgia submitted a SIP revision to determined that Georgia’s January 22,
requirements for new and upgraded address the Stage II requirements 1 for 2015, SIP revision related to the State’s
gasoline dispensing facilities in the the Atlanta 1-Hour Ozone Area.2 EPA Stage II rules is consistent with the CAA
State and to allow for the approved that SIP revision, containing and EPA’s regulations and guidance.
decommissioning of existing Stage II Georgia’s Stage II rule (Georgia Rule III. Statutory and Executive Order
equipment. 391–3–1–.02(2)(zz)—Gasoline Reviews
Dispensing Facilities—Stage II) in a
DATES: This rule will be effective notice published on February 2, 1996. Under the CAA, the Administrator is
October 26, 2015. See 61 FR 3819. On January 22, 2015, required to approve a SIP submission
ADDRESSES: EPA has established a the State submitted a SIP revision to that complies with the provisions of the
docket for this action under Docket EPA with a request to remove its Stage Act and applicable federal regulations.
Identification No. EPA–R04–OAR– II rule from the Georgia SIP thereby See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
2015–0113. All documents in the docket eliminating Stage II vapor control Thus, in reviewing SIP submissions,
are listed on the www.regulations.gov EPA’s role is to approve state choices,
Web site. Although listed in the index, 1 Stage II is a system designed to capture provided that they meet the criteria of
some information may not be publicly displaced vapors that emerge from inside a the CAA. Accordingly, this action
available, i.e., Confidential Business vehicle’s fuel tank, when gasoline is dispensed into merely approves state law as meeting
the tank. There are two basic types of Stage II
Information or other information whose systems, the balance type and the vacuum assist
Federal requirements and does not
disclosure is restricted by statute. type. impose additional requirements beyond
Certain other material, such as 2 On November 6, 1991, EPA designated the those imposed by state law. For that
copyrighted material, is not placed on following counties in and around metropolitan reason, this action:
Atlanta as a serious ozone nonattainment area for
the Internet and will be publicly the 1-hour ozone NAAQS (referred to as the
• Is not a ‘‘significant regulatory action’’
available only in hard copy form. ‘‘Atlanta 1-Hour Ozone Area’’): Cherokee, Clayton, subject to review by the Office of
Publicly available docket materials are Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Management and Budget under
available either electronically through Fulton, Gwinnett, Henry, Paulding, and Rockdale. Executive Order 12866 (58 FR 51735,
mstockstill on DSK4VPTVN1PROD with RULES

56 FR 56694. The ‘‘serious’’ classification triggered
www.regulations.gov or in hard copy at various statutory requirements for the Atlanta 1-
October 4, 1993) and 13563 (76 FR
the Air Regulatory Management Section Hour Ozone Area, including the requirement 3821, January 21, 2011);
(formerly Regulatory Development pursuant to section 182(b)(3) of the CAA for the • Does not impose an information
Section), Air Planning and Area to require all owners and operators of gasoline collection burden under the
dispensing systems to install and operate Stage II.
Implementation Branch (formerly Air EPA redesignated the Atlanta 1-Hour Ozone Area to
provisions of the Paperwork
Planning Branch), Air, Pesticides and attainment for the 1-hour ozone NAAQS, effective Reduction Act (44 U.S.C. 3501 et
Toxics Management Division, U.S. June 14, 2005. See 70 FR 34660 (June 15, 2005). seq.);

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57730 Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Rules and Regulations

• Is certified as not having a significant action must be filed in the United States DATES: This rule will be effective
economic impact on a substantial Court of Appeals for the appropriate October 26, 2015.
number of small entities under the circuit by November 24, 2015. Filing a ADDRESSES: EPA has established a
Regulatory Flexibility Act (5 U.S.C. petition for reconsideration by the docket for this action under Docket
601 et seq.); Administrator of this final rule does not Identification No. EPA–R04–OAR–
• Does not contain any unfunded affect the finality of this action for the 2013–0163. All documents in the docket
mandate or significantly or uniquely purposes of judicial review nor does it are listed on the www.regulations.gov
affect small governments, as described extend the time within which a petition Web site. Although listed in the index,
in the Unfunded Mandates Reform for judicial review may be filed, and some information is not publicly
Act of 1995 (Pub. L. 104–4); shall not postpone the effectiveness of available, i.e., Confidential Business
• Does not have Federalism such rule or action. This action may not Information or other information whose
implications as specified in Executive be challenged later in proceedings to disclosure is restricted by statute.
Order 13132 (64 FR 43255, August 10, enforce its requirements. See section Certain other material, such as
1999); 307(b)(2). copyrighted material, is not placed on
• Is not an economically significant
regulatory action based on health or List of Subjects in 40 CFR Part 52 the Internet and will be publicly
safety risks subject to Executive Order available only in hard copy form.
Environmental protection, Air
13045 (62 FR 19885, April 23, 1997); Publicly available docket materials are
pollution control, Incorporation by
• Is not a significant regulatory action available either electronically through
reference, Ozone, Reporting and
subject to Executive Order 13211 (66 www.regulations.gov or in hard copy at
recordkeeping requirements, Volatile
FR 28355, May 22, 2001); the Air Regulatory Management Section,
organic compounds.
• Is not subject to requirements of Air Planning and Implementation
Authority: 42 U.S.C. 7401 et seq. Branch, Air, Pesticides and Toxics
Section 12(d) of the National
Technology Transfer and Dated: September 10, 2015. Management Division, U.S.
Advancement Act of 1995 (15 U.S.C. Heather McTeer Toney, Environmental Protection Agency,
272 note) because application of those Regional Administrator, Region 4. Region 4, 61 Forsyth Street SW.,
requirements would be inconsistent Atlanta, Georgia 30303–8960. EPA
40 CFR part 52 is amended as follows: requests that if at all possible, you
with the CAA; and
• Does not provide EPA with the PART 52—APPROVAL AND contact the person listed in the FOR
discretionary authority to address, as PROMULGATION OF FURTHER INFORMATION CONTACT section to
appropriate, disproportionate human IMPLEMENTATION PLANS schedule your inspection. The Regional
health or environmental effects, using Office’s official hours of business are
practicable and legally permissible ■ 1. The authority citation for part 52 Monday through Friday 8:30 a.m. to
methods, under Executive Order continues to read as follows: 4:30 p.m., excluding Federal holidays.
12898 (59 FR 7629, February 16, Authority: 42 U.S.C. 7401 et seq. FOR FURTHER INFORMATION CONTACT:
1994). Sean Lakeman, Air Regulatory
In addition, the SIP is not approved Subpart L—Georgia Management Section, Air Planning and
to apply on any Indian reservation land Implementation Branch, Air, Pesticides
or in any other area where EPA or an ■ 2. In § 52.570, the table in paragraph and Toxics Management Division, U.S.
Indian tribe has demonstrated that a (c) is amended by removing the entry for Environmental Protection Agency,
tribe has jurisdiction. In those areas of ‘‘391–3–1–.02(2)(zz).’’ Region 4, 61 Forsyth Street SW.,
Indian country, the rule does not have [FR Doc. 2015–24186 Filed 9–24–15; 8:45 am] Atlanta, Georgia 30303–8960. Mr.
tribal implications as specified by BILLING CODE 6560–50–P Lakeman can be reached by phone at
Executive Order 13175 (65 FR 67249, (404) 562–9043 or via electronic mail at
November 9, 2000), nor will it impose lakeman.sean@epa.gov.
substantial direct costs on tribal ENVIRONMENTAL PROTECTION
SUPPLEMENTARY INFORMATION:
governments or preempt tribal law. AGENCY
The Congressional Review Act, 5 I. Background
40 CFR Part 52
U.S.C. 801 et seq., as added by the Small On June 25, 2010, MDEQ submitted a
Business Regulatory Enforcement [EPA–R04–OAR–2013–0163; FRL–9934–73– SIP revision to EPA for approval into
Fairness Act of 1996, generally provides Region 4] the Mississippi SIP.1 This SIP revision
that before a rule may take effect, the includes multiple changes to
agency promulgating the rule must Approval and Promulgation of
Implementation Plans; Mississippi: Mississippi’s air pollution control
submit a rule report, which includes a regulation APC–S–1, entitled ‘‘Air
copy of the rule, to each House of the Miscellaneous Changes
Congress and to the Comptroller General AGENCY: Environmental Protection 1 On May 5, 2015, Mississippi withdrew the

of the United States. EPA will submit a Agency (EPA). portion of this SIP revision that modified APC–S–
report containing this action and other 1, Section 14 related to Mississippi’s Clean Air
ACTION: Final rule. Interstate Rule provisions. A copy of the letter
required information to the U.S. Senate, withdrawing this portion of Mississippi’s
the U.S. House of Representatives, and SUMMARY: The Environmental Protection submission is in the docket for today’s rulemaking.
the Comptroller General of the United Agency (EPA) is approving portions of Regarding the changes to APC–S–1, Section 8
States prior to publication of the rule in a State Implementation Plan (SIP) related to hazardous air pollutants, EPA is not
mstockstill on DSK4VPTVN1PROD with RULES

acting on the revisions related to the vacated Clean
the Federal Register. A major rule revision submitted by the Mississippi Air Mercury Rule in Paragraph 4. As noted in the
cannot take effect until 60 days after it Department of Environmental Quality SIP revision narrative, the change to Section 8,
is published in the Federal Register. (MDEQ), to EPA on July 25, 2010. The Paragraph 1 regarding the National Emission
This action is not a ‘‘major rule’’ as SIP revision includes multiple changes Standards for Hazardous Air Pollutants and the
change to Section 6, Paragraph 1 regarding the New
defined by 5 U.S.C. 804(2). to Mississippi’s SIP to add definitions in Source Performance Standards are included in the
Under section 307(b)(1) of the CAA, accordance with federal regulations and same state rulemaking package as the changes
petitions for judicial review of this to implement clarifying language. identified above but are not part of the SIP revision.

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Document Created: 2018-02-26 10:19:35
Document Modified: 2018-02-26 10:19:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective October 26, 2015.
Contact		Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Sheckler's telephone number is (404) 562-9222. She can also be reached via electronic mail at [email protected]
FR Citation		80 FR 57729
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds