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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: 13 June 2023 Subjects: American Government  , Petroleum
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[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38430-38433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12580]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2022-0457; FRL-11008-01-R4]
Air Plan Approval; Georgia; Miscellaneous Rule Revisions to
Gasoline Dispensing Facility--Stage I
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve 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by removing outdated references and making several clarifying edits.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 proposing to approve these changes pursuant to the
Clean Air Act (CAA or Act).
DATES: Comments must be received on or before July 13, 2023.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2022-0457 at www.regulations.gov. Follow the online instructions
for submitting comments.
[[Page 38431]]
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 guidance
on making effective comments, please visit www2.epa.gov/dockets/commenting-epa-dockets.
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(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.\3\
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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.
\3\ On September 25, 2015, EPA approved a SIP revision that
removed Stage II vapor control requirements for new and upgraded
gasoline dispensing facilities in the State and allowed for the
decommissioning of existing Stage II equipment. See 80 FR 57729 for
more details on EPA's analysis of the removal of Stage II vapor
recovery requirements in the State.
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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 certain 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. The rule
required all facilities in these counties to install either Stage I or
Enhanced Stage I gasoline vapor recovery systems by certain dates, the
latest of which was May 1, 2023. EPA last modified the SIP-approved
version of Rule 391-3-1-.02(2)(rr) on September 28, 2012. See 77 FR
59554.
CAA section 110(l) prohibits EPA from approving a SIP revision if
it would interfere with any applicable requirement concerning
attainment and reasonable further progress (as defined in CAA Section
171), or any other applicable requirement of the CAA. The proposed
changes included in Georgia's November 4, 2021, submission will not
lead to any increases of NAAQS pollutants and will not otherwise
interfere with any CAA applicable requirement.\4\ The changes to
Georgia's GDF rule and EPA's rationale for proposing approval are
described in more detail in section II of this Notice of Proposed
Rulemaking (NPRM).
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\4\ Georgia's November 4, 2021, submission also included SIP
revisions to address the base year emissions inventory requirements
and emissions statements requirements for the 2015 8-hour ozone
NAAQS for the Atlanta, Georgia, 2015 8-hour ozone nonattainment
area. EPA acted on those SIP revisions in a separate rulemaking. See
87 FR 13179 (March 9, 2022).
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II. Analysis of the State's Submission
EPA is proposing to approve changes to Rule 391-3-1-.02(2)(rr),
``Gasoline Dispensing Facility--Stage I.'' \5\ 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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\5\ 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 proposing to approve the
changes to these paragraphs through this NPRM.
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The bulk of the changes in the November 4, 2021, submission are
minor language edits. For example, one language edit removes the phrase
``per month'' from the sentence, ``. . . gasoline dispensing facilities
that dispense no more than 10,000 gallons average monthly throughput
rate of gasoline per month . . .'' to remove redundancy. Another
example of a language edit is a word preference alteration that changes
the word ``replacement'' to ``replaced'' in the phrase ``replacement
parts.'' Additionally, the State has edited various provisions in the
rule to remove titles from sections that are self-explanatory based on
the content of the provision. Other similar changes include the
correction of typos, small grammatical changes, and the necessary
renumbering of some provisions to account for the removal of others.
The proposed revision also makes several changes to clarify the
physical nature of gasoline vapor recovery control systems. First, with
respect to the required components for a stationary storage tank, the
State has added language to subparagraph (rr)1.(i)(III) specifying that
required vents must stand vertically. The State added this language to
further define the nature of the particular vents that operators/owners
use in stationary storage tanks. Although there is no federal
requirement for vents to be vertical, the vents must be at least 12
feet above the ground as required in the SIP-approved version of this
subparagraph. EPA is proposing to approve this edit because the rule
continues to meet the federal requirement for the vent to be at least
12 feet above the ground. Another clarifying edit the State made is to
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subparagraph (rr)1.(ii)(II), a provision that outlines one method to
control vapors displaced from gasoline stationary storage tanks during
filling. The edit specifies that when a manifold connects all gasoline
stationary storage tanks vent lines, the vapor-tight vapor return line
that controls displaced vapors must connect the gasoline stationary
storage tank being filled directly to the delivery vessel. Previously,
this provision did not use the word ``connected'' to specify that the
vapor-tight vapor return line must directly link the delivery vessel to
a gasoline stationary storage tank. EPA is proposing to approve this
edit because it clarifies where the vapor-tight vapor return line must
be connected to sufficiently control displaced vapors during the
filling process.
In addition to the changes addressing the physical nature of the
control technology, the State has made other edits to clarify various
certification and recertification testing requirements. First, the
State has revised Subparagraph (rr)7. to clarify that when a party
other than GA EPD conducts certification or recertification testing of
any Stage I gasoline vapor recovery system, the party must identify the
California Air Resources Board (CARB) Executive Order number associated
with the system to be tested, in addition to other information.\6\ This
requirement already existed; however, Georgia added the language
``associated with the system to be tested'' to clarify exactly what
information another party would need to submit to GA EPD for either
certification or recertification testing.
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\6\ CARB Executive Orders establish certification standards and
procedures for specific vapor recovery systems.
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With respect to other certification and recertification
requirements, SIP-approved subparagraph (rr)8.(ii) requires
certification testing within 30 days of installation for Enhanced Stage
I gasoline vapor recovery systems approved by GA EPD and installed
after December 31, 2022, and SIP-approved subparagraph (rr)8.(iv)
requires recertification testing after June 1, 2008, within 24 months
following the initial certification or recertification for any Enhanced
Stage I gasoline vapor recovery system approved by GA EPD. The SIP
revision removes these two subparagraphs and expands the applicability
of subparagraphs (rr)8.(i) and 8.(iii) (renumbered to (ii)) to account
for the removal. Georgia adds the word ``any'' to subparagraph
(rr)8.(i) to require certification testing within 30 days of
installation for ``any'' Stage I gasoline vapor recovery system
approved by GA EPD after December 31, 2002. Similarly, in subparagraph
(rr)8.(iii) (renumbered to (ii)), Georgia adds the word ``any'' to
require recertification testing after June 1, 2008, within 12 months
following initial certification or recertification for ``any'' Stage I
gasoline vapor recovery system approved by GA EPD. EPA is proposing to
approve these changes to (rr)8. because the addition of the word
``any'' to describe Stage I gasoline vapor systems in subparagraphs
(rr)8.(i) and (rr)8.(iii) (renumbered to (ii)) encompasses all Stage I
gasoline vapor systems, including Enhanced Stage I vapor recovery
systems and because the change to subparagraph (rr)8.(iii) (renumbered
to (ii)) would require recertification testing of Enhanced Stage I
vapor recovery systems within 12 months of the initial certification or
recertification instead of 24 months, making the new requirements more
stringent.
The State made a clarifying edit in subparagraph (rr)9. to specify
that ``failed test results'' for certification or recertification of
the gasoline vapor recovery systems must also be included in compliance
reports. This requirement already existed as all compliance reports
needed to include ``results of all tests''; however, the State has
included the new language to clarify that all tests does include failed
test results.
In addition to the changes to the various certification and
recertification requirements, Georgia has revised the rule's
recordkeeping requirements. Specifically, Georgia removed language in
subparagraph (rr)13. regarding record disposal that stated there could
be no time extension beyond the requirements of the subparagraph.
Subparagraph (rr)13. does not have any timing requirements, therefore,
EPA is proposing to approve this change as it removes superfluous
language.
Finally, Georgia has made some clarifying edits to specify the
required vapor efficiency to qualify as a ``Stage I Gasoline Vapor
Recovery System'' or an ``Enhanced Stage I Gasoline Vapor Recovery
System.'' Georgia has revised subparagraph (rr)15.(x)(II) to specify
that a vapor recovery system must meet a threshold of 95% vapor
collection efficiency to qualify as a ``Stage I Gasoline Vapor Recovery
System'' and revised subparagraph (rr)15.(iv)(I) to specify that a
vapor recovery system must meet a threshold of 98% vapor collection
efficiency to qualify as an ``Enhanced Stage I Gasoline Vapor Recovery
System''. These thresholds already existed in Rule 391-3-1-.02(2) as
each respective system was required to function in accordance with the
applicable CARB executive orders, and each CARB executive order for
Stage I gasoline vapor recovery systems requires at least a 95% vapor
control efficiency, while each CARB executive order for each Enhanced
Stage I gasoline vapor recovery systems required at least a 98% vapor
control efficiency. See Georgia Rule 391-3-1-.02(2)(rr)6.; 391-3-
1-.02(2)(rr)15.(iv)(I); and 391-3-1-.02(rr)15.(x)(II). Therefore, EPA
is proposing to approve these changes.
In addition to the changes outlined above, Georgia has removed
language in subparagraph (rr)14. specifying that GA EPD personnel
conduct annual compliance inspections and functional testing of all
GDFs equipped with Enhanced Stage I or Stage I gasoline vapor recovery
systems. This subparagraph now allows either GA EPD personnel or
certified third-party testers to conduct annual compliance inspections
and functional testing. EPA is proposing to approve this change as it
expands the group of certified testers who can perform testing for
annual compliance inspections and functional testing.
EPA is proposing to approve 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.
III. Incorporation by Reference
In this document, EPA is proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, and as discussed in Sections I and
II of this preamble, EPA is proposing to incorporate by reference
Georgia Rule 391-3-1-.02(rr), ``Gasoline Dispensing Facility--Stage
I,'' with the exception of changes to subparagraph 391-3-
1-.02(2)(rr)16.(x). This regulation was state effective on October 25,
2021. 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).
IV. Proposed Action
EPA is proposing to approve the November 4, 2021, SIP revision to
incorporate the changes to Georgia's Stage I gasoline dispensing
facility rules into the Georgia SIP. Specifically, EPA
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is proposing to approve the 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 proposing to
approve these changes for the reasons discussed above.
V. 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 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 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.);
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); 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.''
Georgia 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, 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.
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: June 6, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-12580 Filed 6-12-23; 8:45 am]
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