42076 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules 

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. 

Docket: All documents in the 

electronic docket are listed in the 

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 www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

email at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, ‘‘Revision to 

the Definition of Volatile Organic 

Compounds,’’ that is located in the 

‘‘Rules and Regulations’’ section of this 

Federal Register publication. 

Dated: July 7, 2015. 

William C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2015–17384 Filed 7–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0113; FRL–9929–82– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Georgia; 

Removal of Stage II Gasoline Vapor 

Recovery Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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), on January 22, 2015, to remove 

Stage II vapor control requirements for 

new and upgraded gasoline dispensing 

facilities in the State and to allow for 

the decommissioning of existing Stage II 

equipment. EPA has preliminarily 

determined that Georgia’s January 22, 

2015, SIP revision is approvable because 

it is consistent with the Clean Air Act 

(CAA or Act). 

DATES: Written comments must be 

received on or before August 17, 2015. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0113, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: R4–ARMS@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2015–0113’’ 

Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

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: Lynorae 

Benjamin, Chief, Air Regulatory 

Management Section, Air Planning and 

Implementation 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 No. EPA–R04–OAR–2015– 

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 

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 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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 

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 www.regulations.gov or 

in hard copy at the Air Regulatory 

Management Section, Air Planning and 

Implementation 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules 42077 

1On September 26, 2003 (effective January 1, 

2004), the Atlanta 1-Hour Ozone Area was 

reclassified to ‘‘severe’’ for the 1-hour ozone 

NAAQS because the Area failed to attain the 1-hour 

ozone NAAQS by its attainment date of November 

15, 1999. See 68 FR 55469. 

2Stage II is a system designed to capture 

displaced vapors that emerge from inside a 

vehicle’s fuel tank, when gasoline is dispensed into 

the tank. There are two basic types of Stage II 

systems, the balance type and the vacuum assist 

type. 

3On April 30, 2004, EPA designated the 

following 20 counties in and around metropolitan 

Atlanta as a marginal ozone nonattainment area for 

the 1997 8-hour ozone NAAQS: Barrow, Bartow, 

Carroll, Cherokee, Clayton, Cobb, Coweta, DeKalb, 

Douglas, Fayette, Forsyth, Fulton, Gwinnett, Hall, 

Henry, Newton, Paulding, Rockdale, Spalding, and 

Walton. See 69 FR 23858. Subsequently, EPA 

reclassified these counties as a moderate ozone 

nonattainment area on March 6, 2008, because the 

area failed to attain the 1997 8-hour ozone NAAQS 

by the required attainment date of June 15, 2007. 

See 73 FR 12013. Subsequently, the area attained 

the 1997 8-hour ozone standard, and on December 

2, 2013, EPA redesignated the counties to 

attainment for the 1997 8-hour ozone NAAQS. See 

78 FR 72040. 

4On May 21, 2012, EPA published a final rule 

designating the following 15 counties in and around 

metropolitan Atlanta as a marginal ozone 

nonattainment area for the 2008 8-hour ozone 

NAAQS: Bartow, Cherokee, Clayton, Cobb, Coweta, 

DeKalb, Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Henry, Newton, Paulding, and Rockdale. 

See 77 FR 30088. 

5Section 183(b)(3) states that all ozone 

nonattainment areas classified as moderate or above 

submit a SIP revision requiring owners or operators 

of gasoline dispensing systems to install and 

operate vapor recovery equipment at their facilities. 

Specifically, the CAA specifies that the Stage II 

must apply to any facility that dispenses more than 

10,000 gallons of gasoline per month or, in the case 

of an independent small business marketer (ISBM), 

any facility that dispenses more than 50,000 gallons 

of gasoline per month. Section 324 of the CAA 

defines an ISBM. Additionally, the CAA specified 

the deadlines by which certain facilities must 

comply with the Stage II requirements. For facilities 

that are not owned or operated by an ISBM, these 

deadlines, calculated from the time of State 

adoption of the Stage II requirements, are: (1) 6 

Months for facilities for which construction began 

after November 15, 1990, (2) 1 year for facilities that 

dispense greater than 100,000 gallons of gasoline 

per month, and (3) by November 15, 1994, for all 

other facilities. For ISBM’s, section 324(a) of the 

CAA provides the following three-year phase-in 

period: (1) 33 Percent of the facilities owned by an 

ISBM by the end of the first year after the 

regulations take effect; (2) 66 percent of such 

facilities by the end of the second year; and (3) 100 

percent of such facilities after the third year. 

6ORVR is a system employed on gasolinepowered highway motor vehicles to capture 

gasoline vapors displaced from a vehicle fuel tank 

during refueling events. These systems are required 

under section 202(a)(6) of the CAA and 

implementation of these requirements began in the 

1998 model year. Currently they are now used on 

all gasoline-powered passenger cars, light trucks 

and complete heavy trucks of less than 14,000 

pounds GVWR. ORVR systems typically employ a 

liquid file neck seal to block vapor escape to the 

atmosphere and otherwise share many components 

with the vehicles’ evaporative emission control 

system including the onboard diagnostic system 

sensors. 

7Memorandum from John S. Seitz, Director, 

Office of Air Quality Planning and Standards, to 

EPA Regional Air Directors, Impact of the Recent 

Onboard Decision on Stage II Requirements in 

Moderate Areas (March 9, 1993), available at: http:// 

www.epa.gov/ttn/naaqs/aqmguide/collection/cp2/

19930309_seitz_onboard_impact_stage2_.pdf. 

8Under CAA section 202(a)(6), EPA found that 

ORVR systems are in widespread use in the motor 

vehicle fleet and waived the CAA section 182(b)(3) 

Stage II vapor recovery requirement for serious and 

higher ozone nonattainment areas on May 16, 2012 

(77 FR 28772). Thus, in its implementation rule for 

the 2008 ozone NAAQS, EPA removed the section 

182(b)(3) Stage II requirement from the list of 

applicable requirements in 40 CFR 51.1100(o). See 

80 FR 12264 (March 6, 2015) for additional 

information. 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Sheckler’s phone number is (404) 562– 

9222. She can also be reached via 

electronic mail at sheckler.kelly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background for Atlanta’s Air Quality 

Status Related to the 1-Hour Ozone 

NAAQS 

On November 6, 1991, EPA 

designated and classified the following 

counties in and around the Atlanta, 

Georgia, metropolitan area as a serious 

ozone nonattainment area for the 1-hour 

ozone NAAQS (hereinafter referred to as 

the ‘‘Atlanta 1-Hour Ozone Area’’ or 

‘‘Area’’): Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, 

Paulding, and Rockdale.1 See 56 FR 

56694. The nonattainment designation 

was based on the Atlanta 1-Hour Ozone 

Area’s design value for the 1987–1989 

three-year period. The ‘‘serious’’ 

classification triggered various statutory 

requirements for the Atlanta 1-Hour 

Ozone Area, including the requirement 

pursuant to section 182(b)(3) of the CAA 

for the Area to require all owners and 

operators of gasoline dispensing systems 

to install and operate a system for 

gasoline vapor recovery of emissions 

from the fueling of motor vehicles 

known as ‘‘Stage II.’’ 2 EPA redesignated 

the Atlanta 1-Hour Ozone Area to 

attainment for the 1-hour ozone 

NAAQS, effective June 14, 2005.3 4 See 

70 FR 34660 (June 15, 2005). 

II. Background for Federal Stage II 

Requirements 

Under section 182(b)(3) of the CAA, 

each state was required to submit a SIP 

revision to implement Stage II for all 

ozone nonattainment areas classified as 

moderate, serious, severe, or extreme, 

primarily for the control of volatile 

organic compounds (VOC)—a precursor 

to ozone formation.5 However, section 

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

section 182(b)(3) Stage II requirements 

for moderate ozone nonattainment areas 

shall not apply after the promulgation of 

on-board vapor recovery (ORVR) 

standards.6 ORVR standards were 

promulgated by EPA on April 6, 1994. 

See 59 FR 16262 and 40 CFR parts 86 

(including sections 86.098–8), 88 and 

600. As a result, the CAA no longer 

requires moderate areas to impose Stage 

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

such areas were able to submit SIP 

revisions, in compliance with section 

110(l) of the CAA, to remove Stage II 

requirements from their SIPs. EPA’s 

policy memoranda related to ORVR, 

dated March 9, 1993, and June 23, 1993, 

provide further guidance on removing 

Stage II requirements from certain areas. 

The policy memorandum dated March 

9, 1993, states that ‘‘[w]hen onboard 

rules are promulgated, a State may 

withdraw its Stage II rules for moderate 

areas from the SIP (or from 

consideration as a SIP revisions) 

consistent with its obligations under 

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

as withdrawal will not interfere with 

any other applicable requirement of the 

Act.’’ 7

CAA section 202(a)(6) also provides 

discretionary authority to the EPA 

Administrator to, by rule, revise or 

waive the section 182(b)(3) Stage II 

requirement for serious, severe, and 

extreme ozone nonattainment areas after 

the Administrator determines that 

ORVR is in widespread use throughout 

the motor vehicle fleet. On May 16, 

2012, in a rulemaking entitled ‘‘Air 

Quality: Widespread Use for Onboard 

Refueling Vapor Recovery and Stage II 

Waiver,’’ EPA determined that ORVR 

technology is in widespread use 

throughout the motor vehicle fleet for 

purposes of controlling motor vehicle 

refueling emissions. See 77 FR 28772. 

By that action, EPA waived the 

requirement for states to implement 

Stage II gasoline vapor recovery systems 

at gasoline dispensing facilities in 

nonattainment areas classified as 

serious and above for the ozone 

NAAQS. Effective May 16, 2012, states 

implementing mandatory Stage II 

programs under section 182(b)(3) of the 

CAA were allowed to submit SIP 

revisions to remove this program. See 40 

CFR 51.126(b).8 On April 7, 2012, EPA 

released the guidance entitled 

‘‘Guidance on Removing Stage II 

Gasoline Vapor Control Programs from 

State Implementation Plans and 


tkelley on DSK3SPTVN1PROD with PROPOSALS
42078 Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules 

9This guidance document is available at: http:// 

www.epa.gov/groundlevelozone/pdfs/

20120807guidance.pdf. 

10CAA section 193 is not relevant because 

Georgia’s Stage II rule was not included in the SIP 

before the 1990 CAA amendments. 

11EPA, Guidance on Removing Stage II Gasoline 

Vapor Control Programs from State Implementation 

Plans and Assessing Comparable Measures, EPA– 

457/B–12–001 (Aug. 7, 2012), available at: http://

www.epa.gov/groundlevelozone/pdfs/

20120807guidance.pdf. This guidance document 

notes that ‘‘the potential emission control losses 

from removing Stage II VRS are transitional and 

relatively small. ORVR-equipped vehicles will 

continue to phase in to the fleet over the coming 

years and will exceed 80 percent of all highway 

gasoline vehicles and 85 percent of all gasoline 

dispensed during 2015. As the number of these 

ORVR-equipped vehicles increase, the control 

attributed to Stage II VRS will decrease even 

further, and the potential foregone Stage II VOC 

emission reductions are generally expected to be no 

more than one percent of the VOC inventory in the 

area.’’ 

12Several counties in and around metropolitan 

Atlanta are currently designated nonattainment for 

the 1997 Annual fine particulate matter (PM2.5) 

standard. While VOC is one of the precursors for 

particulate matter (NAAQS) formation, studies have 

indicated that, in the southeast, emissions of direct 

PM2.5 and the precursor sulfur oxides are more 

significant to ambient summertime PM2.5

concentrations than emissions of nitrogen oxides 

and anthropogenic VOC. See, e.g., Journal of 

Environmental Engineering—Quantifying the 

sources of ozone, fine particulate matter, and 

regional haze in the Southeastern United States 

(June 24, 2009), available at: http://

www.journals.elsevier.com/journalofenvironmental-management. Currently, counties 

in and around metropolitan Atlanta are not 

designated nonattainment for any of the other 

criteria pollutants (i.e., sulfur dioxide, nitrogen 

dioxide, lead or carbon monoxide) and those 

pollutants are not affected by the removal of Stage 

II requirements. 

13Compatibility problems can result in an 

increase in emissions from the underground storage 

tank (UST) vent pipe and other system fugitive 

emissions related to the refueling of ORVR vehicles 

with some types of vacuum assist-type Stage II 

systems. This occurs during refueling an ORVR 

vehicle when the vacuum assist system draws fresh 

air into the UST rather than an air vapor mixture 

from the vehicle fuel tank. Vapor flow from the 

vehicle fuel tank is blocked by the liquid seal in the 

fill pipe which forms at a level deeper in the fill 

pipe than can be reached by the end of the nozzle 

spout. The fresh air drawn into the UST enhances 

gasoline evaporation in the UST which increases 

pressure in the UST. Unless it is lost as a fugitive 

emission, any tank pressure in excess of the rating 

of the pressure/vacuum valve is vented to the 

atmosphere over the course of a day. Due to the 

increased use of ORVR, a disbenefit will exist until 

Stage II is removed in the Atlanta Area. 

Assessing Comparable Measures’’ for 

states to consider in preparing their SIP 

revisions to remove existing Stage II 

programs from state implementation 

plans.9

III. Background for Georgia’s Stage II 

Requirements for Atlanta 

On November 13, 1992, the State of 

Georgia submitted a SIP revision to 

address the Stage II requirements for the 

Atlanta 1-Hour Ozone Area. EPA 

approved that SIP revision, containing 

Georgia’s Stage II rule (Georgia Rule 

391–3–1–.02(2)(zz)—Gasoline 

Dispensing Facilities-Stage II) in a 

notice published on February 2, 1996. 

See 61 FR 3819. Georgia’s Stage II rule, 

as currently incorporated into the SIP, 

requires that Stage II systems be tested 

and certified to meet a 95 percent 

emission reduction efficiency by using a 

system approved by the California Air 

Resources Board (CARB). The rule 

requires sources to verify proper 

installation and function of Stage II 

equipment through use of a liquid 

blockage test and a leak test prior to 

system operation and every five years or 

upon major modification of a facility 

(i.e., 75 percent or more equipment 

change). The State also established an 

inspection program consistent with that 

described in EPA’s Stage II guidance 

and has established procedures for 

enforcing violations of the Stage II 

requirements. 

IV. Analysis of the State’s Submittal 

On January 22, 2015, Georgia 

submitted a SIP revision to EPA with a 

request to modify its Stage II rule, 

Georgia Rule 391–3–1–.02(2)(zz)— 

Gasoline Dispensing Facilities-Stage II, 

in the State’s implementation plan. 

These modifications would remove 

Stage II vapor control requirements for 

new and upgraded gasoline dispensing 

facilities in the State and allow for the 

decommissioning of existing Stage II 

equipment. 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.10

Section 110(l) requires that a revision 

to the SIP not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (as defined in section 171), or 

any other applicable requirement of the 

Act. EPA evaluates each section 110(l) 

noninterference demonstration on a 

case-by-case basis considering the 

circumstances of each SIP revision. EPA 

interprets 110(l) as applying to all 

NAAQS that are in effect, including 

those that have been promulgated but 

for which the EPA has not yet made 

designations. The degree of analysis 

focused on any particular NAAQS in a 

noninterference demonstration varies 

depending on the nature of the 

emissions associated with the proposed 

SIP revision. EPA’s analysis of Georgia’s 

January 22, 2015, SIP revision pursuant 

to section 110(l) is provided below. 

In its January 22, 2015, SIP revision, 

GA EPD used EPA’s guidance entitled 

‘‘Guidance on Removing Stage II 

Gasoline Vapor Control Programs from 

State Implementation Plans and 

Assessing Comparable Measures,’’ to 

conduct a series of calculations to 

determine the potential impact of 

removing the Stage II program on air 

quality.11 GA EPD’s analysis focused on 

VOC emissions because, as mentioned 

above, Stage II requirements affect VOC 

emissions and because VOCs are a 

precursor for ozone formation.12 The 

results of GA EPD’s analysis is provided 

in the table below. 

TABLE—VOC EMISSIONS DIFFERENCE

BETWEEN STAGE II VRS IN PLACE

AND REMOVED

Year 

VOC 

emissions 

(tons per day) 

2008 ...................................... N/A 

2012 ...................................... N/A 

2013 ...................................... N/A 

2014 ...................................... +0.92 

2015 ...................................... +0.37 

2016 ...................................... ¥0.085 

In summary, GA EPD compared the 

VOC emissions with the continued 

implementation of the Stage II program 

and to the VOC emissions with only 

ORVR controls in place. GA EPD’s 

analysis estimated that during the 

phase-out of Stage II there would be a 

small increase of 0.92 tpd in 2014, 

however, the emissions increase would 

be less (at 0.37 tpd) in 2015. For 2016, 

GA EPD calculated that there would be 

an emissions disbenefit of 0.085 tpd due 

to the incompatibility of Stage II and 

ORVR systems (i.e., leaving Stage II in 

place would result in a VOC emissions 

increase due to its incompatibility with 

ORVR).13

Although GA EPD anticipates a 

temporary increase of 0.37 tpd in VOC 

emissions in 2015, the State provided a 

technical analysis, including sensitivity 

modeling, to demonstrate that the 

Atlanta metropolitan area is NOXlimited with regard to ozone formation. 

If an area is NOX-limited, changes to 

VOC emissions have little effect on 

ozone formation. In EPA’s guidance 

entitled ‘‘Guidance on Removing Stage 

II Gasoline Vapor Control Programs 

from State Implementation Plans and 

Assessing Comparable Measures,’’ EPA 

addresses situations where emissions 

increase do not interfere with 

attainment. EPA specifically 

acknowledges that there may be areas 

where ozone formation is limited by the 

availability of NOX emissions, and that 

a small (and ever-declining) increase in 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 136 / Thursday, July 16, 2015 / Proposed Rules 42079 

VOC emissions may have little or no 

effect on future ozone levels. 

EPA has reviewed GA EPD’s January 

22, 2015, SIP revision to remove Stage 

II requirements for the Area, and is 

proposing to determine that the 

associated technical analysis is 

consistent with EPA’s guidance on 

removing Stage II requirements from a 

SIP. EPA is also making the preliminary 

determination that GA EPD’s SIP 

revision is consistent with the CAA and 

with EPA’s regulations related to 

removal of Stage II requirements from 

the SIP. 

V. Proposed Action 

EPA is proposing to approve Georgia’s 

January 22, 2015, SIP revision that 

changes Georgia’s Stage II rule, 391–3– 

1–.02(2)(zz), to allow for the removal of 

the Stage II requirement and the orderly 

decommissioning of Stage II equipment. 

EPA is proposing this approval because 

the Agency has made the preliminarily 

determination that Georgia’s January 22, 

2015, SIP revision related to the State’s 

Stage II rule is consistent with the CAA 

and with EPA’s regulations and 

guidance. 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this 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); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: June 18, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2015–16076 Filed 7–15–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 73 

[Docket No. CDC–2015–0050] 

RIN 0920–AA58 

Possession, Use, and Transfer of 

Select Agents and Toxins; Addition of 

Certain Influenza Virus Strains to the 

List of Select Agents and Toxins 

AGENCY: Centers for Disease Control and 

Prevention, Department of Health and 

Human Services. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC) within 

the Department of Health and Human 

Services (HHS) is proposing to add 

certain influenza virus strains to the list 

of HHS select agents and toxins. 

Specifically, we are proposing to add 

the influenza viruses that contain the 

hemagglutinin (HA) from the Goose 

Guangdong/1/96 lineage (the influenza 

viruses that contain the hemagglutinin 

(HA) from the A/Gs/Gd/1/96 lineage), 

including wild-type viruses, as a nonTier 1 select agent. We are also 

proposing to add any influenza viruses 

that contain the HA from the A/Gs/Gd/ 

1/96 lineage that were made 

transmissible among mammals by 

respiratory droplets in a laboratory as a 

Tier 1 select agent. We have determined 

that these influenza viruses have the 

potential to pose a severe threat to 

public health and safety. 

DATES: Comments should be received on 

or before September 14, 2015. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN), 0920–AA58 or Docket 

No. CDC–2015–0050 in the heading of 

this document by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Division of Select Agents and 

Toxins, Centers for Disease Control and 

Prevention, 1600 Clifton Road NE., 

Mailstop A–46, Atlanta, Georgia 30329, 

ATTN: RIN 0920–AA58. 

Instructions: All submissions received 

must include the agency name and RIN 

for this rulemaking. All relevant 

comments received will be posted 

without change to http://

www.regulations.gov, including any 

personal information provided. 

Docket Access: For access to the 

docket to read background documents 

or comments received or to download 

an electronic version of the NPRM, go 

to http://www.regulations.gov. 

Comments will be available for public 

inspection Monday through Friday, 

except for legal holidays, from 9 a.m. 

until 5 p.m. at 1600 Clifton Road NE., 

Atlanta, GA 30329. Please call ahead to 

1–866–694–4867 and ask for a 

representative in the Division of Select 

Agents and Toxins to schedule your 

visit. Our general policy for comments 

and other submissions from members of 

the public is to make these submissions 

available for public viewing on the 

Internet as they are received and 

without change. 


tkelley on DSK3SPTVN1PROD with PROPOSALS