80_FR_53256 80 FR 53086 - Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery Program

80 FR 53086 - Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 170 (September 2, 2015)

Page Range53086-53087
FR Document2015-21684

The Environmental Protection Agency (EPA) is proposing to approve a state implementation plan (SIP) revision from the Arizona Department of Environmental Quality related to the removal of ``Stage II'' vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area. Specifically, the EPA is proposing to approve a SIP revision that eliminates the requirement to install and operate such equipment at new gasoline dispensing facilities, and that provides for the phased removal of such equipment at existing gasoline dispensing facilities from October 2016 through September 2018. The EPA has previously determined that onboard refueling vapor recovery is in widespread use nationally and waived the stage II vapor recovery requirement. The EPA is proposing to approve this SIP revision because the resultant short-term incremental increase in emissions would not interfere with attainment or maintenance of the national ambient air quality standards or any other requirement of the Clean Air Act and because it would avoid longer-term increases in emissions from the continued operation of stage II vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area.

Federal Register, Volume 80 Issue 170 (Wednesday, September 2, 2015)
[Federal Register Volume 80, Number 170 (Wednesday, September 2, 2015)]
[Proposed Rules]
[Pages 53086-53087]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21684]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0256; FRL-9927-13-Region 9]


Approval and Promulgation of Implementation Plans; Arizona; 
Phased Discontinuation of Stage II Vapor Recovery Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a state implementation plan (SIP) revision from the Arizona 
Department of Environmental Quality related to the removal of ``Stage 
II'' vapor recovery equipment at gasoline dispensing facilities in the 
Phoenix-Mesa area. Specifically, the EPA is proposing to approve a SIP 
revision that eliminates the requirement to install and operate such 
equipment at new gasoline dispensing facilities, and that provides for 
the phased removal of such equipment at existing gasoline dispensing 
facilities from October 2016 through September 2018. The EPA has 
previously determined that onboard refueling vapor recovery is in 
widespread use nationally and waived the stage II vapor recovery 
requirement. The EPA is proposing to approve this SIP revision because 
the resultant short-term incremental increase in emissions would not 
interfere with attainment or maintenance of the national ambient air 
quality standards or any other requirement of the Clean Air Act and 
because it would avoid longer-term increases in emissions from the 
continued operation of stage II vapor recovery equipment at gasoline 
dispensing facilities in the Phoenix-Mesa area.

DATES: Comments must be received by October 2, 2015.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R09-OAR-
2014-0256, by one of the following methods:
    1. Federal Rulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    2. Email: Jeffrey Buss at [email protected].
    3. Fax: Jeffrey Buss, Air Planning Office (AIR-2), at fax number 
415-947-3579.
    4. Mail: Jeffrey Buss, Air Planning Office (AIR-2), U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne, San 
Francisco, California 94105.

[[Page 53087]]

    5. Hand or Courier Delivery: Jeffrey Buss, Air Planning Section 
(AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, 
San Francisco, California 94105. Such deliveries are only accepted 
during the Regional Office's normal hours of operation. Special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2014-0256. 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 the disclosure of which 
is restricted by statute. Do not submit information through 
www.regulations.gov or email that you consider to be CBI or otherwise 
protected from disclosure. The www.regulations.gov Web site is an 
anonymous access system, which means the 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 the 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, the 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 the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Air Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, California 94105. The EPA requests that if at 
all possible, you contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection during normal 
business hours.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Office of Air Planning, 
U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email: 
[email protected].

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' section of 
this Federal Register, the EPA is approving the State of Arizona's 
Stage II vapor recovery SIP revision in a direct final action without 
prior proposal because we believe this SIP revision is not 
controversial. A detailed rationale for the approval is set forth in 
the direct final rule. If we receive adverse comments, however, we will 
publish a timely withdrawal of the direct final rule and address the 
comments in a subsequent final rule based on this proposed rule. Please 
note that if the EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, the EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment.
    We do not plan to open a second comment period, so anyone 
interested in commenting should do so at this time. If we do not 
receive adverse comments, no further activity is planned. For further 
information, see please see the direct final action.

    Dated: March 30, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Editorial Note:  This document was received for publication by 
the Office of the Federal Register on August 27, 2015.

[FR Doc. 2015-21684 Filed 9-1-15; 8:45 am]
BILLING CODE 6560-50-P



                                                      53086              Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules

                                                      DATE 8 MONTHS AFTER THE                                 from other signals, is provided during                ENVIRONMENTAL PROTECTION
                                                      EFFECTIVE DATE OF THE FINAL                             movement. Such movement is permitted                  AGENCY
                                                      RULE]. These machines must meet the                     only for purposes of relocating the
                                                      requirements in this section when                       machine from an unsafe location for                   40 CFR Part 52
                                                      placed in service with a proximity                      repair;                                               [EPA–R09–OAR–2014–0256; FRL–9927–13–
                                                      detection system.                                          (5) Be installed to prevent interference           Region 9]
                                                         (2) Coal hauling machines or scoops                  that adversely affects performance of
                                                      manufactured and equipped with a                        any electrical system; and                            Approval and Promulgation of
                                                      proximity detection system on or before                    (6) Be installed and maintained in                 Implementation Plans; Arizona;
                                                      [INSERT EFFECTIVE DATE OF THE                           proper operating condition by a person                Phased Discontinuation of Stage II
                                                      FINAL RULE] must:                                       trained in the installation and                       Vapor Recovery Program
                                                         (i) Meet the requirements in this                    maintenance of the system.
                                                      section no later than [INSERT DATE 8                       (c) Proximity detection system checks.             AGENCY:  Environmental Protection
                                                      MONTHS AFTER THE EFFECTIVE                              Operators must:                                       Agency (EPA).
                                                      DATE OF THE FINAL RULE] if                                 (1) Designate a person who must                    ACTION: Proposed rule.
                                                      modifications to the existing proximity                 perform a check of machine-mounted                    SUMMARY:    The Environmental Protection
                                                      detection system can be made                            components of the proximity detection                 Agency (EPA) is proposing to approve a
                                                      underground; or                                         system to verify that components are
                                                         (ii) Meet the requirement in this                                                                          state implementation plan (SIP) revision
                                                                                                              intact and the system is functioning                  from the Arizona Department of
                                                      section no later than [INSERT DATE 36                   properly, and to take action to correct
                                                      MONTHS AFTER THE EFFECTIVE                                                                                    Environmental Quality related to the
                                                                                                              defects:                                              removal of ‘‘Stage II’’ vapor recovery
                                                      DATE OF THE FINAL RULE] if the                             (i) At the beginning of each shift when
                                                      existing proximity detection system                                                                           equipment at gasoline dispensing
                                                                                                              the machine is to be used; or                         facilities in the Phoenix-Mesa area.
                                                      cannot be modified underground or                          (ii) Immediately prior to the time the
                                                      needs to be replaced with a new                                                                               Specifically, the EPA is proposing to
                                                                                                              machine is to be operated if not in use               approve a SIP revision that eliminates
                                                      proximity detection system.                             at the beginning of a shift; or
                                                         (3) Coal hauling machines and scoops                                                                       the requirement to install and operate
                                                                                                                 (iii) Within 1 hour of a shift change              such equipment at new gasoline
                                                      manufactured and not equipped with a                    if the shift change occurs without an
                                                      proximity detection system on or before                                                                       dispensing facilities, and that provides
                                                                                                              interruption in production.                           for the phased removal of such
                                                      [INSERT EFFECTIVE DATE OF THE                              (2) Check for proper operation of each
                                                      FINAL RULE] must meet the                                                                                     equipment at existing gasoline
                                                                                                              miner-wearable component at the                       dispensing facilities from October 2016
                                                      requirements in this section no later                   beginning of each shift that the
                                                      than [INSERT DATE 36 MONTHS                                                                                   through September 2018. The EPA has
                                                                                                              component is to be used. Defects must                 previously determined that onboard
                                                      AFTER THE EFFECTIVE DATE OF THE                         be corrected before the component is
                                                      FINAL RULE]. These machines must                                                                              refueling vapor recovery is in
                                                                                                              used.                                                 widespread use nationally and waived
                                                      meet the requirements in this section                      (d) Certifications and records. The
                                                      when placed in service with a proximity                                                                       the stage II vapor recovery requirement.
                                                                                                              operator must make and retain                         The EPA is proposing to approve this
                                                      detection system.                                       certifications and records as follows:
                                                         (b) Requirements for proximity                                                                             SIP revision because the resultant short-
                                                                                                                 (1) At the completion of the check of              term incremental increase in emissions
                                                      detection systems. If a proximity                       machine-mounted components required
                                                      detection system includes miner-                                                                              would not interfere with attainment or
                                                                                                              under paragraph (c)(1) of this section, a             maintenance of the national ambient air
                                                      wearable components, both the                           certified person under § 75.100 must
                                                      machine-mounted components and                                                                                quality standards or any other
                                                                                                              certify by initials, date, and time that              requirement of the Clean Air Act and
                                                      miner-wearable components constitute                    the check was conducted. Defects found
                                                      the proximity detection system. The                                                                           because it would avoid longer-term
                                                                                                              as a result of the check in paragraph                 increases in emissions from the
                                                      system must:                                            (c)(1), including corrective actions and
                                                         (1) Cause a machine to stop before                                                                         continued operation of stage II vapor
                                                                                                              dates of corrective actions, must be                  recovery equipment at gasoline
                                                      contacting a miner except for a miner
                                                                                                              recorded before the end of the shift;                 dispensing facilities in the Phoenix-
                                                      who is in the on-board operator’s
                                                                                                                 (2) Make a record of the defects found             Mesa area.
                                                      compartment;
                                                                                                              as a result of the check of miner-
                                                         (2) Provide warning signals,                                                                               DATES: Comments must be received by
                                                                                                              wearable components under paragraph
                                                      distinguishable from other signals, that                                                                      October 2, 2015.
                                                                                                              (c)(2) of this section, including
                                                      alert miners before the system causes a                                                                       ADDRESSES: Submit your comments,
                                                                                                              corrective actions and dates of
                                                      machine to stop: An audible and visual                                                                        identified by Docket No. EPA–R09–
                                                                                                              corrective actions;
                                                      warning signal on any miner-wearable                                                                          OAR–2014–0256, by one of the
                                                                                                                 (3) Make a record of the persons
                                                      component and a visual warning signal                                                                         following methods:
                                                                                                              trained in the installation and
                                                      on the machine;                                                                                                 1. Federal Rulemaking Portal: http://
                                                         (3) Provide a visual signal on the                   maintenance of proximity detection
                                                                                                              systems required under paragraph (b)(6)               www.regulations.gov. Follow the on-line
                                                      machine that indicates the machine-                                                                           instructions for submitting comments.
                                                      mounted components are functioning                      of this section;
                                                                                                                                                                       2. Email: Jeffrey Buss at buss.jeffrey@
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      properly;                                                  (4) Maintain records in a secure book
                                                                                                                                                                    epa.gov.
                                                         (4) Prevent movement of the machine                  or electronically in a secure computer                   3. Fax: Jeffrey Buss, Air Planning
                                                      if any machine-mounted component of                     system not susceptible to alteration; and             Office (AIR–2), at fax number 415–947–
                                                      the system is not functioning properly.                    (5) Retain records for at least one year           3579.
                                                      However, a system with any machine-                     and make them available for inspection                   4. Mail: Jeffrey Buss, Air Planning
                                                      mounted component that is not                           by authorized representatives of the                  Office (AIR–2), U.S. Environmental
                                                      functioning properly may allow                          Secretary and representatives of miners.              Protection Agency, Region IX, 75
                                                      machine movement if an audible or                       [FR Doc. 2015–21573 Filed 9–1–15; 8:45 am]            Hawthorne, San Francisco, California
                                                      visual warning signal, distinguishable                  BILLING CODE 4510–43–P                                94105.


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                                                                         Federal Register / Vol. 80, No. 170 / Wednesday, September 2, 2015 / Proposed Rules                                          53087

                                                         5. Hand or Courier Delivery: Jeffrey                 FURTHER INFORMATION CONTACT      section to           proposed rule published in the Federal
                                                      Buss, Air Planning Section (AIR–2), U.S.                schedule your inspection during normal                Register on July 1, 2015, entitled
                                                      Environmental Protection Agency,                        business hours.                                       ‘‘Medicare Program; End-Stage Renal
                                                      Region IX, 75 Hawthorne, San                            FOR FURTHER INFORMATION CONTACT:                      Disease Prospective Payment System,
                                                      Francisco, California 94105. Such                       Jeffrey Buss, Office of Air Planning, U.S.            and Quality Incentive Program.’’
                                                      deliveries are only accepted during the                 Environmental Protection Agency,
                                                      Regional Office’s normal hours of                                                                             DATES:This correction is effective on
                                                                                                              Region 9, (415) 947–4152, email:                      September 2, 2015.
                                                      operation. Special arrangements should                  buss.jeffrey@epa.gov.
                                                      be made for deliveries of boxed                         SUPPLEMENTARY INFORMATION: In the                     FOR FURTHER INFORMATION CONTACT:
                                                      information.                                            ‘‘Rules and Regulations’’ section of this             Michelle Cruse, (410) 786–7540.
                                                         Instructions: Direct your comments to                Federal Register, the EPA is approving
                                                      Docket ID No. EPA–R09–OAR–2014–                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                              the State of Arizona’s Stage II vapor
                                                      0256. EPA’s policy is that all comments                 recovery SIP revision in a direct final               I. Background
                                                      received will be included in the public                 action without prior proposal because
                                                      docket without change and may be                        we believe this SIP revision is not                      In FR Doc. 2015–16074 of July 1, 2015
                                                      made available online at                                                                                      (80 FR 37808) there was a technical
                                                                                                              controversial. A detailed rationale for
                                                      www.regulations.gov, including any                                                                            error that is discussed in the ‘‘Summary
                                                                                                              the approval is set forth in the direct
                                                      personal information provided, unless                                                                         of Errors,’’ and further identified and
                                                                                                              final rule. If we receive adverse
                                                      the comment includes information                                                                              corrected in the ‘‘Correction of Errors’’
                                                                                                              comments, however, we will publish a
                                                      claimed to be Confidential Business                                                                           section below. The provisions in this
                                                                                                              timely withdrawal of the direct final
                                                      Information (CBI) or other information                                                                        correction document are effective as if
                                                                                                              rule and address the comments in a
                                                      the disclosure of which is restricted by                                                                      they had been included in the document
                                                                                                              subsequent final rule based on this
                                                      statute. Do not submit information                                                                            published on July 1, 2015. Accordingly,
                                                                                                              proposed rule. Please note that if the
                                                      through www.regulations.gov or email                                                                          the corrections are effective September
                                                                                                              EPA receives adverse comment on an
                                                      that you consider to be CBI or otherwise                                                                      2, 2015.
                                                      protected from disclosure. The                          amendment, paragraph, or section of
                                                      www.regulations.gov Web site is an                      this rule and if that provision may be                II. Summary of Errors
                                                      anonymous access system, which means                    severed from the remainder of the rule,
                                                                                                              the EPA may adopt as final those                         On page 37814 of the preamble, we
                                                      the EPA will not know your identity or
                                                      contact information unless you provide                  provisions of the rule that are not the               discovered an error in the reference to
                                                      it in the body of your comment. If you                  subject of an adverse comment.                        the cost report column from which we
                                                                                                                 We do not plan to open a second                    derived the data for one of the
                                                      send an email comment directly to the
                                                                                                              comment period, so anyone interested                  dependent variables used in developing
                                                      EPA without going through
                                                      www.regulations.gov, your email                         in commenting should do so at this                    the two-equation regression
                                                      address will be automatically captured                  time. If we do not receive adverse                    methodology that we performed to
                                                      and included as part of the comment                     comments, no further activity is                      analyze and propose revisions to the
                                                      that is placed in the public docket and                 planned. For further information, see                 End-Stage Renal Disease (ESRD)
                                                      made available on the Internet. If you                  please see the direct final action.                   Prospective Payment System (PPS)
                                                      submit an electronic comment, the EPA                     Dated: March 30, 2015.                              payment adjusters for Calendar Year
                                                      recommends that you include your                        Jared Blumenfeld,                                     (CY) 2016 ESRD PPS proposed rule.
                                                      name and other contact information in                   Regional Administrator, Region IX.
                                                                                                                                                                    Specifically, we measured resource use
                                                      the body of your comment and with any                                                                         of the maintenance dialysis services
                                                      disk or CD–ROM you submit. If the EPA                     Editorial Note: This document was                   included in the current bundle of
                                                                                                              received for publication by the Office of the         composite rate services using only ESRD
                                                      cannot read your comment due to                         Federal Register on August 27, 2015.
                                                      technical difficulties and cannot contact                                                                     facility data obtained from the Medicare
                                                      you for clarification, the EPA may not                  [FR Doc. 2015–21684 Filed 9–1–15; 8:45 am]            cost reports for independent ESRD
                                                      be able to consider your comment.                       BILLING CODE 6560–50–P                                facilities and hospital-based ESRD
                                                      Electronic files should avoid the use of                                                                      facilities. We indicated in the proposed
                                                      special characters, any form of                                                                               rule that for independent ESRD
                                                      encryption, and be free of any defects or               DEPARTMENT OF HEALTH AND                              facilities, the average composite rate
                                                      viruses.                                                HUMAN SERVICES                                        cost per treatment for each ESRD facility
                                                         Docket: All documents in the docket                                                                        was calculated by dividing the total
                                                      are listed in the www.regulations.gov                   Centers for Medicare & Medicaid                       reported allowable costs for composite
                                                      index. Although listed in the index,                    Services                                              rate services for cost reporting periods
                                                      some information is not publicly                                                                              ending in CYs 2012 and 2013
                                                      available, e.g., CBI or other information               42 CFR Part 413                                       (Worksheet B, column 13A, lines 8–17
                                                      whose disclosure is restricted by statute.                                                                    on CMS–265–11; Worksheet I–2,
                                                                                                              [CMS–1628–CN]
                                                      Certain other material, such as                                                                               column 11, lines 2–11 on CMS–2552–
                                                      copyrighted material, will be publicly                  RIN 0938–AS48                                         10) by the total number of dialysis
                                                      available only in hard copy. Publicly                                                                         treatments (Worksheet C, column 1,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      available docket materials are available                Medicare Program; End-Stage Renal                     lines 8–17 on CMS 265–11). In the CY
                                                      either electronically in                                Disease Prospective Payment System;                   2016 ESRD PPS proposed rule, we
                                                      www.regulations.gov or in hard copy at                  Correction                                            incorrectly referred to column 13A
                                                      the Air Planning Office (AIR–2), U.S.                   AGENCY:  Centers for Medicare &                       when we intended to refer to column
                                                      Environmental Protection Agency,                        Medicaid Services (CMS), HHS.                         11A in Worksheet B. Therefore, we are
                                                      Region IX, 75 Hawthorne Street, San                     ACTION: Correction.                                   publishing this correction notice to
                                                      Francisco, California 94105. The EPA                                                                          include the appropriate location for the
                                                      requests that if at all possible, you                   SUMMARY:  This document corrects a                    average composite rate cost per
                                                      contact the person listed in the FOR                    technical error that appeared in the                  treatment.


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Document Created: 2018-02-26 10:11:00
Document Modified: 2018-02-26 10:11:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by October 2, 2015.
ContactJeffrey Buss, Office of Air Planning, U.S. Environmental Protection Agency, Region 9, (415) 947-4152, email: [email protected]
FR Citation80 FR 53086 

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