81 FR 72724 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 204 (October 21, 2016)
Federal Register Volume 81, Issue 204 (October 21, 2016)
| Page Range | 72724-72729 | |
| FR Document | 2016-25301 |
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)] [Rules and Regulations] [Pages 72724-72729] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25301] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2016-0308; FRL-9954-18-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia's state implementation plan (SIP). The revision serves to remove requirements for vapor recovery equipment (also referred to as Stage II vapor recovery, or simply as Stage II) from subject gasoline stations in areas of Virginia that were formerly required to install and operate Stage II under the prior approved SIP. In 2012, EPA determined that new, gasoline-powered vehicles equipped with onboard vapor recovery systems (beginning with those manufactured in model year 1998) were in widespread use and have, in great part, supplanted emission reductions formerly controlled via Stage II vapor recovery on gasoline dispensers at service stations. In two prior rulemakings, EPA has already approved Virginia's demonstrations showing that the emission benefits generated by Stage II vapor recovery have been fully offset, without impacting the affected Virginia areas' ability to attain and maintain any national ambient air quality standard (NAAQS). Virginia amended its existing rules to remove Stage II as a required measure by January 2017 and added decommissioning procedures for stations electing to opt out of the program. EPA is approving this SIP revision to amend the Virginia Stage II vapor recovery program in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on December 20, 2016 without further notice, unless EPA receives adverse written comment by November 21, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03- OAR-2016-0308 at http://www.regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Background Stage II vapor recovery is a means of capturing volatile organic compounds (VOCs) emitted as vapors displaced from a vehicle's gas tank during refueling operations, via vapor controls equipped on a gasoline pump at a gasoline dispensing facility (GDF). Stage II vapor recovery uses special refueling nozzles and coaxial hoses on the gasoline dispenser to capture these vapors that might otherwise be emitted to the atmosphere during vehicle [[Page 72725]] fueling. These gasoline vapors contain toxic air emissions and serve as precursors to the formation of ground-level ozone--an ambient air pollutant regulated under the CAA. Under section 182(b)(3) of the CAA, areas classified as moderate or worse ozone nonattainment were required to adopt a Stage II vapor recovery program. Areas in the Ozone Transport Region (OTR) were required under section 184(a) and (b)(2) to adopt Stage II, or a comparable measure that could achieve similar emission reductions. Virginia has three areas that have approved Stage II SIPs meeting Stage II requirements under the 1990 amendments to the CAA. The Richmond area was designated as moderate nonattainment under the 1-hour ozone NAAQS, and again under the 1997 8-hour ozone NAAQS. On July 26, 1996, Virginia submitted a request to redesignate the Richmond area to attainment of the 1-hour ozone NAAQS. EPA's approval of this request was published in the November 17, 1997 Federal Register (62 FR 61237). On September 26, 2006, Virginia requested redesignation of the Richmond area to attainment for the 1997 8-hour ozone NAAQS. EPA approved that redesignation request in the June 1, 2007 Federal Register (72 FR 30485). However, Virginia's plans for maintenance of the respective NAAQS relied upon the emissions reductions from Stage II as a means to ensure continued maintenance of the ozone NAAQS. Although the 1-hour ozone NAAQS was revoked June 15, 2005, EPA's implementation rule for the 1997 ozone NAAQS retained Stage II as a required measure to prevent backsliding under the NAAQS. The Virginia portion of the Washington, DC-MD-VA ozone nonattainment area (hereafter referred to as the Washington area) was subject to Stage II not only because of its designation as nonattainment for the ozone NAAQS, but also because this area lies in a CAA-established OTR. The area was designated serious nonattainment under the 1-hour ozone NAAQS. Under the 1997 8-hour ozone NAAQS, both the Northern Virginia area and the neighboring Fredericksburg area were designated as moderate nonattainment. On November 13, 2002, EPA reclassified the Virginia portion of the Washington, DC-MD-VA area as severe nonattainment under the 1-hour ozone NAAQS. 67 FR 68805. Virginia subsequently submitted and EPA approved attainment plans for the 1-hour and 1997 8-hour NAAQS for the Washington area, and approved a redesignation and maintenance plan for the Fredericksburg area. Although the 1-hour ozone NAAQS was revoked effective June 2005, EPA's implementation rule for the 1997 ozone NAAQS retained Stage II-related requirements under CAA section 182(b)(3) for certain areas. Therefore, Stage II continued to apply in the Washington, DC nonattainment area as an anti-backsliding measure (for the revoked 1-hour ozone NAAQS) and in the Fredericksburg area as a maintenance measure (under the 1997 ozone NAAQS) pending EPA determination that onboard refueling vapor recovery (ORVR) was in widespread use and Virginia could demonstrate that Stage II was no longer a necessary component of its air quality plans. Virginia adopted Stage II regulations in the November 2, 1992 edition of the Virginia Register of Regulations (Vol. 9, Issue 3) effective January 1, 1993. Stage II applicability was limited to the to the Northern Virginia volatile organic compound (VOC) Emission Control Area (comprised of Arlington, Alexandria, Fairfax, Loudon, Prince William and Stafford Counties, plus the cities of Alexandria, Fairfax, Falls Church, Manassas, and Stafford) and to the Richmond VOC Emission Control Area (comprised of the Counties of Charles City, Chesterfield, Hanover, and Henrico, plus the cities of Colonial Heights, Hopewell, and Richmond). Virginia submitted its Stage II regulation to EPA as a SIP revision on November 5, 1992. EPA approved Virginia's Stage II SIP revision on June 23, 1993 (59 FR 32353). ORVR is an emissions control system equipped on new, gasoline- powered vehicles (beginning with model year 1998 vehicles) for the purpose of capturing refueling gasoline vapors before they escape the vehicle gas tank and to store them in an underhood canister for later engine combustion. Section 202(a)(6) of the CAA directed that Stage II requirements under 182(b)(3) would no longer apply to moderate ozone nonattainment areas upon promulgation of standards for ORVR systems as part of the emission control system on newly manufactured vehicles. Section 202(a)(6) further directs that Stage II requirements no longer apply to ozone nonattainment areas designated serious or worse upon EPA's determination that ORVR technology is in ``widespread use.'' EPA issued its widespread use determination on May 16, 2012 (77 FR 28772), indicating that ORVR was in widespread use throughout the U.S. vehicle fleet, and that at that time ORVR vehicles were essentially equal to and would soon surpass the emissions reductions achieved by Stage II alone. Virginia has examined whether Stage II vapor recovery continues to be necessary for ozone control purposes, given the prevalence of ORVR- equipped gasoline-powered vehicles and the redundancy between ORVR and Stage II systems in reducing gasoline tank displacement emissions associated with refueling. Additionally, Virginia has analyzed the interference effect between certain Stage II systems and ORVR systems. As a result, Virginia determined that Stage II vapor recovery is no longer necessary as a control measure to address ambient ozone in the Washington, Fredericksburg, and Richmond areas. On November 12, 2013 and March 18, 2014, Virginia submitted SIP revisions to EPA that evaluate and address the emissions impacts to each of those affected areas associated with removal of the Stage II program. These plans serve to amend the ozone maintenance plan for the Richmond area and the attainment plan for the Washington area to demonstrate that removal of the Stage II programs will not interfere with those areas' ability to attain and maintain any NAAQS. On May 26, 2015 (80 FR 29959), EPA approved the Commonwealth's March 18, 2014 SIP revision amending the approved ozone attainment plan for the Virginia portion of Washington nonattainment area and the approved ozone maintenance plan for the Fredericksburg area to remove the Stage II program. On August 11, 2014, EPA approved Virginia's November 12, 2013 SIP revision amending the approved ozone maintenance plan SIP for the Richmond area to remove the Stage II program. II. Summary of SIP Revision and EPA Analysis On October 15, 2015, the Commonwealth of Virginia submitted a formal revision to remove the requirements for Stage II vapor recovery controls in Virginia ozone nonattainment areas from the approved Virginia SIP (Revision C14). This October 2015 SIP revision contains the amended Stage II vapor recovery regulatory provisions of Virginia Rule 4-37, entitled ``Emission Standards for Volatile Organic Compounds from Petroleum Liquid Storage and Transfer Operations.'' The October 2015 SIP revision includes Virginia's regulatory amendments listed at 9VAC5-20 and 9VAC5-40 that were adopted by Virginia in June of 2014, and published in the Virginia Register of Regulations on June 15, 2015. The purpose of the Commonwealth's 2015 SIP revision [[Page 72726]] submittal is to remove Stage II vapor recovery requirements applicable in covered areas in Virginia from the Commonwealth's rule provisions governing petroleum liquid storage and transfer operations. Under Virginia's amended Rule 4-37, gasoline stations in the Washington and Fredericksburg areas were no longer required to employ Stage II systems as of January 2014, and Richmond area stations will no longer be required to employ Stage II vapor recovery systems as of January 2017. Virginia's amendment to Rule 4-37 also requires facilities electing to decommission Stage II to meet established decommissioning procedures and those electing to continue to operate Stage II to continue to properly operate and maintain their Stage II systems. As described in the Background section of this action, EPA has already approved Virginia's SIP revisions submitted on November 12, 2013 and March 18, 2014 demonstrating that removal of Stage II as a control measure from the SIP will not interfere with the Washington, Fredericksburg, and Richmond areas' ability to attain and maintain any applicable NAAQS. Virginia's Department of Environmental Quality (VA DEQ) examined whether Stage II vapor recovery is necessary for ozone control purposes, and determined this program is no longer beneficial to air quality of the Commonwealth, given EPA's widespread use determination for ORVR equipment in new vehicles manufactured since 1998 and the inherent redundancies between Stage II vapor recovery equipment and vehicle-based ORVR systems, as well as the known incompatibilities between certain types of Stage II vapor recovery equipment and vehicle- based, ORVR systems. EPA has evaluated the regulatory amendments adopted by Virginia to its Rule 4-37 to rescind Stage II vapor recovery requirements for new and existing stations, to adopt decommissioning procedures and requirements for GDFs electing to no longer operate existing Stage II systems, and to require the continued operation and maintenance of Stage II equipment for stations that elect to continue participation in the program. Virginia's regulatory changes meet EPA guidance and the related requirements of sections 182 and 202 of the CAA with respect to the applicability of Stage II requirements after EPA's issuance of its widespread use policy of ORVR determination in 2012, as described in the Background section of this document. Virginia has properly analyzed the impact of removal of the Stage II program in adherence with EPA's ``Guidance on Removing Stage II Gasoline Vapor Control Programs from State Implementation Plans and Assessing Comparable Measures,'' dated August 7, 2012 (EPA-457/B-12-001), including applicability of Stage II or comparable measures in the OTR, per section 184 of the CAA. As previously found by EPA, Virginia has demonstrated that removal of the Stage II requirement does not interfere with any affected area's ability to attain or maintain a NAAQS, under section 110(l) of the CAA. For further information on Virginia's analysis of the impacts of removal of the Stage II programs in the Washington and Fredericksburg areas, please refer to EPA's May 26, 2015 approval of the SIP demonstration applicable to those areas. See 80 FR 29959. For further information with respect to Virginia's analysis of the removal of Stage II in the Richmond area, please refer to EPA's August 11, 2014 approval of the Commonwealth's demonstration applicable to Richmond. See 79 FR 4671. III. Final Action EPA is approving Virginia's revision to its SIP to include revised Stage II vapor recovery provisions to remove the requirement for Virginia area GDFs to operate Stage II in areas formerly subject to Stage II under CAA sections 182 and 184, and to add provisions setting requirements for GDFs opting to decommission existing Stage II systems. As described previously, EPA previously approved two earlier, related Virginia SIP revisions demonstrating that Virginia's Stage II-affected areas (i.e., the Virginia portion of Washington, DC, Fredericksburg, and Richmond ozone nonattainment areas) will not be adversely affected by the removal of the Stage II vapor recovery requirement. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ``Proposed Rules'' section of today's Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on December 20, 2016 without further notice unless EPA receives adverse comment by November 21, 2016. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ``privilege'' for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia's legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia's Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1- 1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege to documents and information ``required by law,'' including documents and information ``required by federal law to maintain program delegation, authorization or approval,'' since Virginia must ``enforce federally authorized environmental programs in a manner that is no less stringent than their federal counterparts . . . .'' The opinion concludes that ``[r]egarding Sec. 10.1-1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by federal law to maintain program delegation, authorization or approval.'' [[Page 72727]] Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that ``[t]o the extent consistent with requirements imposed by federal law,'' any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General's January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any federally authorized programs, since ``no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with federal law, which is one of the criteria for immunity.'' Therefore, EPA has determined that Virginia's Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its program consistent with the federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is likewise unaffected by this, or any, state audit privilege or immunity law. V. 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 Virginia's amendments to Article 37 of 9VAC5-40, relating also to amendments to Virginia's general provisions at 9VAC5-20-21, reflecting the addition of a new source of documents incorporated by reference, effective on July 20, 2015. Additionally, Virginia amended its Rule 4-37 governing petroleum liquid and transfer operations applicable to existing stationary sources. Specifically, Virginia modified requirements for the Commonwealth's Stage II vapor recovery program in 9-VAC5-5220 and 9VAC5-5270, effective July 20, 2015. These materials have been approved by EPA for inclusion in the SIP, 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 of the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region III Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- VI. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 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 and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). B. Submission to Congress and the Comptroller General 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). C. Petitions for Judicial Review 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 December 20, 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. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today's Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action to amend Virginia's approved Stage II [[Page 72728]] vapor recovery SIP to amend the Commonwealth's requirements for the Stage II vapor recovery program 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, Intergovernmental relations, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: September 29, 2016. Shawn M. Garvin, Regional Administrator, Region III. 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 VV--Virginia 0 2. Amend Sec. 52.2420: 0 a. In the table in paragraph (c) by revising the entry ``5-40-5220'' and adding in numerical order an entry for ``5-40-5270'': and 0 b. In the table in paragraph (e) by revising an entry ``Documents Incorporated by Reference (9 VAC 5-20-21, Section B.)'' and adding ``Documents Incorporated by Reference (9 VAC 5-20-21, Section E.15.)'' at the end of the table. The revised and added text reads as follows: Sec. 52.2420 Identification of plan. * * * * * (c) * * * EPA-Approved Virginia Regulations and Statutes ---------------------------------------------------------------------------------------------------------------- Explanation State citation Title/Subject State EPA Approval date [former SIP effective date citation] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 9 VAC 5, Chapter 40 Existing Stationary Sources[Part IV] ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part II Emissions Standards ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37) ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 5-40-5220...................... Standard for Volatile 07/30/2015 10/21/2016 [Insert .................. Organic Compounds. Federal Register Citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- 5-40-5270...................... Standard for Toxic 07/30/2015 10/21/2016 [Insert .................. Pollutants. Federal Register Citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * (e) * * * ---------------------------------------------------------------------------------------------------------------- Name of non-regulatory SIP Applicable geographic State Additional revision area submittal date EPA Approval date explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Documents Incorporated by Northern Virginia 10/1/2015 10/21/2016 [Insert State effective Reference (9 VAC 5-20-21, (Metropolitan Federal Register date is 7/30/15. Section B.). Washington) Ozone Citation]. Nonattainment Area, Fredericksburg Ozone Maintenance Area, Richmond-Petersburg Ozone Maintenance Area. ---------------------------------------------------------------------------------------------------------------- [[Page 72729]] * * * * * * * ---------------------------------------------------------------------------------------------------------------- Documents Incorporated by Northern Virginia 10/1/2015 10/21/2016 [Insert State effective Reference (9 VAC 5-20-21, (Metropolitan Federal Register date is 7/30/15. Section E.15.). Washington) Ozone Citation]. Nonattainment Area, Fredericksburg Ozone Maintenance Area, Richmond-Petersburg Ozone Maintenance Area. ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-25301 Filed 10-20-16; 8:45 am] BILLING CODE 6560-50-P
![72724 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
State EPA Final rule
Title effective effective Comments
citation/date
date date
* * * * * * *
5 CCR 1001–13, Regulation Number 11, Motor Vehicle Emissions Inspection Program—Part F, Maximum Allowable Emissions Limits
for Motor Vehicle Exhaust, Evaporative and Visible Emissions for Light-Duty and Heavy-Duty Vehicles
* * * * * * *
V. Visible Smoke ........................................................ 2/15/2013 11/21/2016 [Insert Federal Register
citation], 10/21/2016.
VI. Clean Screen Program Maximum Allowable 8/30/2007 11/21/2016 [Insert Federal Register
Emissions Limits. citation], 10/21/2016.
VII. On-Board Diagnostic Inspection Passing Criteria 2/15/2013 11/21/2016 [Insert Federal Register
citation], 10/21/2016.
5 CCR 1001–13, Regulation Number 11, Appendices
Appendix A, Specifications for Colorado 94 Analyzer 8/30/2007 11/21/2016 [Insert Federal Register
12/30/2013 citation], 10/21/2016.
Appendix B, Standards and Specifications for the 12/30/2013 11/21/2016 [Insert Federal Register
Suppliers of Span and Calibration Gases. citation], 10/21/2016.
* * * * * * *
* * * * * dispensers at service stations. In two information you consider to be
[FR Doc. 2016–25295 Filed 10–20–16; 8:45 am] prior rulemakings, EPA has already confidential business information (CBI)
BILLING CODE 6560–50–P approved Virginia’s demonstrations or other information whose disclosure is
showing that the emission benefits restricted by statute. Multimedia
generated by Stage II vapor recovery submissions (audio, video, etc.) must be
ENVIRONMENTAL PROTECTION have been fully offset, without accompanied by a written comment.
AGENCY impacting the affected Virginia areas’ The written comment is considered the
ability to attain and maintain any official comment and should include
40 CFR Part 52 national ambient air quality standard discussion of all points you wish to
[EPA–R03–OAR–2016–0308; FRL–9954–18– (NAAQS). Virginia amended its existing make. EPA will generally not consider
Region 3] rules to remove Stage II as a required comments or comment contents located
measure by January 2017 and added outside of the primary submission (i.e.
Approval and Promulgation of Air decommissioning procedures for on the Web, cloud, or other file sharing
Quality Implementation Plans; Virginia; stations electing to opt out of the system). For additional submission
Removal of Stage II Gasoline Vapor program. EPA is approving this SIP methods, please contact the person
Recovery Requirements for Gasoline revision to amend the Virginia Stage II identified in the FOR FURTHER
Dispensing Facilities vapor recovery program in accordance INFORMATION CONTACT section. For the
AGENCY: Environmental Protection with the requirements of the Clean Air full EPA public comment policy,
Act (CAA). information about CBI or multimedia
Agency (EPA).
DATES: This rule is effective on submissions, and general guidance on
ACTION: Direct final rule.
December 20, 2016 without further making effective comments, please visit
SUMMARY: The Environmental Protection notice, unless EPA receives adverse http://www2.epa.gov/dockets/
Agency (EPA) is taking direct final written comment by November 21, commenting-epa-dockets.
action to approve revisions to the 2016. If EPA receives such comments, it FOR FURTHER INFORMATION CONTACT:
Commonwealth of Virginia’s state will publish a timely withdrawal of the Brian Rehn, (215) 814–2176, or by email
implementation plan (SIP). The revision direct final rule in the Federal Register at rehn.brian@epa.gov.
serves to remove requirements for vapor and inform the public that the rule will SUPPLEMENTARY INFORMATION:
recovery equipment (also referred to as not take effect.
Stage II vapor recovery, or simply as ADDRESSES: Submit your comments, I. Background
Stage II) from subject gasoline stations identified by Docket ID No. EPA–R03– Stage II vapor recovery is a means of
in areas of Virginia that were formerly OAR–2016–0308 at http:// capturing volatile organic compounds
required to install and operate Stage II www.regulations.gov, or via email to (VOCs) emitted as vapors displaced
under the prior approved SIP. In 2012, pino.maria@epa.gov. For comments from a vehicle’s gas tank during
asabaliauskas on DSK3SPTVN1PROD with RULES
EPA determined that new, gasoline- submitted at Regulations.gov, follow the refueling operations, via vapor controls
powered vehicles equipped with online instructions for submitting equipped on a gasoline pump at a
onboard vapor recovery systems comments. Once submitted, comments gasoline dispensing facility (GDF). Stage
(beginning with those manufactured in cannot be edited or removed from II vapor recovery uses special refueling
model year 1998) were in widespread Regulations.gov. For either manner of nozzles and coaxial hoses on the
use and have, in great part, supplanted submission, EPA may publish any gasoline dispenser to capture these
emission reductions formerly controlled comment received to its public docket. vapors that might otherwise be emitted
via Stage II vapor recovery on gasoline Do not submit electronically any to the atmosphere during vehicle
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![72726 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
submittal is to remove Stage II vapor analyzed the impact of removal of the proposed rule. EPA will not institute a
recovery requirements applicable in Stage II program in adherence with second comment period on this action.
covered areas in Virginia from the EPA’s ‘‘Guidance on Removing Stage II Any parties interested in commenting
Commonwealth’s rule provisions Gasoline Vapor Control Programs from must do so at this time.
governing petroleum liquid storage and State Implementation Plans and
IV. General Information Pertaining to
transfer operations. Under Virginia’s Assessing Comparable Measures,’’ dated
SIP Submittals From the
amended Rule 4–37, gasoline stations in August 7, 2012 (EPA–457/B–12–001),
Commonwealth of Virginia
the Washington and Fredericksburg including applicability of Stage II or
areas were no longer required to employ comparable measures in the OTR, per In 1995, Virginia adopted legislation
Stage II systems as of January 2014, and section 184 of the CAA. As previously that provides, subject to certain
Richmond area stations will no longer found by EPA, Virginia has conditions, for an environmental
be required to employ Stage II vapor demonstrated that removal of the Stage assessment (audit) ‘‘privilege’’ for
recovery systems as of January 2017. II requirement does not interfere with voluntary compliance evaluations
Virginia’s amendment to Rule 4–37 also any affected area’s ability to attain or performed by a regulated entity. The
requires facilities electing to maintain a NAAQS, under section 110(l) legislation further addresses the relative
decommission Stage II to meet of the CAA. burden of proof for parties either
established decommissioning For further information on Virginia’s asserting the privilege or seeking
procedures and those electing to analysis of the impacts of removal of the disclosure of documents for which the
continue to operate Stage II to continue Stage II programs in the Washington and privilege is claimed. Virginia’s
to properly operate and maintain their Fredericksburg areas, please refer to legislation also provides, subject to
Stage II systems. EPA’s May 26, 2015 approval of the SIP certain conditions, for a penalty waiver
As described in the Background demonstration applicable to those areas. for violations of environmental laws
section of this action, EPA has already See 80 FR 29959. For further when a regulated entity discovers such
approved Virginia’s SIP revisions information with respect to Virginia’s violations pursuant to a voluntary
submitted on November 12, 2013 and analysis of the removal of Stage II in the compliance evaluation and voluntarily
March 18, 2014 demonstrating that Richmond area, please refer to EPA’s discloses such violations to the
removal of Stage II as a control measure August 11, 2014 approval of the Commonwealth and takes prompt and
from the SIP will not interfere with the Commonwealth’s demonstration appropriate measures to remedy the
Washington, Fredericksburg, and applicable to Richmond. See 79 FR violations. Virginia’s Voluntary
Richmond areas’ ability to attain and 4671. Environmental Assessment Privilege
maintain any applicable NAAQS. Law, Va. Code Sec. 10.1–1198, provides
Virginia’s Department of III. Final Action a privilege that protects from disclosure
Environmental Quality (VA DEQ) EPA is approving Virginia’s revision documents and information about the
examined whether Stage II vapor to its SIP to include revised Stage II content of those documents that are the
recovery is necessary for ozone control vapor recovery provisions to remove the product of a voluntary environmental
purposes, and determined this program requirement for Virginia area GDFs to assessment. The Privilege Law does not
is no longer beneficial to air quality of operate Stage II in areas formerly subject extend to documents or information
the Commonwealth, given EPA’s to Stage II under CAA sections 182 and that: (1) Are generated or developed
widespread use determination for ORVR 184, and to add provisions setting before the commencement of a
equipment in new vehicles requirements for GDFs opting to voluntary environmental assessment; (2)
manufactured since 1998 and the decommission existing Stage II systems. are prepared independently of the
inherent redundancies between Stage II As described previously, EPA assessment process; (3) demonstrate a
vapor recovery equipment and vehicle- previously approved two earlier, related clear, imminent and substantial danger
based ORVR systems, as well as the Virginia SIP revisions demonstrating to the public health or environment; or
known incompatibilities between that Virginia’s Stage II-affected areas (4) are required by law.
certain types of Stage II vapor recovery (i.e., the Virginia portion of Washington, On January 12, 1998, the
equipment and vehicle-based, ORVR DC, Fredericksburg, and Richmond Commonwealth of Virginia Office of the
systems. ozone nonattainment areas) will not be Attorney General provided a legal
EPA has evaluated the regulatory adversely affected by the removal of the opinion that states that the Privilege
amendments adopted by Virginia to its Stage II vapor recovery requirement. Law, Va. Code § 10.1–1198, precludes
Rule 4–37 to rescind Stage II vapor EPA is publishing this rule without granting a privilege to documents and
recovery requirements for new and prior proposal because EPA views this information ‘‘required by law,’’
existing stations, to adopt as a noncontroversial amendment and including documents and information
decommissioning procedures and anticipates no adverse comment. ‘‘required by federal law to maintain
requirements for GDFs electing to no However, in the ‘‘Proposed Rules’’ program delegation, authorization or
longer operate existing Stage II systems, section of today’s Federal Register, EPA approval,’’ since Virginia must ‘‘enforce
and to require the continued operation is publishing a separate document that federally authorized environmental
and maintenance of Stage II equipment will serve as the proposal to approve the programs in a manner that is no less
for stations that elect to continue SIP revision if adverse comments are stringent than their federal counterparts
participation in the program. Virginia’s filed. This rule will be effective on . . . .’’ The opinion concludes that
regulatory changes meet EPA guidance December 20, 2016 without further ‘‘[r]egarding § 10.1–1198, therefore,
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and the related requirements of sections notice unless EPA receives adverse documents or other information needed
182 and 202 of the CAA with respect to comment by November 21, 2016. If EPA for civil or criminal enforcement under
the applicability of Stage II receives adverse comment, EPA will one of these programs could not be
requirements after EPA’s issuance of its publish a timely withdrawal in the privileged because such documents and
widespread use policy of ORVR Federal Register informing the public information are essential to pursuing
determination in 2012, as described in that the rule will not take effect. EPA enforcement in a manner required by
the Background section of this will address all public comments in a federal law to maintain program
document. Virginia has properly subsequent final rule based on the delegation, authorization or approval.’’
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![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 72727
Virginia’s Immunity law, Va. Code Sec. be incorporated by reference by the • does not provide EPA with the
10.1–1199, provides that ‘‘[t]o the extent Director of the Federal Register in the discretionary authority to address, as
consistent with requirements imposed next update of the SIP compilation.1 appropriate, disproportionate human
by federal law,’’ any person making a EPA has made, and will continue to health or environmental effects, using
voluntary disclosure of information to a make, these materials generally practicable and legally permissible
state agency regarding a violation of an available through www.regulations.gov methods, under Executive Order 12898
environmental statute, regulation, and/or at the EPA Region III Office (59 FR 7629, February 16, 1994).
permit, or administrative order is (please contact the person identified in The SIP is not approved to apply on
granted immunity from administrative the ‘‘For Further Information Contact’’ any Indian reservation land as defined
or civil penalty. The Attorney General’s section of this preamble for more in 18 U.S.C. 1151 or in any other area
January 12, 1998 opinion states that the information). where EPA or an Indian tribe has
quoted language renders this statute demonstrated that a tribe has
inapplicable to enforcement of any VI. Statutory and Executive Order jurisdiction. In those areas of Indian
federally authorized programs, since Reviews country, the rule does not have tribal
‘‘no immunity could be afforded from A. General Requirements implications and will not impose
administrative, civil, or criminal substantial direct costs on tribal
Under the CAA, the Administrator is governments or preempt tribal law as
penalties because granting such
required to approve a SIP submission specified by Executive Order 13175 (65
immunity would not be consistent with
federal law, which is one of the criteria that complies with the provisions of the FR 67249, November 9, 2000).
for immunity.’’ CAA and applicable federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a). B. Submission to Congress and the
Therefore, EPA has determined that
Thus, in reviewing SIP submissions, Comptroller General
Virginia’s Privilege and Immunity
statutes will not preclude the EPA’s role is to approve state choices, The Congressional Review Act, 5
Commonwealth from enforcing its provided that they meet the criteria of U.S.C. 801 et seq., as added by the Small
program consistent with the federal the CAA. Accordingly, this action Business Regulatory Enforcement
requirements. In any event, because merely approves state law as meeting Fairness Act of 1996, generally provides
EPA has also determined that a state federal requirements and does not that before a rule may take effect, the
audit privilege and immunity law can impose additional requirements beyond agency promulgating the rule must
affect only state enforcement and cannot those imposed by state law. For that submit a rule report, which includes a
have any impact on federal enforcement reason, this action: copy of the rule, to each House of the
authorities, EPA may at any time invoke • Is not a ‘‘significant regulatory Congress and to the Comptroller General
its authority under the CAA, including, action’’ subject to review by the Office of the United States. EPA will submit a
for example, sections 113, 167, 205, 211 of Management and Budget under report containing this action and other
or 213, to enforce the requirements or Executive Orders 12866 (58 FR 51735, required information to the U.S. Senate,
prohibitions of the state plan, October 4, 1993) and 13563 (76 FR 3821, the U.S. House of Representatives, and
independently of any state enforcement January 21, 2011); the Comptroller General of the United
effort. In addition, citizen enforcement • does not impose an information States prior to publication of the rule in
under section 304 of the CAA is collection burden under the provisions the Federal Register. A major rule
likewise unaffected by this, or any, state of the Paperwork Reduction Act (44 cannot take effect until 60 days after it
audit privilege or immunity law. U.S.C. 3501 et seq.); is published in the Federal Register.
• is certified as not having a This action is not a ‘‘major rule’’ as
V. Incorporation by Reference significant economic impact on a defined by 5 U.S.C. 804(2).
In this rule, EPA is finalizing substantial number of small entities
under the Regulatory Flexibility Act (5 C. Petitions for Judicial Review
regulatory text that includes
incorporation by reference. In U.S.C. 601 et seq.); Under section 307(b)(1) of the CAA,
accordance with requirements of 1 CFR • does not contain any unfunded petitions for judicial review of this
51.5, EPA is finalizing the incorporation mandate or significantly or uniquely action must be filed in the United States
by reference of Virginia’s amendments affect small governments, as described Court of Appeals for the appropriate
to Article 37 of 9VAC5–40, relating also in the Unfunded Mandates Reform Act circuit by December 20, 2016. Filing a
to amendments to Virginia’s general of 1995 (Pub. L. 104–4); petition for reconsideration by the
provisions at 9VAC5–20–21, reflecting • does not have federalism Administrator of this final rule does not
the addition of a new source of implications as specified in Executive affect the finality of this action for the
documents incorporated by reference, Order 13132 (64 FR 43255, August 10, purposes of judicial review nor does it
effective on July 20, 2015. Additionally, 1999); extend the time within which a petition
Virginia amended its Rule 4–37 • is not an economically significant for judicial review may be filed, and
governing petroleum liquid and transfer regulatory action based on health or shall not postpone the effectiveness of
operations applicable to existing safety risks subject to Executive Order such rule or action. Parties with
stationary sources. Specifically, Virginia 13045 (62 FR 19885, April 23, 1997); objections to this direct final rule are
modified requirements for the • is not a significant regulatory action encouraged to file a comment in
Commonwealth’s Stage II vapor subject to Executive Order 13211 (66 FR response to the parallel notice of
recovery program in 9–VAC5–5220 and 28355, May 22, 2001); proposed rulemaking for this action
asabaliauskas on DSK3SPTVN1PROD with RULES
9VAC5–5270, effective July 20, 2015. • is not subject to requirements of published in the proposed rules section
These materials have been approved by Section 12(d) of the National of today’s Federal Register, rather than
EPA for inclusion in the SIP, have been Technology Transfer and Advancement file an immediate petition for judicial
incorporated by reference by EPA into Act of 1995 (15 U.S.C. 272 note) because review of this direct final rule, so that
that plan, are fully federally enforceable application of those requirements would EPA can withdraw this direct final rule
under sections 110 and 113 of the CAA be inconsistent with the CAA; and and address the comment in the
as of the effective date of the final proposed rulemaking action. This action
rulemaking of EPA’s approval, and will 1 62 FR 27968 (May 22, 1997). to amend Virginia’s approved Stage II
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![72728 Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations
vapor recovery SIP to amend the Dated: September 29, 2016. ■ a. In the table in paragraph (c) by
Commonwealth’s requirements for the Shawn M. Garvin, revising the entry ‘‘5–40–5220’’ and
Stage II vapor recovery program may not Regional Administrator, Region III. adding in numerical order an entry for
be challenged later in proceedings to ‘‘5–40–5270’’: and
40 CFR part 52 is amended as follows: ■ b. In the table in paragraph (e) by
enforce its requirements. (See section
307(b)(2).) revising an entry ‘‘Documents
PART 52—APPROVAL AND
Incorporated by Reference (9 VAC 5–
List of Subjects in 40 CFR Part 52 PROMULGATION OF
20–21, Section B.)’’ and adding
IMPLEMENTATION PLANS
‘‘Documents Incorporated by Reference
Environmental protection, Air
(9 VAC 5–20–21, Section E.15.)’’ at the
pollution control, Incorporation by ■ 1. The authority citation for part 52 end of the table.
reference, Intergovernmental relations, continues to read as follows: The revised and added text reads as
Ozone, Reporting and recordkeeping Authority: 42 U.S.C. 7401 et seq. follows:
requirements, Volatile organic
compounds. Subpart VV—Virginia § 52.2420 Identification of plan.
* * * * *
■ 2. Amend § 52.2420: (c) * * *
EPA–APPROVED VIRGINIA REGULATIONS AND STATUTES
State Explanation [former SIP
State citation Title/Subject effective EPA Approval date citation]
date
* * * * * * *
9 VAC 5, Chapter 40 Existing Stationary Sources[Part IV]
* * * * * * *
Part II Emissions Standards
* * * * * * *
Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4–37)
* * * * * * *
5–40–5220 ..................... Standard for Volatile Organic Compounds ........ 07/30/2015 10/21/2016 [Insert Fed-
eral Register Cita-
tion].
* * * * * * *
5–40–5270 ..................... Standard for Toxic Pollutants ............................. 07/30/2015 10/21/2016 [Insert Fed-
eral Register Cita-
tion].
* * * * * * *
* * * * * (e) * * *
State
Name of non-regulatory Applicable geographic area submittal EPA Approval date Additional explanation
SIP revision date
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* * * * * * *
Documents Incorporated Northern Virginia (Metropolitan Washington) 10/1/2015 10/21/2016 [Insert Fed- State effective date is
by Reference (9 VAC Ozone Nonattainment Area, Fredericksburg eral Register Cita- 7/30/15.
5–20–21, Section B.). Ozone Maintenance Area, Richmond-Peters- tion].
burg Ozone Maintenance Area.
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![Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Rules and Regulations 72729
State
Name of non-regulatory Applicable geographic area submittal EPA Approval date Additional explanation
SIP revision date
* * * * * * *
Documents Incorporated Northern Virginia (Metropolitan Washington) 10/1/2015 10/21/2016 [Insert Fed- State effective date is
by Reference (9 VAC Ozone Nonattainment Area, Fredericksburg eral Register Cita- 7/30/15.
5–20–21, Section Ozone Maintenance Area, Richmond-Peters- tion].
E.15.). burg Ozone Maintenance Area.
* * * * * * *
* * * * * reconsideration are available in the reconsideration is nationally applicable
[FR Doc. 2016–25301 Filed 10–20–16; 8:45 am] docket under Docket ID No. EPA–HQ– for purposes of CAA section 307(b)(1)
BILLING CODE 6560–50–P OAR–2009–0734. because the action directly affects the
Docket. The EPA has established a final Standards of Performance for New
docket for this action under Docket ID Residential Wood Heaters, new
ENVIRONMENTAL PROTECTION No. EPA–HQ–OAR–2009–0734. Residential Hydronic Heaters and
AGENCY Publicly available docket materials are Forced-Air Furnaces published on
available either electronically through March 16, 2015, (‘‘2015 New Source
40 CFR Part 60 http://www.regulations.gov or in hard Performance Standards (NSPS)’’), which
[EPA–HQ–OAR–2009–0734; FRL–9954–38– copy at the EPA Docket Center (EPA/ are nationally applicable regulations.
OAR] DC), EPA WJC West, Room 3334, 1301 Thus, any petitions for review of the
Constitution Ave. NW., Washington, EPA’s decision to deny the petition for
Reconsideration of Standards of DC. The EPA Docket Center Public reconsideration described in this
Performance for New Residential Reading Room is open from 8:30 a.m. to document must be filed in the United
Wood Heaters, New Residential 4:30 p.m., Monday through Friday, States Court of Appeals for the District
Hydronic Heaters and Forced-Air excluding legal holidays. The telephone of Columbia Circuit by December 20,
Furnaces number for the Public Reading Room is 2016.
AGENCY: Environmental Protection (202) 566–1744, and the telephone
III. Description of Action
Agency (EPA). number for the Air Docket is (202) 566–
1742. This action, the petition for The 2015 NSPS finalizes amendments
ACTION: Notice of final action denying
reconsideration and the EPA’s letter to the 1988 Standards of Performance
petition for reconsideration. for New Residential Wood Heaters (40
addressing the petition can also be
SUMMARY: This action provides notice found on the EPA’s Web site at http:// CFR part 60, subpart AAA), i.e., the
that the U.S. Environmental Protection www.epa.gov/ttn/oarpg. 1988 NSPS, and adds one new subpart:
Agency (EPA) Administrator, Gina Electronic access. You may access this Standards of Performance for the New
McCarthy, denied a petition for Federal Register document Residential Hydronic Heaters and
reconsideration of the final Standards of electronically from the Government Forced-Air Furnaces (40 CFR part 60,
Performance for New Residential Wood Printing Office under the ‘‘Federal subpart QQQQ). The 2015 NSPS was
Heaters, New Residential Hydronic Register’’ listings at FDSys (http:// developed following a CAA section
Heaters and Forced-Air Furnaces www.gpo.gov/fdsys/browse/ 111(b)(1)(B) review of the 1988 NSPS
published in the Federal Register on collection.action?collectionCode=FR). (53 FR 5860, February 26, 1988). This
March 16, 2015. information is contained in the docket,
II. Judicial Review which is available at http://
DATES: This action is effective on
October 21, 2016. Section 307(b)(1) of the Clean Air Act www.regulations.gov. On February 3,
(CAA) indicates which Federal Court of 2014, the EPA proposed Standards of
FOR FURTHER INFORMATION CONTACT: Ms.
Appeals have venue over petitions for Performance for New Residential Wood
Amanda Aldridge, Outreach and
review of final EPA actions. This section Heaters, New Residential Hydronic
Information Division (C304–05), Office
provides, in part, that the petitions for Heaters and Forced-Air Furnaces (79 FR
of Air Quality Planning and Standards,
review must be filed in the Court of 6373). The EPA received additional data
Environmental Protection Agency,
Appeals for the District of Columbia and comments during the public
Research Triangle Park, North Carolina
Circuit if: (i) The agency action consists comment period. These data and
27711; telephone number: (919) 541–
of ‘‘nationally applicable regulations comments were considered and
5268; fax number (919) 541–2664; email
promulgated, or final action taken, by analyzed and, where appropriate, the
address: aldridge.amanda@epa.gov.
the Administrator;’’ or (ii) such actions EPA revised the proposed rule. The
SUPPLEMENTARY INFORMATION: are locally or regionally applicable, if final rule was published on March 16,
asabaliauskas on DSK3SPTVN1PROD with RULES
I. General Information ‘‘such action is based on a 2015 (80 FR 13671).
determination of nationwide scope or On June 2, 2015, Richard S. Burns &
A. How can I get copies of this effect and if in taking such action the Company, Inc. (‘‘Burns’’) submitted a
document and other related Administrator finds and publishes that petition for reconsideration of the 2015
information? such action is based on such a NSPS (80 FR 13671, March 16, 2015). In
This Federal Register notice, the determination.’’ its petition, Burns asks the EPA to
petition for reconsideration and the The EPA has determined that its reconsider aspects of the final rule’s
EPA’s letter addressing the petition for action denying the petition for pellet fuel requirements in 40 CFR
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Document Created: 2018-02-13 16:35:42
Document Modified: 2018-02-13 16:35:42
| 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 | Direct final rule. | |
| Dates | This rule is effective on December 20, 2016 without further notice, unless EPA receives adverse written comment by November 21, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. | |
| Contact | Brian Rehn, (215) 814-2176, or by email at [email protected] | |
| FR Citation | 81 FR 72724 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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