80_FR_65867 80 FR 65660 - Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery Program

80 FR 65660 - Approval and Promulgation of Implementation Plans; Arizona; Phased Discontinuation of Stage II Vapor Recovery Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 207 (October 27, 2015)

Page Range65660-65661
FR Document2015-27028

Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the September 2, 2015 direct final rule that approves a state implementation plan (SIP) revision related to the removal of ``Stage II'' vapor recovery equipment at gasoline dispensing facilities in the Phoenix-Mesa area. The EPA will address the comments in a subsequent final action based upon the proposed rulemaking action, also published on September 2, 2105. The EPA will not institute a second comment period on this action.

Federal Register, Volume 80 Issue 207 (Tuesday, October 27, 2015)
[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Rules and Regulations]
[Pages 65660-65661]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27028]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2014-0256; FRL-9935-66-Region 9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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

SUMMARY: Due to the receipt of adverse comments, the Environmental 
Protection Agency (EPA) is withdrawing the September 2, 2015 direct 
final rule that approves a state implementation plan (SIP) revision 
related to the removal of ``Stage II'' vapor recovery equipment at 
gasoline dispensing facilities in the Phoenix-Mesa area. The EPA will 
address the comments in a subsequent final action based upon the 
proposed rulemaking action, also published on September 2, 2105. The 
EPA will not institute a second comment period on this action.

DATES: The direct final rule published at 80 FR 53001 on September 2, 
2015 is withdrawn, effective October 27, 2015.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, 
San Francisco, California 94105; (415) 947-4152; [email protected].

SUPPLEMENTARY INFORMATION: On September 2, 2015 (80 FR 53001), the EPA 
published a direct final rule approving a SIP revision submitted by the 
Arizona Department of Environmental Quality (ADEQ). The revision 
provides for the phased removal of Stage II vapor recovery equipment at 
gasoline dispensing facilities in the Phoenix-Mesa area. Specifically, 
the revision eliminates the requirement to install and operate such 
equipment at new gasoline dispending facilities, and provides for the 
phased removal of such equipment at existing gasoline dispensing 
facilities from October 2016 through September 2018. In the direct 
final rule, the EPA stated that if adverse comments were received by 
October 2, 2015, the EPA would publish a timely withdrawal of the 
direct final rule and address the comments in a subsequent final rule. 
The EPA received adverse comments and is therefore withdrawing the 
direct final rule. The EPA will address these comments in a separate 
final action based on the proposed action also published on September 
2, 2015 (80 FR 53086). The EPA will not open a second comment period 
for this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.


[[Page 65661]]


    Dated: September 28, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Accordingly, the amendment to 40 CFR 52.120 which published in the 
Federal Register on September 2, 2015 (80 FR 53001) on page 53007 is 
withdrawn as of October 27, 2015.

[FR Doc. 2015-27028 Filed 10-26-15; 8:45 am]
BILLING CODE 6560-50-P



                                            65660                Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations

                                                                            TABLE 2—EPA APPROVED OREGON ADMINISTRATIVE RULES (OAR)—Continued
                                                                                                                          State effective
                                                State citation                        Title/subject                                                       EPA approval date                          Explanations
                                                                                                                               date

                                            244–0234 ..........       Affected Sources ...........................             4/16/2015          10/27/2015 [Insert Federal Reg-
                                                                                                                                                    ister citation].
                                            244–0236 ..........       Affected Equipment or Processes                          4/16/2015          10/27/2015 [Insert Federal Reg-
                                                                                                                                                    ister citation].
                                            244–0238 ..........       Compliance Dates .........................               4/16/2015          10/27/2015 [Insert Federal Reg-         Except (1)(a) and (2)(c).
                                                                                                                                                    ister citation].

                                                                                                            Emission Limitations and Management Practices

                                            244–0239 ..........       General Duties to Minimize Emis-                         4/16/2015          10/27/2015 [Insert Federal Reg-
                                                                        sions.                                                                      ister citation].
                                            244–0240 ..........       Work Practice and Submerged Fill                         4/16/2015          10/27/2015 [Insert Federal Reg-
                                                                        Requirements.                                                               ister citation].
                                            244–0242 ..........       Vapor Balance Requirements .......                       4/16/2015          10/27/2015 [Insert Federal Reg-         Including tables 2 and 3.
                                                                                                                                                    ister citation].

                                                                                                                      Testing and Monitoring Requirements

                                            244–0244 ..........       Testing and Monitoring Require-                          4/16/2015          10/27/2015 [Insert Federal Reg-         Except (1)(b) and (c).
                                                                        ments.                                                                      ister citation].

                                                                                                                      Notifications, Records, and Reports

                                            244–0246 ..........       Notifications ...................................        4/16/2015          10/27/2015 [Insert       Federal Reg-
                                                                                                                                                    ister citation].
                                            244–0248 ..........       Recordkeeping Requirements ......                        4/16/2015          10/27/2015 [Insert       Federal Reg-   Except (4)(c) and (d).
                                                                                                                                                    ister citation].
                                            244–0250 ..........       Reporting Requirements ...............                   4/16/2015          10/27/2015 [Insert       Federal Reg-
                                                                                                                                                    ister citation].
                                            244–0252 ..........       General Provision Applicability .....                  12/31/2008           10/27/2015 [Insert       Federal Reg-
                                                                                                                                                    ister citation].

                                                         *                           *                            *                           *                        *                     *                        *
                                                1 Only
                                                     for the Portland-Vancouver, Medford-Ashland, and Salem-Keizer Area Transportation Study air quality management areas, as well as all
                                            of Clackamas, Multnomah, and Washington counties.
                                              2 This approval is for the purpose of regulating volatile organic compound (VOC) emissions.




                                            *       *        *       *        *                                EPA will address the comments in a                             removal of such equipment at existing
                                            [FR Doc. 2015–27170 Filed 10–26–15; 8:45 am]                       subsequent final action based upon the                         gasoline dispensing facilities from
                                            BILLING CODE 6560–50–P                                             proposed rulemaking action, also                               October 2016 through September 2018.
                                                                                                               published on September 2, 2105. The                            In the direct final rule, the EPA stated
                                                                                                               EPA will not institute a second                                that if adverse comments were received
                                            ENVIRONMENTAL PROTECTION                                           comment period on this action.                                 by October 2, 2015, the EPA would
                                            AGENCY                                                             DATES: The direct final rule published at                      publish a timely withdrawal of the
                                                                                                               80 FR 53001 on September 2, 2015 is                            direct final rule and address the
                                            40 CFR Part 52
                                                                                                               withdrawn, effective October 27, 2015.                         comments in a subsequent final rule.
                                            [EPA–R09–OAR–2014–0256; FRL–9935–66–                               FOR FURTHER INFORMATION CONTACT:                               The EPA received adverse comments
                                            Region 9]                                                          Jeffrey Buss, Air Planning Office (AIR–                        and is therefore withdrawing the direct
                                                                                                               2), U.S. Environmental Protection                              final rule. The EPA will address these
                                            Approval and Promulgation of                                       Agency, Region IX, 75 Hawthorne, San
                                            Implementation Plans; Arizona;                                                                                                    comments in a separate final action
                                                                                                               Francisco, California 94105; (415) 947–                        based on the proposed action also
                                            Phased Discontinuation of Stage II                                 4152; buss.jeffrey@epa.gov.
                                            Vapor Recovery Program                                                                                                            published on September 2, 2015 (80 FR
                                                                                                               SUPPLEMENTARY INFORMATION: On                                  53086). The EPA will not open a second
                                            AGENCY: Environmental Protection                                   September 2, 2015 (80 FR 53001), the                           comment period for this action.
                                            Agency (EPA).                                                      EPA published a direct final rule
                                            ACTION: Withdrawal of direct final rule.                           approving a SIP revision submitted by                          List of Subjects in 40 CFR Part 52
                                                                                                               the Arizona Department of
                                            SUMMARY:    Due to the receipt of adverse                          Environmental Quality (ADEQ). The                                Environmental protection, Air
                                            comments, the Environmental                                        revision provides for the phased                               pollution control, Incorporation by
                                            Protection Agency (EPA) is withdrawing                             removal of Stage II vapor recovery                             reference, Intergovernmental relations,
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                                            the September 2, 2015 direct final rule                            equipment at gasoline dispensing                               Ozone, Reporting and recordkeeping
                                            that approves a state implementation                               facilities in the Phoenix-Mesa area.                           requirements, Volatile organic
                                            plan (SIP) revision related to the                                 Specifically, the revision eliminates the                      compounds.
                                            removal of ‘‘Stage II’’ vapor recovery                             requirement to install and operate such
                                            equipment at gasoline dispensing                                   equipment at new gasoline dispending
                                            facilities in the Phoenix-Mesa area. The                           facilities, and provides for the phased


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                                                             Federal Register / Vol. 80, No. 207 / Tuesday, October 27, 2015 / Rules and Regulations                                       65661

                                              Dated: September 28, 2015.                               A. www.regulations.gov. Follow the                 electronically in www.regulations.gov or
                                            Jared Blumenfeld,                                       on-line instructions for submitting                   in hard copy during normal business
                                            Regional Administrator, Region IX.                      comments.                                             hours at the Air Protection Division,
                                                                                                       B. Email: campbell.dave@epa.gov.                   U.S. Environmental Protection Agency,
                                              Accordingly, the amendment to 40                         C. Mail: EPA–R03–OAR–2014–0568,                    Region III, 1650 Arch Street,
                                            CFR 52.120 which published in the                       Dave Campbell, Associate Director,                    Philadelphia, Pennsylvania 19103.
                                            Federal Register on September 2, 2015                   Office of Permits and Air Toxics,                     Copies of the State submittal are
                                            (80 FR 53001) on page 53007 is                          Mailcode 3AP10, U.S. Environmental                    available at the Maryland Department of
                                            withdrawn as of October 27, 2015.                       Protection Agency, Region III, 1650                   the Environment, 1800 Washington
                                            [FR Doc. 2015–27028 Filed 10–26–15; 8:45 am]            Arch Street, Philadelphia, Pennsylvania               Boulevard, Suite 705, Baltimore,
                                            BILLING CODE 6560–50–P                                  19103.                                                Maryland 21230.
                                                                                                       D. Hand Delivery: At the previously-
                                                                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                    listed EPA Region III address. Such
                                                                                                                                                          Cathleen Van Osten, (215) 814–2746, or
                                            ENVIRONMENTAL PROTECTION                                deliveries are only accepted during the
                                                                                                                                                          by email at vanosten.cathleen@epa.gov.
                                            AGENCY                                                  Docket’s normal hours of operation, and
                                                                                                    special arrangements should be made                   SUPPLEMENTARY INFORMATION:
                                            40 CFR Part 55                                          for deliveries of boxed information.                  I. Background
                                                                                                       Instructions: Direct your comments to
                                                                                                    Docket ID No. EPA–R03–OAR–2014–                          On September 4, 1992, EPA
                                            [EPA–R03–OAR–2014–0568; FRL–9917–72–
                                                                                                    0568. EPA’s policy is that all comments               promulgated 40 CFR part 55 which
                                            Region 3]
                                                                                                    received will be included in the public               established requirements to control air
                                            Outer Continental Shelf Air                             docket without change, and may be                     pollution from OCS sources in order to
                                            Regulations Consistency Update for                      made available online at                              attain and maintain Federal and state
                                            Maryland                                                www.regulations.gov, including any                    ambient air quality standards and to
                                                                                                    personal information provided, unless                 comply with the provisions of part C of
                                            AGENCY: Environmental Protection                        the comment includes information                      title I of the CAA. Forty CFR part 55
                                            Agency (EPA).                                           claimed to be Confidential Business                   applies to all OCS sources offshore of
                                            ACTION: Direct final rule.                              Information (CBI) or other information                the states except those locations in the
                                                                                                    whose disclosure is restricted by statute.            Gulf of Mexico west of 87.5 degrees
                                            SUMMARY:   The Environmental Protection                 Do not submit information that you                    longitude. Section 328 of the CAA
                                            Agency (EPA) is taking direct final                     consider to be CBI or otherwise                       requires that for such source locations
                                            action to approve an update to a portion                protected through www.regulations.gov                 within 25 miles of a state’s seaward
                                            of the Outer Continental Shelf (OCS) Air                or email. The www.regulations.gov Web                 boundary, the requirements shall be the
                                            Regulations for Maryland. Requirements                  site is an ‘‘anonymous access’’ system,               same as would be applicable if the
                                            applying to OCS sources located within                  which means EPA will not know your                    source were located in the COA.
                                            25 miles of States’ seaward boundaries                  identity or contact information unless                Because the OCS requirements are based
                                            must be updated periodically to remain                  you provide it in the body of your                    on onshore requirements, and onshore
                                            consistent with the requirements of the                 comment. If you send an email                         requirements may change, section
                                            corresponding onshore area (COA), as                    comment directly to EPA without going                 328(a)(1) requires that EPA update the
                                            mandated by the Clean Air Act, as                       through www.regulations.gov, your                     OCS requirements as necessary to
                                            amended in 1990 (CAA or the Act). The                   email address will be automatically                   maintain consistency with onshore
                                            portion of the OCS air regulations that                 captured and included as part of the                  requirements.
                                            is being updated pertains to the                        comment that is placed in the public                     Pursuant to 40 CFR 55.12 of the OCS
                                            requirements for OCS sources for which                  docket and made available on the                      rule, consistency reviews will occur: (1)
                                            Maryland is the designated COA. The                     Internet. If you submit an electronic                 At least annually; (2) upon receipt of a
                                            intended effect of approving the OCS                    comment, EPA recommends that you                      Notice of Intent under 40 CFR 55.4; or
                                            requirements for the Maryland                           include your name and other contact                   (3) when a state or local agency submits
                                            Department of the Environment is to                     information in the body of your                       a rule to EPA to be considered for
                                            regulate emissions from OCS sources in                  comment and with any disk or CD–ROM                   incorporation by reference in 40 CFR
                                            accordance with the requirements                        you submit. If EPA cannot read your                   part 55. This proposed action is being
                                            onshore.                                                comment due to technical difficulties                 taken in response to requirements
                                                                                                    and cannot contact you for clarification,             submitted by Maryland. Section 328(a)
                                            DATES:  This rule is effective on                       EPA may not be able to consider your                  of the Act requires that EPA establish
                                            December 28, 2015 without further                       comment. Electronic files should avoid                requirements to control air pollution
                                            notice, unless EPA receives adverse                     the use of special characters, any form               from OCS sources located within 25
                                            written comment by November 27,                         of encryption, and be free of any defects             miles of states’ seaward boundaries that
                                            2015. If EPA receives such comments, it                 or viruses.                                           are the same as onshore requirements.
                                            will publish a timely withdrawal of the                    Docket: All documents in the                       To comply with this statutory mandate,
                                            direct final rule in the Federal Register               electronic docket are listed in the                   EPA must incorporate applicable
                                            and inform the public that the rule will                www.regulations.gov index. Although                   onshore rules into 40 CFR part 55 as
                                            not take effect. The incorporation by                   listed in the index, some information is              they exist onshore. This limits EPA’s
                                            reference of certain publications listed                not publicly available, i.e., CBI or other            flexibility in deciding which
                                            in the rule is approved by the Director                 information whose disclosure is                       requirements will be incorporated into
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                                            of the Federal Register as of December                  restricted by statute. Certain other                  40 CFR part 55 and prevents EPA from
                                            28, 2015.                                               material, such as copyrighted material,               making substantive changes to the
                                            ADDRESSES: Submit your comments,                        is not placed on the Internet and will be             requirements it incorporates. As a
                                            identified by Docket ID Number EPA–                     publicly available only in hard copy                  result, EPA may be incorporating rules
                                            R03–OAR–2014-0568 by one of the                         form. Publicly available docket                       into 40 CFR part 55 that do not conform
                                            following methods:                                      materials are available either                        to all of EPA’s state implementation


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Document Created: 2015-12-14 15:36:36
Document Modified: 2015-12-14 15:36:36
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionWithdrawal of direct final rule.
DatesThe direct final rule published at 80 FR 53001 on September 2, 2015 is withdrawn, effective October 27, 2015.
ContactJeffrey Buss, Air Planning Office (AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne, San Francisco, California 94105; (415) 947-4152; [email protected]
FR Citation80 FR 65660 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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