81 FR 64354 - Air Plan Approval; Tennessee; Revision and Removal of Stage I and II Gasoline Vapor Recovery Program

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 182 (September 20, 2016)

Page Range		64354-64355
FR Document		2016-22368

The Environmental Protection Agency (EPA) is approving a revision to the State Implementation Plan (SIP) submitted by the State of Tennessee through the Tennessee Department of Environment and Conservation (TDEC), for parallel processing on February 8, 2016, and in final form on July 15, 2016. This SIP revision seeks to lower applicability thresholds for certain sources subject to Federal Stage I requirements, remove the Stage II vapor control requirements, and add requirements for decommissioning gasoline dispensing facilities, as well as requirements for new and upgraded gasoline dispensing facilities in the Nashville, Tennessee Area. EPA has determined that Tennessee's July 15, 2016, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act).

Federal Register, Volume 81 Issue 182 (Tuesday, September 20, 2016)

[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64354-64355]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-22368]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0011; FRL-9952-50-Region 4]

Air Plan Approval; Tennessee; Revision and Removal of Stage I and
II Gasoline Vapor Recovery Program

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the State Implementation Plan (SIP) submitted by the State
of Tennessee through the Tennessee Department of Environment and
Conservation (TDEC), for parallel processing on February 8, 2016, and
in final form on July 15, 2016. This SIP revision seeks to lower
applicability thresholds for certain sources subject to Federal Stage I
requirements, remove the Stage II vapor control requirements, and add
requirements for decommissioning gasoline dispensing facilities, as
well as requirements for new and upgraded gasoline dispensing
facilities in the Nashville, Tennessee Area. EPA has determined that
Tennessee's July 15, 2016, SIP revision is approvable because it is
consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 20, 2016.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2016-0011. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information 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 through 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 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

On July 15, 2016, Tennessee submitted a SIP revision to EPA seeking
modifications of the Stage II and Stage I requirements in the State.
First, in relation to Stage II, TDEC seeks the removal of the Stage II
vapor recovery requirements from TAPCR 1200-3-18-.24 through the
addition of requirements for decommissioning, and the phase out of the
Stage II vapor recovery systems over a 3-year period from January 1,
2016, to January 1, 2019, in Davidson, Rutherford, Sumner, Williamson
and Wilson Counties. Second, TDEC seeks to amend the Stage I
requirements for gasoline dispensing facilities by adopting by
reference the federal requirements of 40 CFR part 63, subpart CCCCCC
and removing most of the State-specific language for Stage I vapor
recovery. EPA published a proposed rulemaking through parallel
processing on June 1, 2016 (81 FR 34940), to approve TDEC's February 8,
2016, draft SIP revision. The details of Tennessee's submittal and the
rationale for EPA's action are explained in the proposed rule. The
comment period for this proposed rulemaking closed on July 1, 2016. EPA
did not receive any comments, adverse or otherwise, related to this
rulemaking during the public comment period.\1\ EPA noted in its June
1, 2016, proposed rulemaking that the Agency would take final action
based on that proposed rulemaking only if no substantive changes were
made to Tennessee's submission when it was provided to EPA in final
form. On July 15, 2016, Tennessee provided its final SIP revision for
the aforementioned changes and no substantive changes had been made
between the submission for which EPA proposed approval and the
submission that TDEC provided in final form on July 15, 2016.
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\1\ EPA received a comment unrelated to the subject of this
rulemaking. See the docket for today's rulemaking for this comment
in its entirety.
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II. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of TDEC
Regulation TAPCR 1200-3-18-.24, entitled ``Gasoline Dispensing
Facilities,'' effective July 14, 2016. Therefore, these materials have
been approved by EPA for inclusion in the State Implementation Plan,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference by the Director of the Federal Register in
the next update to the SIP compilation.\2\ The EPA has made, and will
continue to make, these materials generally available through
www.regulations.gov and/or at the EPA Region 4 Office (please contact
the person identified in the For Further Information Contact section of
this preamble for more information).
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\2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

EPA is taking final action to approve Tennessee's July 15, 2016,
SIP revision that changes Tennessee Gasoline Dispensing Facilities,
Stage I and II Vapor Recovery, TAPCR rule 1200-03-18-.24. to: (1) Allow
for the removal of the Stage II requirement and the orderly
decommissioning of Stage II equipment; and (2) incorporate by reference
Federal rule 40 CFR part 63, subpart CCCCCC, and remove certain non-
state-specific requirements for the Stage I. EPA has determined that
Tennessee's July 15, 2016, SIP revision related to the State's Stage I
and II rules is consistent with the CAA and EPA's regulations and
guidance.

IV. 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
action merely approves state law as meeting federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:

[[Page 64355]]

Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) 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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 21, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

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

Dated: September 7, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart (RR)--Tennessee

0
2. Section 52.2220(c), is amended under CHAPTER 1200-3-18 VOLATILE
ORGANIC COMPOUNDS by revising the entry for ``Section 1200-3-18-.24''
to read as follows:

Sec. 52.2220 Identification of plan.

* * * * *
(c) * * *

EPA Approved Tennessee Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Section 1200-3-18-.24......... Gasoline 7/14/16 9/20/16 [Insert
Dispensing citation of
Facilities. publication].

* * * * * * *
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[FR Doc. 2016-22368 Filed 9-19-16; 8:45 am]
BILLING CODE 6560-50-P

64354 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations

* * * * * contact the person listed in the FOR submission that TDEC provided in final
[FR Doc. 2016–22499 Filed 9–19–16; 8:45 am] FURTHER INFORMATION CONTACT section to form on July 15, 2016.
BILLING CODE 6560–50–P schedule your inspection. The Regional
II. Incorporation by Reference
Office’s official hours of business are
Monday through Friday 8:30 a.m. to In this rule, EPA is finalizing
ENVIRONMENTAL PROTECTION 4:30 p.m., excluding Federal holidays. regulatory text that includes
AGENCY FOR FURTHER INFORMATION CONTACT: incorporation by reference. In
Kelly Sheckler, Air Regulatory accordance with requirements of 1 CFR
40 CFR Part 52 51.5, EPA is finalizing the incorporation
Management Section, Air Planning and
[EPA–R04–OAR–2016–0011; FRL–9952–50– Implementation Branch, Air, Pesticides by reference of TDEC Regulation TAPCR
Region 4] and Toxics Management Division, U.S. 1200–3–18–.24, entitled ‘‘Gasoline
Environmental Protection Agency, Dispensing Facilities,’’ effective July 14,
Air Plan Approval; Tennessee; Region 4, 61 Forsyth Street SW., 2016. Therefore, these materials have
Revision and Removal of Stage I and Atlanta, Georgia 30303–8960. Ms. been approved by EPA for inclusion in
II Gasoline Vapor Recovery Program Sheckler’s phone number is (404) 562– the State Implementation Plan, have
9222. She can also be reached via been incorporated by reference by EPA
AGENCY: Environmental Protection
electronic mail at sheckler.kelly@ into that plan, are fully federally
Agency.
epa.gov. enforceable under sections 110 and 113
ACTION: Final rule. of the CAA as of the effective date of the
SUPPLEMENTARY INFORMATION: final rulemaking of EPA’s approval, and
SUMMARY: The Environmental Protection
Agency (EPA) is approving a revision to I. Background will be incorporated by reference by the
the State Implementation Plan (SIP) On July 15, 2016, Tennessee Director of the Federal Register in the
submitted by the State of Tennessee submitted a SIP revision to EPA seeking next update to the SIP compilation.2
through the Tennessee Department of modifications of the Stage II and Stage The EPA has made, and will continue
Environment and Conservation (TDEC), I requirements in the State. First, in to make, these materials generally
for parallel processing on February 8, relation to Stage II, TDEC seeks the available through www.regulations.gov
2016, and in final form on July 15, 2016. removal of the Stage II vapor recovery and/or at the EPA Region 4 Office
This SIP revision seeks to lower requirements from TAPCR 1200–3–18- (please contact the person identified in
applicability thresholds for certain .24 through the addition of requirements the FOR FURTHER INFORMATION CONTACT
sources subject to Federal Stage I for decommissioning, and the phase out section of this preamble for more
requirements, remove the Stage II vapor of the Stage II vapor recovery systems information).
control requirements, and add over a 3-year period from January 1, III. Final Action
requirements for decommissioning 2016, to January 1, 2019, in Davidson,
EPA is taking final action to approve
gasoline dispensing facilities, as well as Rutherford, Sumner, Williamson and
Tennessee’s July 15, 2016, SIP revision
requirements for new and upgraded Wilson Counties. Second, TDEC seeks to
that changes Tennessee Gasoline
gasoline dispensing facilities in the amend the Stage I requirements for
Dispensing Facilities, Stage I and II
Nashville, Tennessee Area. EPA has gasoline dispensing facilities by
Vapor Recovery, TAPCR rule 1200–03–
determined that Tennessee’s July 15, adopting by reference the federal
18–.24. to: (1) Allow for the removal of
2016, SIP revision is approvable because requirements of 40 CFR part 63, subpart
the Stage II requirement and the orderly
it is consistent with the Clean Air Act CCCCCC and removing most of the
State-specific language for Stage I vapor decommissioning of Stage II equipment;
(CAA or Act).
recovery. EPA published a proposed and (2) incorporate by reference Federal
DATES: This rule will be effective rule 40 CFR part 63, subpart CCCCCC,
October 20, 2016. rulemaking through parallel processing
on June 1, 2016 (81 FR 34940), to and remove certain non-state-specific
ADDRESSES: EPA has established a requirements for the Stage I. EPA has
docket for this action under Docket approve TDEC’s February 8, 2016, draft
SIP revision. The details of Tennessee’s determined that Tennessee’s July 15,
Identification No. EPA–R04–OAR– 2016, SIP revision related to the State’s
2016–0011. All documents in the docket submittal and the rationale for EPA’s
action are explained in the proposed Stage I and II rules is consistent with the
are listed on the www.regulations.gov CAA and EPA’s regulations and
Web site. Although listed in the index, rule. The comment period for this
proposed rulemaking closed on July 1, guidance.
some information is not publicly
available, i.e., Confidential Business 2016. EPA did not receive any IV. Statutory and Executive Order
Information or other information whose comments, adverse or otherwise, related Reviews
disclosure is restricted by statute. to this rulemaking during the public
Under the CAA, the Administrator is
Certain other material, such as comment period.1 EPA noted in its June
required to approve a SIP submission
copyrighted material, is not placed on 1, 2016, proposed rulemaking that the
that complies with the provisions of the
Agency would take final action based on
the Internet and will be publicly Act and applicable federal regulations.
that proposed rulemaking only if no
available only in hard copy form. See 42 U.S.C. 7410(k); 40 CFR 52.02(a).
substantive changes were made to
Publicly available docket materials are Thus, in reviewing SIP submissions,
Tennessee’s submission when it was
available either electronically through EPA’s role is to approve state choices,
provided to EPA in final form. On July
www.regulations.gov or in hard copy at provided that they meet the criteria of
15, 2016, Tennessee provided its final
the Air Regulatory Management Section, the CAA. Accordingly, this action
SIP revision for the aforementioned
Air Planning and Implementation merely approves state law as meeting
changes and no substantive changes had
Lhorne on DSK30JT082PROD with RULES

Branch, Air, Pesticides and Toxics federal requirements and does not
been made between the submission for
Management Division, U.S. impose additional requirements beyond
which EPA proposed approval and the
Environmental Protection Agency, those imposed by state law. For that
Region 4, 61 Forsyth Street SW., 1 EPA received a comment unrelated to the reason, this action:
Atlanta, Georgia 30303–8960. EPA subject of this rulemaking. See the docket for
requests that if at all possible, you today’s rulemaking for this comment in its entirety. 2 See 62 FR 27968 (May 22, 1997).

VerDate Sep<11>2014 14:00 Sep 19, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\20SER1.SGM 20SER1

Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 64355

• Is not a ‘‘significant regulatory practicable and legally permissible affect the finality of this action for the
action’’ subject to review by the Office methods, under Executive Order 12898 purposes of judicial review nor does it
of Management and Budget under (59 FR 7629, February 16, 1994). extend the time within which a petition
Executive Order 12866 (58 FR 51735, In addition, the SIP is not approved to for judicial review may be filed, and
October 4, 1993) and 13563 (76 FR 3821, apply on any Indian reservation land or shall not postpone the effectiveness of
January 21, 2011); in any other area where EPA or an such rule or action. This action may not
• does not impose an information Indian tribe has demonstrated that a be challenged later in proceedings to
collection burden under the provisions tribe has jurisdiction. In those areas of enforce its requirements. See section
of the Paperwork Reduction Act (44 Indian country, the rule does not have 307(b)(2).
U.S.C. 3501 et seq.); tribal implications as specified by List of Subjects in 40 CFR Part 52
• is certified as not having a Executive Order 13175 (65 FR 67249,
significant economic impact on a November 9, 2000), nor will it impose Environmental protection, Air
substantial number of small entities substantial direct costs on tribal pollution control, Incorporation by
under the Regulatory Flexibility Act (5 governments or preempt tribal law. reference, Ozone, Reporting and
U.S.C. 601 et seq.); The Congressional Review Act, 5 recordkeeping requirements, Volatile
• does not contain any unfunded U.S.C. 801 et seq., as added by the Small organic compounds.
mandate or significantly or uniquely Business Regulatory Enforcement Dated: September 7, 2016.
affect small governments, as described Fairness Act of 1996, generally provides
V. Anne Heard,
in the Unfunded Mandates Reform Act that before a rule may take effect, the
of 1995 (Pub. L. 104–4); Acting Regional Administrator, Region 4.
agency promulgating the rule must
• does not have Federalism submit a rule report, which includes a 40 CFR part 52 is amended as follows:
implications as specified in Executive copy of the rule, to each House of the
Order 13132 (64 FR 43255, August 10, Congress and to the Comptroller General PART 52—APPROVAL AND
1999); of the United States. EPA will submit a PROMULGATION OF
• is not an economically significant report containing this action and other IMPLEMENTATION PLANS
regulatory action based on health or required information to the U.S. Senate,
safety risks subject to Executive Order the U.S. House of Representatives, and ■ 1. The authority citation for part 52
13045 (62 FR 19885, April 23, 1997); the Comptroller General of the United continues to read as follows:
• is not a significant regulatory action States prior to publication of the rule in Authority: 42.U.S.C. 7401 et seq.
subject to Executive Order 13211 (66 FR the Federal Register. A major rule
28355, May 22, 2001); cannot take effect until 60 days after it Subpart (RR)—Tennessee
• is not subject to requirements of is published in the Federal Register.
Section 12(d) of the National This action is not a ‘‘major rule’’ as ■ 2. Section 52.2220(c), is amended
Technology Transfer and Advancement defined by 5 U.S.C. 804(2). under CHAPTER 1200–3–18 VOLATILE
Act of 1995 (15 U.S.C. 272 note) because Under section 307(b)(1) of the CAA, ORGANIC COMPOUNDS by revising
application of those requirements would petitions for judicial review of this the entry for ‘‘Section 1200–3–18–.24’’
be inconsistent with the CAA; and action must be filed in the United States to read as follows:
• does not provide EPA with the Court of Appeals for the appropriate
§ 52.2220 Identification of plan.
discretionary authority to address, as circuit by November 21, 2016. Filing a
appropriate, disproportionate human petition for reconsideration by the * * * * *
health or environmental effects, using Administrator of this final rule does not (c) * * *
EPA APPROVED TENNESSEE REGULATIONS
State effective EPA approval
State citation Title/subject Explanation
date date

* * * * * * *

CHAPTER 1200–3–18 VOLATILE ORGANIC COMPOUNDS

* * * * * * *
Section 1200–3–18–.24 ............................... Gasoline Dispensing Facilities ..................... 7/14/16 9/20/16 [Insert
citation of
publication].

* * * * * * *

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Document Created: 2018-02-09 13:20:03
Document Modified: 2018-02-09 13:20:03

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule will be effective October 20, 2016.
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 [email protected]
FR Citation		81 FR 64354
CFR Associated		Environmental Protection; Air Pollution Control; Incorporation by Reference; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds