81_FR_72961 81 FR 72757 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities

81 FR 72757 - 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)

Page Range72757-72758
FR Document2016-25297

The Environmental Protection Agency (EPA) proposes to approve the state implementation plan (SIP) revision submitted by the Commonwealth of Virginia for the purpose of removing the requirement for gasoline vapor recovery equipment on gasoline dispensing pumps (otherwise referred to as Stage II vapor recovery, or simply as Stage II) in Virginia area facilities formerly required to have installed and operated Stage II vapor recovery controls under the prior, approved Virginia SIP. In the Rules and Regulations section of this Federal Register, EPA is approving the Commonwealth's SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for EPA's approval of Virginia's Stage II-related SIP revision with amended regulations addressing vapor recovery is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time.

Federal Register, Volume 81 Issue 204 (Friday, October 21, 2016)
[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Proposed Rules]
[Pages 72757-72758]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25297]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0308; FRL-9954-17-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: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) proposes to approve 
the state implementation plan (SIP) revision submitted by the 
Commonwealth of Virginia for the purpose of removing the requirement 
for gasoline vapor recovery equipment on gasoline dispensing pumps 
(otherwise referred to as Stage II vapor recovery, or simply as Stage 
II) in Virginia area facilities formerly required to have installed and 
operated Stage II vapor recovery controls under the prior, approved 
Virginia SIP. In the Rules and Regulations section of this Federal 
Register, EPA is approving the Commonwealth's SIP submittal as a direct 
final rule without prior proposal because the Agency views this as a 
noncontroversial submittal and anticipates no adverse comments. A 
detailed rationale for EPA's approval of Virginia's Stage II-related 
SIP revision with amended regulations addressing vapor recovery is set 
forth in the direct final rule. If no adverse comments are received in 
response to this action, no further activity is contemplated. If EPA 
receives adverse comments, the direct final rule will be withdrawn and 
all public comments received will be addressed in a subsequent final 
rule based on this proposed rule. EPA will not institute a second 
comment period. Any parties interested in commenting on this action 
should do so at this time.

DATES: Comments must be received in writing by November 21, 2016.

[[Page 72758]]


ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2016-0308 at http://www.regulations.gov, or via email to 
pino.maria@epa.gov. 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, the 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. The 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 rehn.brian@epa.gov.

SUPPLEMENTARY INFORMATION: For further information, please see the 
information provided in the direct final action, with the same title, 
that is located in the Rules and Regulations section of this issue of 
the Federal Register.

    Dated: September 29, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.
[FR Doc. 2016-25297 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                            Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules                                              72757

                                                    B. Subpart 1 RACM Requirements                          Thus, in reviewing SIP submissions,                   reference, Intergovernmental relations,
                                                       Subpart 1 requires that each                         EPA’s role is to approve state choices,               Nitrogen dioxide, Particulate matter,
                                                    attainment plan ‘‘provide for the                       provided that they meet the criteria of               Reporting and recordkeeping
                                                    implementation of all reasonably                        the CAA. Accordingly, this proposed                   requirements, Sulfur oxides, Volatile
                                                    available control measures as                           action merely proposes to approve state               organic compounds.
                                                    expeditiously as practicable (including                 law as meeting federal requirements and                 Authority: 42 U.S.C. 7401 et seq.
                                                    such reductions in emission from the                    does not impose additional
                                                                                                            requirements beyond those imposed by                    Dated: October 11, 2016.
                                                    existing sources in the area as may be                                                                        Heather McTeer Toney,
                                                    obtained through the adoption, at a                     state law. For that reason, this proposed
                                                                                                            action:                                               Regional Administrator, Region 4.
                                                    minimum, of reasonably available
                                                    control technology), and shall provide                     • Is not a significant regulatory action           [FR Doc. 2016–25433 Filed 10–20–16; 8:45 am]
                                                    for attainment of the national primary                  subject to review by the Office of                    BILLING CODE 6560–50–P

                                                    ambient air quality standards.’’ See CAA                Management and Budget under
                                                    section 172(c)(1). EPA has consistently                 Executive Orders 12866 (58 FR 51735,
                                                    interpreted this provision to require                   October 4, 1993) and 13563 (76 FR 3821,               ENVIRONMENTAL PROTECTION
                                                    only implementation of potential RACM                   January 21, 2011);                                    AGENCY
                                                    measures that could advance                                • does not impose an information
                                                                                                            collection burden under the provisions                40 CFR Part 52
                                                    attainment.5 Thus, when an area is
                                                    already attaining the standard, no                      of the Paperwork Reduction Act (44
                                                    additional RACM measures are                            U.S.C. 3501 et seq.);                                 [EPA–R03–OAR–2016–0308; FRL–9954–17–
                                                    required. EPA’s interpretation that                        • is certified as not having a                     Region 3]
                                                    Subpart 1 requires only the                             significant economic impact on a
                                                                                                            substantial number of small entities                  Approval and Promulgation of Air
                                                    implementation of RACM measures that                                                                          Quality Implementation Plans; Virginia;
                                                    would advance attainment was upheld                     under the Regulatory Flexibility Act (5
                                                                                                            U.S.C. 601 et seq.);                                  Removal of Stage II Gasoline Vapor
                                                    by the United States Court of Appeals in
                                                    the Fifth Circuit 6 and by the United                      • does not contain any unfunded                    Recovery Requirements for Gasoline
                                                                                                            mandate or significantly or uniquely                  Dispensing Facilities
                                                    States Court of Appeals for the D.C.
                                                    Circuit.7                                               affect small governments, as described                AGENCY:  Environmental Protection
                                                                                                            in the Unfunded Mandates Reform Act                   Agency (EPA).
                                                    C. Proposed Action                                      of 1995 (Pub. L. 104–4);
                                                                                                                                                                  ACTION: Proposed rule.
                                                       In its August 9, 2016, SIP submission,                  • does not have Federalism
                                                    the Commonwealth determined that no                     implications as specified in Executive                SUMMARY:    The Environmental Protection
                                                    additional control measures are                         Order 13132 (64 FR 43255, August 10,                  Agency (EPA) proposes to approve the
                                                    necessary in the Area to satisfy the CAA                1999);                                                state implementation plan (SIP) revision
                                                    section 172(c)(1) RACM requirement                         • is not an economically significant               submitted by the Commonwealth of
                                                    because the Area has attained the 1997                  regulatory action based on health or                  Virginia for the purpose of removing the
                                                    Annual PM2.5 NAAQS. As noted above,                     safety risks subject to Executive Order               requirement for gasoline vapor recovery
                                                    EPA has determined that the Area                        13045 (62 FR 19885, April 23, 1997);                  equipment on gasoline dispensing
                                                    attained the standard by the April 5,                      • is not a significant regulatory action
                                                                                                                                                                  pumps (otherwise referred to as Stage II
                                                    2010, attainment date and that no                       subject to Executive Order 13211 (66 FR
                                                                                                                                                                  vapor recovery, or simply as Stage II) in
                                                    additional measures are required to                     28355, May 22, 2001);
                                                                                                                                                                  Virginia area facilities formerly required
                                                    satisfy Subpart 1 RACM when an area                        • is not subject to requirements of
                                                                                                                                                                  to have installed and operated Stage II
                                                    is attaining the standard. Therefore, EPA               Section 12(d) of the National
                                                                                                                                                                  vapor recovery controls under the prior,
                                                    proposes to agree with the                              Technology Transfer and Advancement
                                                                                                                                                                  approved Virginia SIP. In the Rules and
                                                    Commonwealth’s analysis, to approve                     Act of 1995 (15 U.S.C. 272 note) because
                                                                                                                                                                  Regulations section of this Federal
                                                    Kentucky’s SIP revision, and to                         application of those requirements would
                                                                                                                                                                  Register, EPA is approving the
                                                    incorporate the section 172(c)(1) RACM                  be inconsistent with the CAA; and
                                                                                                               • does not provide EPA with the                    Commonwealth’s SIP submittal as a
                                                    determination into the SIP.                                                                                   direct final rule without prior proposal
                                                                                                            discretionary authority to address, as
                                                    IV. Statutory and Executive Order                       appropriate, disproportionate human                   because the Agency views this as a
                                                    Reviews                                                 health or environmental effects, using                noncontroversial submittal and
                                                                                                            practicable and legally permissible                   anticipates no adverse comments. A
                                                      Under the CAA, the Administrator is                                                                         detailed rationale for EPA’s approval of
                                                    required to approve a SIP submission                    methods, under Executive Order 12898
                                                                                                            (59 FR 7629, February 16, 1994).                      Virginia’s Stage II-related SIP revision
                                                    that complies with the provisions of the                                                                      with amended regulations addressing
                                                    Act and applicable federal regulations.                    The SIP is not approved to apply on
                                                                                                            any Indian reservation land or in any                 vapor recovery is set forth in the direct
                                                    See 42 U.S.C. 7410(k); 40 CFR 52.02(a).                                                                       final rule. If no adverse comments are
                                                                                                            other area where EPA or an Indian tribe
                                                                                                            has demonstrated that a tribe has                     received in response to this action, no
                                                    This memorandum is not required to satisfy EPA’s
                                                    regional consistency regulations. See 40 CFR            jurisdiction. In those areas of Indian                further activity is contemplated. If EPA
                                                    56.5(b)(1); 81 FR 51102 (August 3, 2016).               country, the rule does not have tribal                receives adverse comments, the direct
                                                      5 This interpretation was adopted in the General
                                                                                                            implications as specified by Executive                final rule will be withdrawn and all
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                                                    Preamble, see 57 FR 13498 (April 16, 1992), and has                                                           public comments received will be
                                                    been upheld as applied to the Clean Data Policy, as     Order 13175 (65 FR 67249, November 9,
                                                    well as to nonattainment SIP submissions. See           2000), nor will it impose substantial                 addressed in a subsequent final rule
                                                    NRDC v. EPA, 571 F.3d 1245 (D.C. Cir. 2009); Sierra     direct costs on tribal governments or                 based on this proposed rule. EPA will
                                                    Club v. EPA, 294 F.3d 155 (D.C. Cir. 2002).
                                                                                                            preempt tribal law.                                   not institute a second comment period.
                                                      6 Sierra Club v. EPA, 314 F.3d 735, 743–745 (5th
                                                                                                                                                                  Any parties interested in commenting
                                                    Cir. 2002).                                             List of Subjects in 40 CFR Part 52                    on this action should do so at this time.
                                                      7 Sierra Club v. EPA, 294 F.3d 155, 162–163 (D.C.

                                                    Cir. 2002); NRDC v. EPA, 571 F.3d 1245, 1252 (D.C.        Environmental protection, Air                       DATES: Comments must be received in
                                                    Cir. 2009).                                             pollution control, Incorporation by                   writing by November 21, 2016.


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                                                    72758                    Federal Register / Vol. 81, No. 204 / Friday, October 21, 2016 / Proposed Rules

                                                    ADDRESSES:   Submit your comments,                      ACTION:   Proposed rule.                              you include your name and other
                                                    identified by Docket ID No. EPA–R03–                                                                          contact information in the body of your
                                                    OAR–2016–0308 at http://                                SUMMARY:    During a review of                        comment and with any disk or CD–ROM
                                                    www.regulations.gov, or via email to                    Louisiana’s regulations, the                          you submit. If the EPA cannot read your
                                                    pino.maria@epa.gov. For comments                        Environmental Protection Agency (EPA)                 comment due to technical difficulties
                                                    submitted at Regulations.gov, follow the                identified a variety of State-initiated               and cannot contact you for clarification,
                                                    online instructions for submitting                      changes to Louisiana’s hazardous waste                the EPA may not be able to consider
                                                    comments. Once submitted, comments                      program under the Resource                            your comment. Electronic files should
                                                    cannot be edited or removed from                        Conservation and Recovery Act (RCRA),                 avoid the use of special characters, any
                                                    Regulations.gov. For either manner of                   as amended, for which the State had not               form of encryption, and be free of any
                                                    submission, the EPA may publish any                     previously sought authorization. EPA                  defects or viruses. You can view and
                                                                                                            proposes to authorize the State for the
                                                    comment received to its public docket.                                                                        copy the documents that form the basis
                                                                                                            program changes. In addition, EPA
                                                    Do not submit electronically any                                                                              for this authorization and codification
                                                                                                            proposes to codify in the regulations
                                                    information you consider to be                                                                                and associated publicly available
                                                                                                            entitled ‘‘Approved State Hazardous
                                                    confidential business information (CBI)                                                                       materials from 8:30 a.m. to 4 p.m.
                                                                                                            Waste Management Programs’’,
                                                    or other information whose disclosure is                                                                      Monday through Friday at the following
                                                                                                            Louisiana’s authorized hazardous waste
                                                    restricted by statute. Multimedia                                                                             location: EPA Region 6, 1445 Ross
                                                                                                            program. The EPA will incorporate by
                                                    submissions (audio, video, etc.) must be                                                                      Avenue, Dallas, Texas 75202–2733,
                                                                                                            reference into the Code of Federal
                                                    accompanied by a written comment.                                                                             phone number: (214) 665–8533 or (214)
                                                                                                            Regulations (CFR) those provisions of
                                                    The written comment is considered the                                                                         665–8178. Interested persons wanting to
                                                                                                            the State regulations that are authorized
                                                    official comment and should include                     and that EPA will enforce under RCRA.                 examine these documents should make
                                                    discussion of all points you wish to                                                                          an appointment with the office at least
                                                                                                            DATES: Send written comments by
                                                    make. The EPA will generally not                                                                              two weeks in advance.
                                                    consider comments or comment                            November 21, 2016.
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    contents located outside of the primary                 ADDRESSES: Submit any comments
                                                                                                                                                                  Alima Patterson, Region 6, Regional
                                                    submission (i.e. on the web, cloud, or                  identified by Docket ID No. EPA–R06–
                                                                                                                                                                  Authorization Coordinator or Julia
                                                    other file sharing system). For                         RCRA–2015–0664, by one of the
                                                                                                                                                                  Banks, Codification Coordinator, Permit
                                                    additional submission methods, please                   following methods:
                                                                                                               1. Federal eRulemaking Portal: http://             Section (RPM), Multimedia Planning
                                                    contact the person identified in the ‘‘For                                                                    and Permitting Division, EPA Region 6,
                                                    Further Information Contact’’ section.                  www.regulations.gov. Follow the on-line
                                                                                                            instructions for submitting comments.                 1445 Ross Avenue, Dallas, Texas 75202–
                                                    For the full EPA public comment policy,                                                                       2733, Phone number: (214) 665–8533 or
                                                                                                               2. Email: patterson.alima@epa.gov or
                                                    information about CBI or multimedia                                                                           (214) 665–8178, and Email address:
                                                                                                            banks.julia@epa.gov.
                                                    submissions, and general guidance on                       3. Mail: Alima Patterson, Region 6,                patterson.alima@epa.gov or
                                                    making effective comments, please visit                 Regional Authorization Coordinator, or                banks.julia@epa.gov.
                                                    http://www2.epa.gov/dockets/                            Julia Banks, Codification Coordinator,                SUPPLEMENTARY INFORMATION: For
                                                    commenting-epa-dockets.                                 Permit Section (RPM), Multimedia                      additional information, please see the
                                                    FOR FURTHER INFORMATION CONTACT:                        Planning and Permitting Division, EPA                 direct final rule published in the ‘‘Rules
                                                    Brian Rehn, (215) 814–2176, or by email                 Region 6, 1445 Ross Avenue, Dallas,                   and Regulations’’ section of this Federal
                                                    at rehn.brian@epa.gov.                                  Texas 75202–2733.                                     Register. EPA did not make a proposal
                                                    SUPPLEMENTARY INFORMATION: For                             4. Hand Delivery or Courier: Deliver               prior to the direct final rule because we
                                                    further information, please see the                     your comments to Alima Patterson,                     believe this action is not controversial
                                                    information provided in the direct final                Region 6, Regional Authorization                      and do not expect comments that
                                                    action, with the same title, that is                    Coordinator, or Julia Banks, Codification             oppose it. We have explained the
                                                    located in the Rules and Regulations                    Coordinator, Permit Section (RPM),                    reasons for this authorization in the
                                                    section of this issue of the Federal                    Multimedia Planning and Permitting                    preamble to the direct final rule. Unless
                                                    Register.                                               Division, EPA Region 6, 1445 Ross                     we get written comments which oppose
                                                      Dated: September 29, 2016.
                                                                                                            Avenue, Dallas, Texas 75202–2733.                     this authorization during the comment
                                                                                                               Instructions: Do not submit                        period, the direct final rule will become
                                                    Shawn M. Garvin,                                        information that you consider to be                   effective 60 days after publication and
                                                    Regional Administrator, Region III.                     Confidential Business Information (CBI)               we will not take further action on this
                                                    [FR Doc. 2016–25297 Filed 10–20–16; 8:45 am]            or otherwise protected through                        proposal. If we receive comments that
                                                    BILLING CODE 6560–50–P                                  regulations.gov, or email. Direct your                oppose this action, we will withdraw
                                                                                                            comments to Docket ID No. EPA–R06–                    the direct final rule and it will not take
                                                                                                            RCRA–2015–0664. The Federal                           effect. We will then respond to public
                                                    ENVIRONMENTAL PROTECTION                                regulations.gov Web site is an                        comments in a later final rule based on
                                                    AGENCY                                                  ‘‘anonymous access’’ system, which                    this proposal. You may not have another
                                                                                                            means the EPA will not know your                      opportunity for comment. If you want to
                                                    40 CFR Parts 271 and 272
                                                                                                            identity or contact information unless                comment on this action, you must do so
                                                                                                            you provide it in the body of your                    at this time.
                                                    [EPA–R06–RCRA–2015–0664; FRL–9951–                      comment. If you send an email                            The purpose of this Federal Register
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                                                    20–Region 6]                                            comment directly to the EPA without                   document is to codify Louisiana’s base
                                                    Louisiana: Final Authorization of State-                going through regulations.gov, your                   hazardous waste management program
                                                    Initiated Changes and Incorporation by                  email address will be automatically                   and its revisions to that program
                                                    Reference of State Hazardous Waste                      captured and included as part of the                  through RCRA Clusters XXI, XXII
                                                    Management Program                                      comment that is placed in the public                  including RCRA Cluster XXIII Checklist
                                                                                                            docket and made available on the                      229 Exclusions for Solvent
                                                    AGENCY: Environmental Protection                        Internet. If you submit an electronic                 Contaminated Wipes. (See 80 FR 55032)
                                                    Agency (EPA).                                           comment, the EPA recommends that                      September 14, 2015. The EPA provided


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Document Created: 2018-02-13 16:35:41
Document Modified: 2018-02-13 16:35:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received in writing by November 21, 2016.
ContactBrian Rehn, (215) 814-2176, or by email at [email protected]
FR Citation81 FR 72757 

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