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

American Government Special Collections Reference Desk

American Government

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

Heather McTeer Toney
Environmental Protection Agency
September 25, 2015

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



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 sheckler.kelly@epa.gov.


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 
    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. 
    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:


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 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]

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