Proposed Rule2024-10713
Air Plan Approval; GA; Revisions to the State Implementation Plan Gasoline Transport Vehicles and Vapor Collection System Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 17, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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).
Full Text
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<title>Federal Register, Volume 89 Issue 97 (Friday, May 17, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10713]
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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.
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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 <a href="http://regulations.gov">regulations.gov</a>. 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
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 <a href="/cdn-cgi/l/email-protection#b6d0c4d3c3d8d298c1d3c5c2d9d8f6d3c6d798d1d9c0"><span class="__cf_email__" data-cfemail="e98f9b8c9c878dc79e8c9a9d8687a98c9988c78e869f">[email protected]</span></a>.
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\
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\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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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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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.
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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
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