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[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Rules and Regulations]               
[Page 74624-74628]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de10-8]                         

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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.

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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

[[Page 74625]]

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\
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    \1\ While 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.
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    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\
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    \2\ The 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.
    \3\ The 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.
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    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. Sec.  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

[[Page 74626]]

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. Sec.  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 third-party 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

[[Page 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.);

[[Page 74628]]

     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.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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. Section 52.570(c) is amended by revising the entry for ``391-3-
1-.02(2)(zz)'' to read as follows:

Sec.  52.570  Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
                                                    State
       State citation           Title/Subject     effective  EPA approval date             Explanation
                                                    date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
391-3-1-.02(2)(zz)..........  Gasoline               1/9/05  12/1/10 [Insert    Exemption for initial fueling of
                               Dispensing                     citation of        vehicles equipped with ORVR
                               Facility--Stage                publication].      from Stage II requirements;
                               II.                                               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
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