74624 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(1) For all such compositions in the 

repertory of ASCAP, $301 annually. 

(2) For all such compositions in the 

repertory of BMI, $301 annually. 

(3) For all such compositions in the 

repertory of SESAC, $121 annually. 

* * * * * 

Dated: November 24, 2010. 

James Scott Sledge, 

Chief, U.S. Copyright Royalty Judge. 

[FR Doc. 2010–30060 Filed 11–30–10; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0113–201016(a); 

FRL–9234–4] 

Approval and Promulgation of 

Implementation Plans; Georgia: Stage 

II Vapor Recovery 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Georgia State Implementation Plan 

(SIP), submitted by the Georgia 

Environmental Protection Division (GA 

EPD) on September 26, 2006, with a 

clarifying revision submitted on 

November 6, 2006. The September 26, 

2006, submittal includes multiple 

modifications to Georgia’s Air Quality 

Rules found at Chapter 391–3–1. 

Previously, EPA took action on the 

majority of the September 26, 2006, 

submittal in an action published in the 

Federal Register on February 9, 2010. In 

today’s action, EPA is addressing only 

the portion of the September 26, 2006, 

submittal that relates to revisions to 

Georgia’s Stage II gasoline vapor 

recovery rule at 391–3–1–.02(zz). These 

revisions are part of Georgia’s strategy to 

meet the national ambient air quality 

standards (NAAQS). EPA has 

determined that these revisions are 

consistent with the December 12, 2006, 

EPA memorandum from Stephen D. 

Page entitled Removal of Stage II Vapor 

Recovery in Situations Where 

Widespread Use of Onboard Refueling 

Vapor Recovery is Demonstrated. EPA is 

approving Georgia’s SIP revisions 

pursuant to section 110 of the Clean Air 

Act (CAA or Act). 

DATES: This direct final rule is effective 

January 31, 2011 without further notice, 

unless EPA receives adverse comment 

by January 3, 2011. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number, ‘‘EPA– 

R04–OAR–2007–0113,’’ by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2007–0113,’’ 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID Number, ‘‘EPA–R04–OAR– 

2007–0113.’’ EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9029. 

Ms. Spann can also be reached via 

electronic mail at spann.jane@epa.gov. 

Table of Contents 

I. Background 

II. CAA and Georgia SIP Provisions 

III. Analysis of Georgia’s SIP Revisions 

IV. Final Action 

V. Statutory and Executive Order Reviews 

SUPPLEMENTARY INFORMATION:

I. Background 

A. Georgia’s Submittals 

On September 26, 2006, with a 

clarifying revision submitted on 

November 6, 2006, GA EPD submitted 

proposed SIP revisions to EPA for 

review and approval into the Georgia 

SIP. The September 26, 2006, submittal 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 74625 

1While this section focuses on the ozone status 

for the Atlanta Area, EPA considered the Atlanta 

Area’s status with regard to the other NAAQS in 

evaluating this revision. 

2The 20 county area designated nonattainment 

for the 1997 8-hour ozone NAAQS consists of 

Cherokee, Clayton, Cobb, Coweta, Dekalb, Douglas, 

Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding 

and Rockdale, Bartow, Barrow, Carroll, Hall, 

Newton, Spalding, and Walton—will be referred to 

as the ‘‘Atlanta 1997 8-Hour Ozone Area’’ 

throughout this rulemaking. 

3The primary and secondary ozone ambient air 

quality standards (for the 1997 8-hour ozone 

NAAQS) are met at an ambient air quality 

monitoring site when the 3-year average of the 

annual fourth-highest daily maximum 8-hour 

average ozone concentration is less than or equal to 

0.08 ppm. See 40 CFR part 50, Appendix I. 

included multiple modifications to 

Georgia’s Air Quality Rules found at 

Chapter 391–3–1. Previously, EPA took 

action on the majority of the September 

26, 2006, submittal in an action 

published in the Federal Register on 

February 9, 2010, which approved 

revisions to rules 391–3–1–.01(llll), 

391–3–1–.01(nnnn), 391–3–1–.–02(2)(d), 

391–3–1–.02(2)(tt), 391–3–1–.02(2)(yy), 

391–3–1–.02(2)(rrr), 391–3–1–.02(4), 

391–3–1–.02(5), 391–3–1–.03(6)(b), 391– 

3–1–.03(6)(j), 391–3–1–.03(11)(b)3(i), 

391–3–1–.03(11)(b)5(i), and 391–3–1– 

.05. 75 FR 6309. In today’s action, EPA 

is approving only the portion of the 

September 26, 2006, submittal (as 

clarified in a November 6, 2006, 

submittal) that relates to revisions to 

Georgia’s Stage II gasoline vapor 

recovery rule at 391–3–1–.02(2)(zz). 

Action on the remaining portions of 

the September 26, 2006, SIP revision is 

still under consideration, and will be 

addressed in separate actions. EPA is 

not acting on revisions to rules 391–3– 

1–.01(qqqq), 391–3–1–.02(2)(mmm), 

391–3–1–.02(6)(a), 391–3–1–.03(6)(g), 

and 391–3–1–.03(6)(i) at this time. EPA 

is also not taking action on revisions to 

rule 391–3–1–02(2)(ooo), as Georgia has 

submitted a revised version of this rule. 

Additionally, EPA is not acting on 

revisions to rules 391–3–1–.02(ppp), 

391–3–1–.02(8)(a), 391–3–1–.02(9), 391– 

3–1–.03(9), 391–3–1–.03(10)(b)2, 391–3– 

1–.03(10)(e)(6), and 391–3–1– 

.03(10)(g)2, as they are not part of the 

Federally-approved SIP. 

B. Atlanta Area Ozone NAAQS Status 1

Effective January 6, 1992, 13 counties 

in and around Atlanta, Georgia 

(Cherokee, Clayton, Cobb, Coweta, 

Dekalb, Douglas, Fayette, Forsyth, 

Fulton, Gwinnett, Henry, Paulding and 

Rockdale) were designated ‘‘serious’’ 

nonattainment for the 1-hour ozone 

NAAQS (hereafter referred to as the 

‘‘Atlanta 1-Hour Area’’). 56 FR 56694. 

The original attainment date for the 

Atlanta 1-Hour Area to attain the 1-hour 

ozone NAAQS was no later than 

November 15, 1999. However, the 

Atlanta 1-Hour Area did not attain the 

1-hour ozone NAAQS by that time. 

Because Atlanta failed to attain the 

1-hour ozone NAAQS by November 15, 

1999, EPA issued a final rulemaking 

action on September 26, 2003 (68 FR 

55469) determining that, by operation of 

law, the Atlanta 1-Hour Area was being 

reclassified as a severe ozone 

nonattainment area effective January 1, 

2004. Subsequently, effective June 14, 

2005, the Atlanta 1-Hour Area was 

redesignated to attainment for the 

1-hour ozone NAAQS. 70 FR 34660. 

Before being redesignated to 

attainment for the 1-hour ozone NAAQS 

however, effective June 15, 2004, the 

original 13 counties, and an additional 

7 surrounding counties (Bartow, 

Barrow, Carroll, Hall, Newton, Spalding, 

and Walton),2 were designated as a 

‘‘marginal’’ ozone nonattainment for the 

1997 8-hour ozone NAAQS (hereafter 

referred to as the ‘‘Atlanta 1997 8-Hour 

Ozone Area’’). 69 FR 23858. The Atlanta 

1997 8-Hour Ozone Area was initially 

classified ‘‘marginal’’ based on a design 

value of 0.091 parts per million (ppm) 

with an attainment date of June 15, 

2007. The Atlanta 1997 8-Hour Ozone 

Area failed to attain the 1997 8-hour 

ozone NAAQS by the June 15, 2007, 

deadline. Subsequently, on March 6, 

2008, the Atlanta 1997 8-Hour Ozone 

Area was reclassified from a ‘‘marginal’’ 

to ‘‘moderate’’ 8-hour ozone 

nonattainment area. The Atlanta 1997 

8-Hour Ozone Area remains designated 

as moderate ozone nonattainment area, 

and has a 2007–2009 design value of 

0.087 ppm.3

Effective May 27, 2008, EPA 

strengthened the 8-hour ozone NAAQS 

by revising it to 0.075 ppm. 73 FR 

16436. Consistent with a directive of the 

new Administration regarding the 

review of new and pending regulations, 

the Administrator reviewed a number of 

actions that were taken by the previous 

Administration. 74 FR 4435. The 2008 

8-hour ozone NAAQS final rule was 

included in this review. Based on EPA’s 

reconsideration, on January 19, 2010, 

EPA proposed to set different primary 

and secondary ozone NAAQS than 

those set in 2008, to provide requisite 

protection of public health and welfare, 

respectively. 75 FR 2938. Initially, EPA 

expected these NAAQS to become final 

by August 31, 2010, but now expects 

them to be finalized later in 2010. 

Today’s rulemaking does not address 

requirements for the revised or 

reconsidered 2008 or proposed 2010 

8-hour ozone NAAQS. 

II. CAA and Georgia SIP Provisions 

A. Gasoline Vapor Recovery Provisions 

Georgia’s Stage II gasoline vapor 

recovery rule prohibits any person from 

constructing or reconstructing a gasoline 

dispensing facility unless the ‘‘facility is 

equipped and operating with a vapor 

recovery system to recover the 

displacement vapors from the vehicle’s 

gasoline storage tank.’’ Rule 391–3–1– 

.02(2)(zz)(1). The vapor recovery system 

must have a demonstrated 95 percent by 

weight or greater volatile organic 

compound (VOC) control efficiency, as 

demonstrated by California Air 

Resources Board (CARB), or equivalent 

test procedures and methods. Rule 391– 

3–1–.02(2)(zz)(3). 

Today’s action approves revisions to 

Georgia’s Stage II gasoline vapor 

recovery rule at 391–3–1–.02(2)(zz). 

This rule was initially developed by the 

State of Georgia, and submitted to EPA 

for approval to comply with Section 182 

of the CAA. Section 182(b)(3) of the 

CAA calls for States with ‘‘moderate’’ 

ozone nonattainment areas to submit 

revisions to their SIPs requiring all 

owners or operators of gasoline 

dispensing systems to install and 

operate a system for gasoline vapor 

recover of emissions from the fueling of 

motor vehicles. 42 U.S.C. 7511a(b)(3). 

Sections 182(c), 182(d) and 182(e) of the 

CAA apply this requirement to States 

with ‘‘serious,’’ ‘‘severe’’ and ‘‘extreme’’ 

ozone nonattainment areas as well. 42 

U.S.C. § 7511a(c), (d), and (e). 

Accordingly, as a serious ozone 

nonattainment area, Georgia submitted 

its initial Stage II gasoline vapor 

recovery rule at 391–3–1–.02(2)(zz) on 

November 13, 1992, to EPA for initial 

approval. EPA approved Georgia’s 

gasoline vapor rule into the Georgia SIP 

on February 2, 1996. 61 FR 3819. 

B. CAA Onboard Refueling Vapor 

Recovery (ORVR) Provisions 

Generally speaking, the scheme set up 

by the CAA anticipates that ORVR may 

replace Stage II systems. VOC 

emissions, which are precursors of 

ozone, are emitted by fueling vehicles 

but these emissions are mitigated by 

both Stage II vapor recovery systems 

and by use of vehicles equipped with 

ORVR. Both ORVR and Stage II systems 

operate to control VOC emissions 

during motor vehicle fueling. Stage II 

vapor recovery systems are installed at 

the gasoline dispensing facility, while 

ORVR is installed within the motor 

vehicle itself. 

The Stage II vapor recovery provisions 

of CAA section 182(b)(3) ‘‘shall not 

apply’’ to ‘‘moderate’’ ozone 

nonattainment areas after EPA 

WReier-Aviles on DSKGBLS3C1PROD with RULES

74626 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

promulgates ORVR standards. 42 U.S.C. 

7521(a)(6). According to 40 CFR 

51.905(a)(1)(i), Atlanta remains subject 

to the obligation to implement the 

applicable requirements as defined in 

51.900(f) which include Stage II Vapor 

Recovery (51.900(f)(5)), except as 

provided in 40 CFR 51.905(b). 40 CFR 

51.905(b) requires that a State remain 

subject to Stage II Vapor Recovery (and 

other 51.900(f) requirements) until the 

area attains the 8-hour NAAQS. After 

the area attains the 8-hour NAAQS, the 

State may request such obligations be 

shifted to contingency measures, 

consistent with sections 110(l) and 193 

of the CAA; however, the State cannot 

remove the obligations from the SIP. As 

stated earlier, since Georgia is not 

‘‘removing the obligation’’ but is instead 

revising the Stage II requirements for a 

certain portion of the fleet, as explained 

in this direct final rule, this revision is 

consistent with 40 CFR 51.905(a)(1)(i). 

On April 6, 1994, EPA issued final 

regulations requiring the phase-in of 

ORVR emissions control systems on 

new motor vehicles, requiring a 

minimum of 95 percent evaporative 

emission capture efficiency. 59 FR 

16262. For ozone nonattainment areas 

classified as ‘‘serious’’ or above, the CAA 

allows EPA to revise or waive the 

Section 182(b)(3) Stage II gasoline vapor 

recovery rules, after determining ORVR 

emissions control systems are in 

widespread use throughout the motor 

vehicle fleet. 42 U.S.C. § 7521(a)(6). This 

determination of widespread use has 

not yet been made for the entire fleet; 

however, EPA has issued a guidance on 

December 12, 2006, entitled Removal of 

Stage II Vapor Recovery in Situations 

Where Widespread Use of Onboard 

Refueling Vapor Recovery is 

Demonstrated. More discussion on how 

this guidance relates to today’s action 

can be found in section II.B.3 of this 

rulemaking. While this action is 

supported by EPA’s policies regarding 

ORVR, the revision must also meet the 

requirements of CAA section 110(l). See 

below for more information on CAA 

section 110(1) and its relation to 

Georgia’s SIP revision. 

C. CAA Section 110(l) 

EPA’s primary consideration for 

determining the approvability of 

Georgia’s request is whether this 

requested action complies with section 

110(l) of the CAA which states: 

Plan Revision—Each revision to an 

implementation plan submitted by a State 

under this chapter shall be adapted by such 

State after reasonable notice and public 

hearing. The Administrator shall not approve 

a revision of a plan if the revision would 

interfere with any applicable requirement 

concerning attainment and reasonable further 

progress (as defined in section 7501 of this 

title), or any other applicable requirement of 

this chapter. 

Thus, while ‘‘moderate’’ ozone 

nonattainment areas are not required to 

implement Stage II vapor recovery 

programs after promulgation of ORVR 

standards, if these areas already have 

Stage II vapor recovery programs in the 

SIPs, such programs cannot be revised 

or removed unless the revision or 

removal of such program from the SIP 

would not interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement under the CAA. 

42 U.S.C. 7410(l). EPA’s March 9, 1993, 

memorandum entitled Impact of the 

Recent Onboard Decision on Stage II 

Requirements in Moderate 

Nonattainment Areas, states ‘‘When 

onboard rules are promulgated, a State 

may withdraw its stage II rules for 

moderate areas from the SIP (or from 

consideration as a SIP revision) 

consistent with its obligation under 

sections 182(b)(3) and 202(a)(6), so long 

as withdrawal will not interfere with 

any other applicable requirement of the 

Act.’’ While Georgia’s SIP revisions do 

not remove Stage II requirements for the 

Atlanta ozone moderate area, it does 

revise the Stage II requirements for a 

certain portion of the fleet. 

III. Analysis of Georgia’s SIP Revisions 

On September 26, 2006, GA EPD 

submitted a proposed SIP revision to 

EPA for approval into the Georgia SIP. 

A clarifying revision was submitted on 

November 6, 2006. The first change 

being proposed for approval today is to 

Georgia Air Quality Rule 391–3–1– 

.02(2)(zz)3(i)(1). If certain conditions are 

met, this change will allow certification 

of Stage II equipment using certification 

procedures other than the CARB 

procedures, as previously required. 

Today, EPA is also taking action to 

approve the component of the 

September 26, 2006, submittal (as 

clarified in the November 6, 2006, 

submittal) that modifies Georgia Air 

Quality Rule, Chapter 391–3–1–.02, 

paragraph (2) ‘‘Emission Limitations and 

Standards,’’ subparagraph (zz) ‘‘Gasoline 

Dispensing Facilities—Stage II.’’ As 

explained above, this rule was initially 

approved by EPA into the Georgia SIP 

on February 2, 1996, and requires 

owners or operators of gasoline 

dispensing systems to install and 

operate Stage II gasoline vapor recovery 

systems to recover the vapors from the 

fueling of motor vehicles. The current 

Georgia Air Quality Rule at 391–3–1– 

.02(2)(zz)2, exempts facilities used 

exclusively for the re-fueling of vehicles 

equipped with ORVR equipment. This 

exemption is being expanded today to 

cover initial fueling as well. Now, 

facilities used exclusively for the initial 

fueling and/or re-fueling of vehicles 

equipped with ORVR equipment are 

exempt. EPA’s analysis of these two 

changes is discussed below. 

A. Federal Requirements for Stage II 

As previously mentioned in this 

rulemaking, States were required to 

adopt Stage II rules for all areas 

classified as ‘‘moderate’’ or worse under 

section 182(b)(3) of the CAA. However, 

section 202(a)(6) of the CAA states that 

‘‘the requirements of section 182(b)(3) 

(relating to Stage II gasoline vapor 

recovery) for areas classified under 

section 181 as moderate for ozone shall 

not apply after promulgation of such 

standards.’’ ORVR regulations were 

issued by EPA on April 6, 1994. See 59 

FR 16262, 40 CFR 86.001 and 40 CFR 

86.098). As a result, the CAA no longer 

requires moderate areas to impose Stage 

II controls under section 182(b)(3), and 

such areas may seek SIP revisions to 

remove such requirements from their 

SIP, subject to section 110(l) of the Act. 

B. Section 110(l) Noninterference 

Demonstration 

Under CAA section 110(l), Stage II 

vapor recovery programs cannot be 

revised or removed unless it is 

demonstrated that revision or removal 

of such program from the SIP would not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement under the CAA. 

42 U.S.C. 7410(l). While Georgia’s 

September 26, 2006, and November 6, 

2006, SIP revisions are not requesting 

the withdrawal of its Stage II rule for the 

Atlanta Area, these SIP revisions are 

requesting revisions to Georgia’s Stage II 

requirements, and thus these revisions 

must be shown to satisfy 110(l) of the 

CAA. 

1. CAA Section 110(l) Demonstration for 

Revision to Georgia Air Quality Rule 

391–3–1–.02(2)(zz)(3)—CARB 

Georgia’s September 26, 2006, 

revision changes Georgia Air Quality 

Rule 391–3–1–.02(2)(zz)(3) to allow 

mixing of equipment components under 

separate, non-CARB certification 

procedures when supported by the 

manufacturer or independent thirdparty certification that the configuration 

meets or exceeds the applicable 

performance standards and has received 

prior written approval by GA EPD. The 

State has requested the rule change to 

allow the maintenance of existing Stage 

II systems with certified components by 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 74627 

a third party other than CARB. This 

change is needed because the CARB 

discontinued its certification of Stage II 

components upon implementation of a 

new vapor recovery system in 

California. Many components of 

California’s new vapor recovery system 

are not compatible with Stage II 

systems. Stage II components that need 

replacing may not be able to be replaced 

with components from California’s new 

vapor recovery system. Since CARB 

discontinued certification of Stage II 

components, it takes a third party or 

manufacturer to test and verify Stage II 

systems. This rule change will enable 

existing Stage II systems in Georgia to be 

maintained and have components 

replaced as needed, without having to 

convert the entire systems from Stage II 

to California’s new vapor recovery 

system. The change requires Stage II 

components to continue to be certified, 

but allows certification through a third 

party, or through the manufacturer, 

upon prior written approval by GA EPD. 

This rule change is approvable because 

it merely allows for third party 

certification other than CARB and no 

emissions changes are expected to result 

from this revision. 

2. CAA Section 110(l) Demonstration for 

Revision to Georgia Air Quality Rule 

391–3–1–.02(2)(zz)(1)—Initial Fueling of 

Vehicles With ORVR 

The revisions being approved today 

exclude from Georgia’s Stage II vapor 

recovery program the initial fueling of 

vehicles equipped with ORVR, stating 

‘‘[t]he requirements of this subsection 

shall not apply to facilities * * * used 

exclusively for the initial fueling and/or 

re-fueling of vehicles equipped with 

onboard refueling vapor recovery 

(ORVR) equipment.’’ Georgia Air Quality 

Rule 391–3–1–.02(2)(zz)(1) (underlined 

text is being added to current rule). 

Georgia has confirmed that 100 percent 

of vehicles contemplated by their rule 

for initial refueling would be equipped 

with ORVR. 

This SIP revision is approvable 

because all the vehicles whose initial 

fueling is being excluded from Stage II 

vapor recovery rules are equipped with 

ORVR, an equivalent vapor recovery 

system. Both Stage II and ORVR systems 

must demonstrate a 95 percent or 

greater VOC control efficiency; thus, 

there will be no increase in emissions as 

a result of these SIP revisions. 

Therefore, these revisions will not 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement under the CAA. 

3. EPA Guidance on Widespread ORVR 

Use 

These revisions are consistent with 

EPA guidance set forth in a December 

12, 2006 memorandum from Stephen D. 

Page entitled Removal of Stage II Vapor 

Recovery in Situations Where 

Widespread Use of Onboard Refueling 

Vapor Recovery is Demonstrated (Page 

Memorandum). In relevant part, the 

Page Memorandum states that if a SIP 

revision demonstrates that 95 percent of 

the new vehicles fueled at an 

automobile assembly plant are equipped 

with ORVR, and that this level of ORVR 

use would not decrease, then EPA can 

determine that widespread use of ORVR 

has been achieved for the fleet of motor 

vehicles that are fueled at that facility. 

Page Memorandum, page 2. The 

December 12, 2006, memorandum also 

explains that ‘‘any EPA SIP approval 

would also be subject to the CAA 

section 110(l) requirement that the 

revision not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other requirement of 

the CAA.’’ December 12, 2006, 

memorandum, page 3. As explained 

above, for ozone nonattainment areas 

‘‘worse’’ than ‘‘moderate,’’ the CAA 

allows EPA to revise or waive the 

Section 182(b)(3) Stage II gasoline vapor 

recovery rules, after determining ORVR 

emissions control systems are in 

widespread use throughout the motor 

vehicle fleet. 42 U.S.C. 7521(a)(6). 

Georgia revised its Stage II vapor 

recovery rules to exclude initial fueling 

of motor vehicles equipped with ORVR. 

Under Georgia’s changes, the only 

vehicles excluded from Stage II vapor 

recovery rules are vehicles equipped 

with ORVR. Because 100 percent of the 

vehicles subject to Georgia’s rule 

changes, the criteria for widespread use 

for this fleet of vehicles is achieved. 

Georgia’s rule changes for Stage II are 

consistent with the CAA, implementing 

regulations, guidance, including the 

Page Memorandum, and EPA’s action in 

other similar situations. See 74 FR 

26103 (approving removal of Stage II 

vapor control requirements for new and 

upgraded gasoline dispensing facilities 

in southeast Florida area); and 71 FR 

52464 (approving removal of Stage II 

vapor recovery systems at Ford’s 

Chicago Assembly Plant). 

IV. Final Action 

EPA is taking direct final action to 

approve into the Georgia SIP, the 

aforementioned revisions to Georgia’s 

Stage II vapor recovery rule at 391–3–1– 

.02(2)(zz), submitted by GA EPD on 

September 26, 2006, and November 6, 

2006. Today’s revisions exclude initial 

fueling of motor vehicles equipped with 

ORVR from the Stage II vapor recovery 

rules; and allows mixing of Stage II 

equipment components under separate, 

non-CARB certification procedures 

when supported by the manufacturer or 

independent third-party certification 

that the configuration meets or exceeds 

the applicable performance standards 

and has received prior written approval 

by GA EPD. These revisions are 

consistent with EPA guidance and the 

CAA. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective January 31, 2011 

without further notice unless the 

Agency receives adverse comments by 

January 3, 2011. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on January 31, 

2011 and no further action will be taken 

on the proposed rule. 

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 

Act and applicable Federal regulations. 

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 proposed 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

WReier-Aviles on DSKGBLS3C1PROD with RULES

74628 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations 

• 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, this rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not 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 January 31, 2011. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: November 10, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart L—Georgia 

■ 2. Section 52.570(c) is amended by 

revising the entry for ‘‘391–3–1– 

.02(2)(zz)’’ to read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED GEORGIA REGULATIONS

State citation Title/Subject 

State 

effective 

date 

EPA approval date Explanation 

*******

391–3–1–.02(2)(zz) .... Gasoline Dispensing Facility—Stage II.1/9/05 12/1/10 [Insert citation of 

publication].

Exemption for initial fueling of vehicles equipped 

with ORVR from Stage II requirements; allowing 

mixing of Stage II components when supported 

by third party certification and prior written approval of GA EPD. 

*******

* * * * * 

[FR Doc. 2010–30119 Filed 11–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0095; FRL–8851–6] 

Tristyrylphenol Ethoxylates; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of poly (oxy-1,2- 

ethanediyl), a-[tris(1- 

phenylethyl)phenyl]-w-hydroxy-, (CAS 

Reg. No. 99734–09–5), here in referred 

to as tristyrylphenol ethoxylate, when 

used as an inert ingredient post-harvest 

as a surfactant under 40 CFR 180.910 

with a maximum of 15 percent by 

WReier-Aviles on DSKGBLS3C1PROD with RULES