81 FR 85897 - Air Plan Approval; MA; Decommissioning of Stage II Vapor Recovery Systems

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 229 (November 29, 2016)

Page Range		85897-85901
FR Document		2016-28587
The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the Massachusetts Department of Environmental Protection (MassDEP). This revision includes regulatory amendments that allow gasoline dispensing facilities (GDFs) to decommission their Stage II vapor recovery systems as of January 2, 2015, and a demonstration that such removal is consistent with the Clean Air Act and EPA guidance. This revision also includes regulatory amendments that strengthen Massachusetts' requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to approve Massachusetts' revised vapor recovery regulations. This action is being taken in accordance with the Clean Air Act.
Federal Register, Volume 81 Issue 229 (Tuesday, November 29, 2016)
[Federal Register Volume 81, Number 229 (Tuesday, November 29, 2016)]
[Rules and Regulations]
[Pages 85897-85901]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28587]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0351; A-1-FRL-9950-92-Region 1]


Air Plan Approval; MA; Decommissioning of Stage II Vapor Recovery 
Systems

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the Massachusetts 
Department of Environmental Protection (MassDEP). This revision 
includes regulatory amendments that allow gasoline dispensing 
facilities (GDFs) to decommission their Stage II vapor recovery systems 
as of January 2, 2015, and a demonstration that such removal is 
consistent with the Clean Air Act and EPA guidance. This revision also 
includes regulatory amendments that strengthen Massachusetts' 
requirements for Stage I vapor recovery systems at GDFs. The intended 
effect of this action is to approve Massachusetts' revised vapor 
recovery regulations. This action is being taken in accordance with the 
Clean Air Act.

DATES: This rule is effective on December 29, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2015-0351. All documents in the docket 
are listed on the http://www.regulations.gov Web site. Although listed 
in the index, some information is not publicly available, i.e., CBI or 
other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA 
New England Regional Office, Office of Ecosystem Protection, Air 
Quality Planning Unit, 5 Post Office Square, Suite 100, Boston, MA. EPA 
requests that if at all possible, you contact the contact listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
The Regional Office's official hours of business are Monday through 
Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Ariel Garcia, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, 
MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918-
0660, email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Response to Comments
III. Final Action

[[Page 85898]]

IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    On March 9, 2016 (81 FR 12440), EPA published a Notice of Proposed 
Rulemaking (NPR) for the Commonwealth of Massachusetts. The NPR 
proposed approval of Massachusetts' revised regulations 310 Code of 
Massachusetts Regulations (CMR) 7.00, Air Pollution Control: 
Definitions, 310 CMR 7.24(3), Distribution of Motor Vehicle Fuel, 310 
CMR 7.24(4), Motor Vehicle Fuel Tank Trucks, and 310 CMR 7.24(6), 
Dispensing of Motor Vehicle Fuel. These regulations had been amended to 
allow the decommissioning of Stage II vapor recovery systems and to 
strengthen Stage I vapor recovery requirements. The SIP revision was 
submitted by the MassDEP on May 5, 2015 and also included a 
demonstration that the decommissioning of Stage II vapor recovery 
systems at gasoline dispensing facilities is consistent with the Clean 
Air Act and EPA guidance.
    A detailed discussion of Massachusetts' May 5, 2015 SIP revision 
and EPA's rationale for proposing approval of the SIP revision were 
provided in the NPR and will not be restated in this notice, except to 
the extent relevant to our responses to public comments we received on 
our proposal.

II. Response to Comments

    EPA received one comment on the NPR from the Vapor Recovery 
Association. That comment is summarized below with EPA's response.
    Comment: The commenter opposes EPA's proposed approval of 
Massachusetts' revised Stage II vapor recovery regulation. The 
commenter believes that eliminating Stage II vapor recovery systems at 
GDFs and relying solely on Onboard Refueling Vapor Recovery (ORVR) 
systems located within the vehicles to mitigate refueling emissions 
will have a negative impact on air quality; cause adverse health 
impacts to motorists, GDF employees, and members of the community; and 
result in a severe negative burden in Environmental Justice (EJ) areas 
in Massachusetts.
    Furthermore, the commenter asserts that MassDEP's rationale for 
decommissioning Stage II vapor recovery systems is not based in science 
and that it can be mathematically shown that emissions will be 
increased rather than decreased as a result of the elimination of the 
Stage II vapor recovery program. However, the commenter did not submit 
any calculations in support of its claims of the increased emissions, 
health impacts, and the impacts on EJ areas that the commenter alleges 
would result from decommissioning Stage II vapor recovery systems at 
GDFs in Massachusetts. Nor did the commenter specify what specific 
aspects of the technical analyses conducted by the MassDEP in support 
of its SIP revision were scientifically unsupportable.
    Finally, the commenter believes that in terminating the 
Massachusetts Stage II vapor recovery program, the MassDEP is not 
adhering to its mission statement. The commenter also believes that the 
technical details of fuel storage tank evaporative losses and the 
alleged significant increase in refueling emissions impacts caused by 
Massachusetts' removal of Stage II vapor recovery, should have received 
more thought, analysis and quantification. Again, however, the 
commenter did not provide specific criticism of the analyses conducted 
by MassDEP, did not identify any specific aspects of those analyses 
that the commenter believes are incorrect, and did not assert any 
alternative specific results or conclusions that the commenter believes 
would result if the issues were evaluated according to the commenter's 
unspecified preferred alternative methodology.
    Response: EPA disagrees with the Vapor Recovery Association's 
assertion that there will be significant increased emissions from this 
action. Massachusetts' May 5, 2015 SIP revision contains a Clean Air 
Act (CAA) section 110(l) demonstration which was performed in 
accordance with EPA's final rule determining that ORVR is now in 
widespread use in the national motor vehicle fleet (77 FR 28770, May 
16, 2012) and with EPA's ``Guidance on Removing Stage II Gasoline Vapor 
Control Programs from State Implementation Plans and Assessing 
Comparable Measures'' (EPA-457/B-12-001, August 7, 2012), hereafter, 
EPA's August 7, 2012 Guidance (a copy of this guidance has been placed 
in the public docket for this action).
    The Massachusetts rule allows GDFs to decommission Stage II systems 
as of January 2, 2015, and requires all GDFs equipped with Stage II 
vapor recovery systems to decommission their Stage II systems by 
January 2, 2017 (by the end of 2016). As discussed in the NPR, Appendix 
Table A-1 of EPA's August 7, 2012 Guidance illustrates that by the end 
of 2016, approximately 85% of the vehicles in the national motor 
vehicle fleet will be equipped with ORVR. The number of ORVR-equipped 
vehicles in Massachusetts will likely be even higher due to 
Massachusetts having a more accelerated motor vehicle fleet turnover 
when compared to the national motor vehicle fleet.\1\ Appendix Table A-
1 also illustrates that by the end of 2016, about 89% of the gasoline 
dispensed nationally will be to ORVR-equipped vehicles, which is also 
likely to be higher in Massachusetts due to a newer motor vehicle 
fleet. At that point in time, since a vast majority of Massachusetts 
vehicles being refueled at gasoline dispensing facilities will be 
equipped with ORVR systems, the ORVR systems will be controlling the 
volatile organic compound (VOC) emissions, making Stage II vapor 
recovery systems a redundant, and potentially incompatible, emissions 
control technology in Massachusetts. Therefore, removing the Stage II 
systems is not expected to result in a significant emissions increase, 
and is actually expected to avoid emissions increases resulting from 
the incompatibility of some Stage II systems with ORVR controls.
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    \1\ Air Program Support for Stage I and Stage II Programs in 
Massachusetts Final Report, Eastern Research Group, Inc. and de la 
Torre-Klausmeier Consulting, December 12, 2012, includes an analysis 
of vehicle registration data, from the Massachusetts motor vehicle 
inspection and maintenance program database, illustrating that 76% 
of motor vehicles inspected in 2011 throughout Massachusetts had 
ORVR controls. This is much more accelerated than EPA's end of 2011 
calendar year national estimate that 67.1% of vehicles in the 
national motor vehicle fleet were equipped with ORVR.
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    EPA also disagrees with the commenter's assertion that the alleged 
increase in emissions resulting from the removal of Stage II controls 
will result in a large increase in adverse health impacts to motorists, 
GDF employees, and members of the community. EPA's August 7, 2012 
Guidance states that ``EPA believes it is reasonable to conclude that 
the incremental emissions control that Stage II achieves beyond ORVR is 
de minimis if it is less than 10 percent of the area-wide emissions 
inventory associated with refueling highway motor vehicles.'' As noted 
in the NPR, Massachusetts appropriately calculated the increase in 
refueling-associated emissions from the decommissioning of Stage II 
systems in 2013 as 5.2 percent of that inventory, thus meeting this de 
minimis threshold. As also noted in the NPR, the increase in emissions 
from Stage II system decommissioning calculated by Massachusetts for 
2013 (463 tons of VOC) is only about 0.3 percent of the total 
anthropogenic VOC emissions in Massachusetts (see EPA's 2011 National 
Emissions Inventory database Version 2

[[Page 85899]]

at www.epa.gov/ttn/chief/net/2011inventory.html). Also, as explained in 
EPA's ORVR rulemaking and in EPA's August 7, 2012 Guidance, these 
foregone emissions reductions in the near term continue to diminish 
rapidly over time as ORVR phase-in continues. Therefore, since the de 
minimis criteria discussed in EPA's August 7, 2012 Guidance have been 
met, EPA is approving Massachusetts' SIP revision.
    Furthermore, we note that Massachusetts' revised 310 CMR 7.24(3) 
regulation also includes new Stage I vapor recovery requirements that 
will lead to additional emission reductions. Specifically, the 
regulation requires GDFs to upgrade their Stage I vapor recovery 
systems to Stage I Enhanced Vapor Recovery (EVR) systems certified by 
the California Air Resources Board (CARB) or a Stage I vapor recovery 
system composed of EVR system components (Stage I EVR component 
systems). The upgrade to Stage I EVR systems or Stage I EVR component 
systems is required upon facility start-up for facilities beginning 
operation or installing a fuel storage tank as of January 2, 2015. In 
addition, as of January 2, 2015, any component of a pre-existing Stage 
I vapor recovery system that is replaced is required to be replaced 
with a CARB-certified Stage I EVR component. The Massachusetts 
regulation further requires that all Stage I systems be CARB-certified 
Stage I EVR systems or Stage I EVR component systems by January 2, 
2022. CARB-certified Stage I EVR systems have been certified to achieve 
a 98 percent reduction in VOC emissions, as compared to 95 percent for 
pre-EVR Stage I systems. Thus, when pre-EVR Stage I systems in 
Massachusetts are replaced with CARB-certified Stage I EVR systems, a 
greater emission reduction will be achieved. Also, when a component of 
a pre-EVR Stage I system is replaced with a CARB-certified Stage I EVR 
component, a somewhat greater reduction is expected to be achieved. 
These additional reductions will further mitigate any temporary 
declining emissions increases, which are already de minimis, resulting 
from the removal of Stage II equipment.
    Although the commenter generally asserted that MassDEP's analyses 
and demonstrations were not scientifically supported and that emissions 
increases could be mathematically shown to result from the removal of 
Stage II equipment, the commenter provided no information, data, or 
analytical critiques to support these allegations. The commenter has 
therefore not raised with reasonable specificity any objections to the 
underlying analyses and demonstrations supporting EPA's proposed 
approval of Massachusetts' SIP revision. Consequently, it is not 
possible for EPA to respond to any specific criticisms that the 
commenter may have had of the MassDEP's analyses, other than to 
reiterate that EPA concludes that Massachusetts has conducted its 
demonstration consistently with EPA's applicable regulations and 
guidance under the Clean Air Act, as described and evaluated in detail 
in the NPR. See, 81 FR at 12442-43.
    Finally, EPA disagrees with the comment that MassDEP is not 
adhering to its mission statement and that an insufficient amount of 
thought, analysis, and quantification was provided by MassDEP regarding 
the impacts of decommissioning Stage II vapor recovery systems in 
Massachusetts. MassDEP's analysis was conducted in accordance with 
EPA's ORVR rulemaking and EPA's August 7, 2012 Guidance. In fact, prior 
to the issuance of EPA's August 7, 2012 Guidance, MassDEP hired 
independent consultants to conduct an analysis on the emissions impacts 
of the proposed changes to the Massachusetts Stage I and Stage II vapor 
recovery programs.\2\ One of the noteworthy results presented in the 
consultant's report was the analysis of whether removal of Stage II 
controls would result in disproportionate air quality impacts in EJ 
communities. The consultant's analysis determined that, previous to the 
April 2012 point at which EPA determined ORVR to have become in 
widespread use, EJ communities had a slightly lower proportion of ORVR-
equipped vehicles (73% of the motor vehicle fleet) than non-EJ 
communities (77% of the motor vehicle fleet), based on 2011 data in 
Massachusetts. Although this shows that continuing to operate Stage II 
systems in Massachusetts EJ communities would not as quickly become 
redundant and potentially incompatible with ORVR controls as in non-EJ 
Massachusetts communities, Appendix Table A-1 of EPA's August 7, 2012 
Guidance illustrates that only about 67% of the national motor vehicle 
fleet consisted of ORVR-equipped vehicles in 2011, which is still less 
than the 73% rate for EJ communities in Massachusetts. The commenter 
has provided no information indicating that the rate of fleet turnover 
and the rate at which gasoline is dispensed to ORVR equipped vehicles 
in Massachusetts EJ communities has subsequently fallen behind the 
corresponding national rates they were exceeding in 2011. Therefore, in 
response to the comment, EPA has no reason to believe that the 
emissions impact of decommissioning Stage II vapor recovery systems in 
EJ communities in Massachusetts is more significant than that discussed 
in EPA guidance as an acceptable national average impact.
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    \2\ Air Program Support for Stage I and Stage II Programs in 
Massachusetts Final Report, Eastern Research Group, Inc. and de la 
Torre-Klausmeier Consulting, December 12, 2012.
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III. Final Action

    EPA is approving Massachusetts' May 5, 2015 SIP revision. 
Specifically, EPA is approving, and incorporating into the 
Massachusetts SIP, the following amended Massachusetts regulations: 310 
CMR 7.00, ``Air Pollution Control: Definitions;'' 310 CMR 7.24(3), 
``Distribution of Motor Vehicle Fuel;'' 310 CMR 7.24(4), ``Motor 
Vehicle Fuel Tank Trucks;'' and 310 CMR 7.24(6), ``Dispensing of Motor 
Vehicle Fuel.'' EPA is approving this SIP revision because it meets all 
applicable requirements of the Clean Air Act and EPA guidance, and it 
will not interfere with any applicable requirement concerning National 
Ambient Air Quality Standards attainment and reasonable further 
progress or with any other applicable requirement of the Clean Air Act.
    Massachusetts' May 5, 2015 SIP revision satisfies the ``comparable 
measures'' requirement of CAA section 184(b)(2), because as stated in 
EPA's August 7, 2012 Guidance, ``the comparable measures requirement is 
satisfied if phasing out a Stage II control program in a particular 
area is estimated to have no, or a de minimis, incremental loss of 
area-wide emissions control.'' As noted in the NPR, Massachusetts' SIP 
revision meets the de minimis criteria outlined in EPA's August 7, 2012 
Guidance. In addition, since emissions are de minimis, the anti-back 
sliding requirements of CAA section 110(l) have also been satisfied.

IV. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference of the 
Massachusetts regulations described in the amendments to 40 CFR part 52 
set forth below. The EPA has made, and will continue to make, these 
documents generally available through http://www.regulations.gov.

[[Page 85900]]

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
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 Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications 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).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by January 30, 2017. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 1, 2016.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 52--[AMENDED]

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

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

Subpart W--Massachusetts

0
2. Section 52.1120 is amended by adding paragraph (c)(144) to read as 
follows:


Sec.  52.1120   Identification of plan.

* * * * *
    (c) * * *
    (144) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 5, 2015.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 7.00 entitled ``Air Pollution Control: 
Definitions,'' the definitions listed below, effective January 2, 2015, 
as published in the Massachusetts Register, Issue S1277, January 2, 
2015:
    (1) Aboveground Storage Tank or AST;
    (2) Business Day;
    (3) California Air Resources Board (or California ARB or CARB);
    (4) Commence Operations;
    (5) Emergency Motor Vehicle;
    (6) Emergency Situation;
    (7) Executive Order;
    (8) Minor Modification;
    (9) Monthly Throughput;
    (10) Motor Vehicle;
    (11) Motor Vehicle Fuel;
    (12) Motor Vehicle Fuel Dispensing Facility;
    (13) Responsible Official;
    (14) Routine Maintenance;
    (15) Stage I CARB Enhanced Vapor Recovery (EVR) Component or EVR;
    (16) Stage I CARB Enhanced Vapor Recovery (EVR) System;
    (17) Stage I Component Enhanced Vapor Recovery (EVR) System;
    (18) Stage I Minor Modification;
    (19) Stage I Non-Enhanced Vapor Recovery System;
    (20) Stage I Routine Maintenance;
    (21) Stage I Substantial Modification;
    (22) Stage I System;
    (23) Stage II Minor Modification;
    (24) Stage II Routine Maintenance;
    (25) Stage II Substantial Modification;
    (26) Stage II System;
    (27) Submerged Filling;
    (28) Tank Truck;
    (29) Vacuum Assist System;
    (30) Vapor;
    (31) Vapor Balance System;
    (32) Vapor-Mounted Seal; and
    (33) Vapor-Tight.
    (B) Regulation 310 CMR 7.24, ``Organic Material Storage and 
Distribution,'' the sections listed below, effective January 2, 2015, 
as published in the Massachusetts Register, Issue S1277, January 2, 
2015:
    (1) 7.24(3) ``Distribution of Motor Vehicle Fuel'';
    (2) 7.24(4) ``Motor Vehicle Fuel Tank Trucks''; and
    (3) 7.24(6) ``Dispensing of Motor Vehicle Fuel''.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental

[[Page 85901]]

Protection, dated May 5, 2015, submitting a revision to the 
Massachusetts State Implementation Plan.

0
3. In Sec.  52.1167, Table 52.1167 is amended by adding new entries for 
the existing state citations for 310 CMR 7.00, 310 CMR 7.24(3), 310 CMR 
7.24(4), and 310 CMR 7.24(6) to read as follows:


Sec.  52.1167   EPA-approved Massachusetts State regulations.

* * * * *

                                                    Table 52.1167--EPA-Approved Rules and Regulations
                                                               [See Notes at end of table]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Date         Date
           State  citation                   Title/subject        submitted     approved       Federal Register      52.1120(c)    Comments/unapproved
                                                                   by State      by EPA            citation                              sections
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
310 CMR 7.00.........................  Air Pollution Control:         5/5/15     11/29/16  [Insert Federal                  144  Revises definitions
                                        Definitions.                                        Register citation].                   that relate to Stage I
                                                                                                                                  and Stage II vapor
                                                                                                                                  recovery systems.
 
                                                                      * * * * * * *
310 CMR 7.24(3)......................  Distribution of Motor          5/5/15     11/29/16  [Insert Federal                  144  Revised to require
                                        Vehicle Fuel.                                       Register citation].                   Stage I Enhanced Vapor
                                                                                                                                  Recovery systems
                                                                                                                                  certified by the
                                                                                                                                  California Air
                                                                                                                                  Resources Board.
310 CMR 7.24(4)......................  Motor Vehicle Fuel Tank        5/5/15     11/29/16  [Insert Federal                  144  Revised to make minor
                                        Trucks.                                             Register citation].                   clarifying amendments.
 
                                                                      * * * * * * *
310 CMR 7.24(6)......................  Dispensing of Motor            5/5/15     11/29/16  [Insert Federal                  144  Revised to require the
                                        Vehicle Fuel.                                       Register citation].                   decommissioning of
                                                                                                                                  Stage II vapor
                                                                                                                                  recovery systems.
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this
  date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.

[FR Doc. 2016-28587 Filed 11-28-16; 8:45 am]
 BILLING CODE 6560-50-P
Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Rules and Regulations 85897

funded under the STOP Program. Funds program, and does not propose Implementation Plan (SIP) revision
may not be used for conducting research significant activities that compromise submitted by the Massachusetts
or evaluations. Applicants should victim safety. States should have the Department of Environmental Protection
consider entering into partnerships with following information on file to (MassDEP). This revision includes
research organizations that are document the lack of sufficient eligible regulatory amendments that allow
submitting simultaneous grant applications: gasoline dispensing facilities (GDFs) to
applications to the National Institute of (1) A copy of their solicitation; decommission their Stage II vapor
Justice for this purpose. (2) Documentation on how the recovery systems as of January 2, 2015,
solicitation was distributed, including and a demonstration that such removal
§ 90.22 Review of State applications.
all outreach efforts to entities from the is consistent with the Clean Air Act and
(a) General. The provisions of Part T allocation in question, which entities EPA guidance. This revision also
of the Omnibus Crime Control and Safe the State reached out to that did not includes regulatory amendments that
Streets Act of 1968, 42 U.S.C. 3796gg et apply, and, if known, why those entities strengthen Massachusetts’ requirements
seq., and of this subpart provide the did not apply; for Stage I vapor recovery systems at
basis for review and approval or (3) An explanation of their selection GDFs. The intended effect of this action
disapproval of State applications and process; is to approve Massachusetts’ revised
amendments. (4) A list of who participated in the vapor recovery regulations. This action
(b) Intergovernmental review. This
selection process (name, title, and is being taken in accordance with the
program is covered by Executive Order
employer); Clean Air Act.
12372 (Intergovernmental Review of
(5) Number of applications that were DATES: This rule is effective on
Federal Programs) and implementing
received for the specific allocation December 29, 2016.
regulations at 28 CFR part 30. A copy
category; ADDRESSES: EPA has established a
of the application submitted to the
(6) Information about the applications docket for this action under Docket
Office on Violence Against Women
received, such as what agency or Identification No. EPA–R01–OAR–
should also be submitted at the same
organization they were from, how much 2015–0351. All documents in the docket
time to the State’s Single Point of
money they were requesting, and any are listed on the http://
Contact, if there is a Single Point of
reasons the applications were not www.regulations.gov Web site. Although
Contact.
funded; listed in the index, some information is
§ 90.23 Annual grantee and subgrantee (7) If applicable, letters from any not publicly available, i.e., CBI or other
reporting. relevant State-wide body explaining the information whose disclosure is
Subgrantees shall complete annual lack of applications, such as from the restricted by statute. Certain other
progress reports and submit them to the State Court Administrator if the State is material, such as copyrighted material,
State, which shall review them and seeking to reallocate money from courts; is not placed on the Internet and will be
submit them to OVW or as otherwise and publicly available only in hard copy
directed. In addition, the State shall (8) For the culturally specific form. Publicly available docket
complete an annual progress report, allocation, in addition to the items in materials are available at http://
including an assessment of whether or paragraphs (b)(1) through (7) of this www.regulations.gov or at the U.S.
not annual goals and objectives were section, demographic statistics of the Environmental Protection Agency, EPA
achieved. relevant racial and ethnic minority New England Regional Office, Office of
groups within the State and Ecosystem Protection, Air Quality
§ 90.24 Activities that may compromise documentation that the State has
victim safety and recovery. Planning Unit, 5 Post Office Square,
reached out to relevant organizations Suite 100, Boston, MA. EPA requests
Because of the overall purpose of the within the State or national that if at all possible, you contact the
STOP Program to enhance victim safety organizations. contact listed in the FOR FURTHER
and offender accountability, grant funds
Dated: November 17, 2016. INFORMATION CONTACT section to
may not be used to support activities
Bea Hanson, schedule your inspection. The Regional
that compromise victim safety and
Principal Deputy Director. Office’s official hours of business are
recovery. The grant program solicitation
Monday through Friday, 8:30 a.m. to
each year will provide examples of such [FR Doc. 2016–28437 Filed 11–28–16; 8:45 am]
4:30 p.m., excluding legal holidays.
activities. BILLING CODE 4410–FX–P
FOR FURTHER INFORMATION CONTACT:
§ 90.25 Reallocation of funds. Ariel Garcia, Air Quality Planning Unit,
This section implements 42 U.S.C. ENVIRONMENTAL PROTECTION U.S. Environmental Protection Agency,
3796gg–1(j), regarding reallocation of AGENCY EPA New England Regional Office, 5
funds. Post Office Square, Suite 100 (mail
(a) Returned funds. A State may 40 CFR Part 52 code: OEP05–2), Boston, MA 02109–
reallocate funds returned to the State, 3912, telephone number (617) 918–
within a reasonable amount of time [EPA–R01–OAR–2015–0351; A–1–FRL– 1660, fax number (617) 918–0660, email
9950–92–Region 1]
before the award end date. garcia.ariel@epa.gov.
(b) Insufficient eligible applications. A SUPPLEMENTARY INFORMATION:
Air Plan Approval; MA;
State may also reallocate funds if the Throughout this document whenever
Decommissioning of Stage II Vapor
State does not receive sufficient eligible ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
Recovery Systems
jstallworth on DSK7TPTVN1PROD with RULES

applications to award the full funding EPA.
under the allocations in 42 U.S.C. AGENCY: Environmental Protection Organization of this document. The
3796gg–1(c)(4). An ‘‘eligible’’ Agency (EPA). following outline is provided to aid in
application is one that is from an ACTION: Final rule. locating information in this preamble.
eligible entity that has the capacity to I. Background and Purpose
perform the proposed services, proposes SUMMARY: The Environmental Protection II. Response to Comments
activities within the scope of the Agency (EPA) is approving a State III. Final Action

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at www.epa.gov/ttn/chief/net/ the underlying analyses and equipped vehicles in Massachusetts EJ
2011inventory.html). Also, as explained demonstrations supporting EPA’s communities has subsequently fallen
in EPA’s ORVR rulemaking and in proposed approval of Massachusetts’ behind the corresponding national rates
EPA’s August 7, 2012 Guidance, these SIP revision. Consequently, it is not they were exceeding in 2011. Therefore,
foregone emissions reductions in the possible for EPA to respond to any in response to the comment, EPA has no
near term continue to diminish rapidly specific criticisms that the commenter reason to believe that the emissions
over time as ORVR phase-in continues. may have had of the MassDEP’s impact of decommissioning Stage II
Therefore, since the de minimis criteria analyses, other than to reiterate that vapor recovery systems in EJ
discussed in EPA’s August 7, 2012 EPA concludes that Massachusetts has communities in Massachusetts is more
Guidance have been met, EPA is conducted its demonstration significant than that discussed in EPA
approving Massachusetts’ SIP revision. consistently with EPA’s applicable guidance as an acceptable national
Furthermore, we note that regulations and guidance under the average impact.
Massachusetts’ revised 310 CMR 7.24(3) Clean Air Act, as described and
regulation also includes new Stage I evaluated in detail in the NPR. See, 81 III. Final Action
vapor recovery requirements that will FR at 12442–43.
lead to additional emission reductions. Finally, EPA disagrees with the EPA is approving Massachusetts’ May
Specifically, the regulation requires comment that MassDEP is not adhering 5, 2015 SIP revision. Specifically, EPA
GDFs to upgrade their Stage I vapor to its mission statement and that an is approving, and incorporating into the
recovery systems to Stage I Enhanced insufficient amount of thought, analysis, Massachusetts SIP, the following
Vapor Recovery (EVR) systems certified and quantification was provided by amended Massachusetts regulations:
by the California Air Resources Board MassDEP regarding the impacts of 310 CMR 7.00, ‘‘Air Pollution Control:
(CARB) or a Stage I vapor recovery decommissioning Stage II vapor Definitions;’’ 310 CMR 7.24(3),
system composed of EVR system recovery systems in Massachusetts. ‘‘Distribution of Motor Vehicle Fuel;’’
components (Stage I EVR component MassDEP’s analysis was conducted in 310 CMR 7.24(4), ‘‘Motor Vehicle Fuel
systems). The upgrade to Stage I EVR accordance with EPA’s ORVR Tank Trucks;’’ and 310 CMR 7.24(6),
systems or Stage I EVR component rulemaking and EPA’s August 7, 2012 ‘‘Dispensing of Motor Vehicle Fuel.’’
systems is required upon facility start- Guidance. In fact, prior to the issuance EPA is approving this SIP revision
up for facilities beginning operation or of EPA’s August 7, 2012 Guidance, because it meets all applicable
installing a fuel storage tank as of MassDEP hired independent consultants requirements of the Clean Air Act and
January 2, 2015. In addition, as of to conduct an analysis on the emissions EPA guidance, and it will not interfere
January 2, 2015, any component of a impacts of the proposed changes to the with any applicable requirement
pre-existing Stage I vapor recovery Massachusetts Stage I and Stage II vapor concerning National Ambient Air
system that is replaced is required to be recovery programs.2 One of the Quality Standards attainment and
replaced with a CARB-certified Stage I noteworthy results presented in the reasonable further progress or with any
EVR component. The Massachusetts consultant’s report was the analysis of other applicable requirement of the
regulation further requires that all Stage whether removal of Stage II controls Clean Air Act.
I systems be CARB-certified Stage I EVR would result in disproportionate air
systems or Stage I EVR component Massachusetts’ May 5, 2015 SIP
quality impacts in EJ communities. The
systems by January 2, 2022. CARB- revision satisfies the ‘‘comparable
consultant’s analysis determined that,
certified Stage I EVR systems have been measures’’ requirement of CAA section
previous to the April 2012 point at
certified to achieve a 98 percent which EPA determined ORVR to have 184(b)(2), because as stated in EPA’s
reduction in VOC emissions, as become in widespread use, EJ August 7, 2012 Guidance, ‘‘the
compared to 95 percent for pre-EVR communities had a slightly lower comparable measures requirement is
Stage I systems. Thus, when pre-EVR proportion of ORVR-equipped vehicles satisfied if phasing out a Stage II control
Stage I systems in Massachusetts are (73% of the motor vehicle fleet) than program in a particular area is estimated
replaced with CARB-certified Stage I non-EJ communities (77% of the motor to have no, or a de minimis, incremental
EVR systems, a greater emission vehicle fleet), based on 2011 data in loss of area-wide emissions control.’’ As
reduction will be achieved. Also, when Massachusetts. Although this shows noted in the NPR, Massachusetts’ SIP
a component of a pre-EVR Stage I that continuing to operate Stage II revision meets the de minimis criteria
system is replaced with a CARB- systems in Massachusetts EJ outlined in EPA’s August 7, 2012
certified Stage I EVR component, a communities would not as quickly Guidance. In addition, since emissions
somewhat greater reduction is expected become redundant and potentially are de minimis, the anti-back sliding
to be achieved. These additional incompatible with ORVR controls as in requirements of CAA section 110(l) have
reductions will further mitigate any non-EJ Massachusetts communities, also been satisfied.
temporary declining emissions
Appendix Table A–1 of EPA’s August 7, IV. Incorporation by Reference
increases, which are already de
2012 Guidance illustrates that only
minimis, resulting from the removal of
about 67% of the national motor vehicle In this rule, the EPA is finalizing
Stage II equipment.
Although the commenter generally fleet consisted of ORVR-equipped regulatory text that includes
asserted that MassDEP’s analyses and vehicles in 2011, which is still less than incorporation by reference. In
demonstrations were not scientifically the 73% rate for EJ communities in accordance with requirements of 1 CFR
supported and that emissions increases Massachusetts. The commenter has 51.5, the EPA is finalizing the
jstallworth on DSK7TPTVN1PROD with RULES

could be mathematically shown to provided no information indicating that incorporation by reference of the
result from the removal of Stage II the rate of fleet turnover and the rate at Massachusetts regulations described in
equipment, the commenter provided no which gasoline is dispensed to ORVR the amendments to 40 CFR part 52 set
information, data, or analytical critiques forth below. The EPA has made, and
2 Air Program Support for Stage I and Stage II
to support these allegations. The Programs in Massachusetts Final Report, Eastern
will continue to make, these documents
commenter has therefore not raised with Research Group, Inc. and de la Torre-Klausmeier generally available through http://
reasonable specificity any objections to Consulting, December 12, 2012. www.regulations.gov.

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V. Statutory and Executive Order tribal implications and will not impose § 52.1120 Identification of plan.
Reviews substantial direct costs on tribal * * * * *
Under the Clean Air Act, the governments or preempt tribal law as (c) * * *
Administrator is required to approve a specified by Executive Order 13175 (65 (144) Revisions to the State
SIP submission that complies with the FR 67249, November 9, 2000). Implementation Plan submitted by the
The Congressional Review Act, 5 Massachusetts Department of
provisions of the Act and applicable
U.S.C. 801 et seq., as added by the Small Environmental Protection on May 5,
Federal regulations. 42 U.S.C. 7410(k);
Business Regulatory Enforcement 2015.
40 CFR 52.02(a). Thus, in reviewing SIP
Fairness Act of 1996, generally provides (i) Incorporation by reference.
submissions, EPA’s role is to approve
that before a rule may take effect, the (A) Regulation 310 CMR 7.00 entitled
state choices, provided that they meet
agency promulgating the rule must ‘‘Air Pollution Control: Definitions,’’ the
the criteria of the Clean Air Act.
submit a rule report, which includes a definitions listed below, effective
Accordingly, this action merely copy of the rule, to each House of the January 2, 2015, as published in the
approves state law as meeting Federal Congress and to the Comptroller General Massachusetts Register, Issue S1277,
requirements and does not impose of the United States. EPA will submit a January 2, 2015:
additional requirements beyond those report containing this action and other (1) Aboveground Storage Tank or
imposed by state law. For that reason, required information to the U.S. Senate, AST;
this action: the U.S. House of Representatives, and (2) Business Day;
• Is not a significant regulatory action the Comptroller General of the United (3) California Air Resources Board (or
subject to review by the Office of States prior to publication of the rule in California ARB or CARB);
Management and Budget under the Federal Register. A major rule (4) Commence Operations;
Executive Orders 12866 (58 FR 51735, cannot take effect until 60 days after it (5) Emergency Motor Vehicle;
October 4, 1993) and 13563 (76 FR 3821, is published in the Federal Register. (6) Emergency Situation;
January 21, 2011); This action is not a ‘‘major rule’’ as (7) Executive Order;
• Does not impose an information defined by 5 U.S.C. 804(2). (8) Minor Modification;
collection burden under the provisions Under section 307(b)(1) of the Clean (9) Monthly Throughput;
of the Paperwork Reduction Act (44 Air Act, petitions for judicial review of (10) Motor Vehicle;
U.S.C. 3501 et seq.); this action must be filed in the United (11) Motor Vehicle Fuel;
• Is certified as not having a States Court of Appeals for the (12) Motor Vehicle Fuel Dispensing
significant economic impact on a appropriate circuit by January 30, 2017. Facility;
substantial number of small entities Filing a petition for reconsideration by (13) Responsible Official;
under the Regulatory Flexibility Act (5 the Administrator of this final rule does (14) Routine Maintenance;
U.S.C. 601 et seq.); not affect the finality of this action for (15) Stage I CARB Enhanced Vapor
• Does not contain any unfunded the purposes of judicial review nor does Recovery (EVR) Component or EVR;
mandate or significantly or uniquely it extend the time within which a (16) Stage I CARB Enhanced Vapor
affect small governments, as described petition for judicial review may be filed, Recovery (EVR) System;
in the Unfunded Mandates Reform Act and shall not postpone the effectiveness (17) Stage I Component Enhanced
of 1995 (Pub. L. 104–4); of such rule or action. This action may Vapor Recovery (EVR) System;
• Does not have Federalism not be challenged later in proceedings to (18) Stage I Minor Modification;
implications as specified in Executive (19) Stage I Non-Enhanced Vapor
enforce its requirements. (See section
Order 13132 (64 FR 43255, August 10, 307(b)(2).) Recovery System;
1999); (20) Stage I Routine Maintenance;
• Is not an economically significant List of Subjects in 40 CFR Part 52 (21) Stage I Substantial Modification;
regulatory action based on health or Environmental protection, Air (22) Stage I System;
safety risks subject to Executive Order pollution control, Carbon monoxide, (23) Stage II Minor Modification;
13045 (62 FR 19885, April 23, 1997); Incorporation by reference, (24) Stage II Routine Maintenance;
• Is not a significant regulatory action (25) Stage II Substantial Modification;
Intergovernmental relations, Lead,
subject to Executive Order 13211 (66 FR (26) Stage II System;
Nitrogen dioxide, Ozone, Particulate
28355, May 22, 2001); (27) Submerged Filling;
matter, Reporting and recordkeeping (28) Tank Truck;
• Is not subject to requirements of requirements, Sulfur oxides, Volatile
Section 12(d) of the National (29) Vacuum Assist System;
organic compounds. (30) Vapor;
Technology Transfer and Advancement Dated: August 1, 2016. (31) Vapor Balance System;
Act of 1995 (15 U.S.C. 272 note) because (32) Vapor-Mounted Seal; and
H. Curtis Spalding,
application of those requirements would (33) Vapor-Tight.
Regional Administrator, EPA New England.
be inconsistent with the Clean Air Act; (B) Regulation 310 CMR 7.24,
and Part 52 of chapter I, title 40 of the
‘‘Organic Material Storage and
• Does not provide EPA with the Code of Federal Regulations is amended
Distribution,’’ the sections listed below,
discretionary authority to address, as as follows:
effective January 2, 2015, as published
appropriate, disproportionate human in the Massachusetts Register, Issue
health or environmental effects, using PART 52—[AMENDED]
S1277, January 2, 2015:
practicable and legally permissible ■ 1. The authority citation for part 52 (1) 7.24(3) ‘‘Distribution of Motor
methods, under Executive Order 12898 continues to read as follows: Vehicle Fuel’’;
jstallworth on DSK7TPTVN1PROD with RULES

(59 FR 7629, February 16, 1994). (2) 7.24(4) ‘‘Motor Vehicle Fuel Tank
Authority: 42 U.S.C. 7401 et seq.
In addition, the SIP is not approved to Trucks’’; and
apply on any Indian reservation land or Subpart W—Massachusetts (3) 7.24(6) ‘‘Dispensing of Motor
in any other area where EPA or an Vehicle Fuel’’.
Indian tribe has demonstrated that a ■ 2. Section 52.1120 is amended by (ii) Additional materials.
tribe has jurisdiction. In those areas of adding paragraph (c)(144) to read as (A) Letter from the Massachusetts
Indian country, the rule does not have follows: Department of Environmental

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Federal Register / Vol. 81, No. 229 / Tuesday, November 29, 2016 / Rules and Regulations 85901

Protection, dated May 5, 2015, ■ 3. In § 52.1167, Table 52.1167 is § 52.1167 EPA-approved Massachusetts
submitting a revision to the amended by adding new entries for the State regulations.
Massachusetts State Implementation existing state citations for 310 CMR * * * * *
Plan. 7.00, 310 CMR 7.24(3), 310 CMR 7.24(4),
and 310 CMR 7.24(6) to read as follows:

TABLE 52.1167—EPA-APPROVED RULES AND REGULATIONS
[See Notes at end of table]

Date Date
State Federal Register
Title/subject submitted approved 52.1120(c) Comments/unapproved sections
citation citation
by State by EPA

* * * * * * *
310 CMR Air Pollution Control: 5/5/15 11/29/16 [Insert Federal Reg- 144 Revises definitions that relate to
7.00. Definitions. ister citation]. Stage I and Stage II vapor re-
covery systems.

* * * * * * *
310 CMR Distribution of Motor 5/5/15 11/29/16 [Insert Federal Reg- 144 Revised to require Stage I En-
7.24(3). Vehicle Fuel. ister citation]. hanced Vapor Recovery sys-
tems certified by the California
Air Resources Board.
310 CMR Motor Vehicle Fuel 5/5/15 11/29/16 [Insert Federal Reg- 144 Revised to make minor clarifying
7.24(4). Tank Trucks. ister citation]. amendments.

* * * * * * *
310 CMR Dispensing of Motor 5/5/15 11/29/16 [Insert Federal Reg- 144 Revised to require the decommis-
7.24(6). Vehicle Fuel. ister citation]. sioning of Stage II vapor recov-
ery systems.

* * * * * * *
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP be-
fore this date.
2. The regulations are effective statewide unless otherwise stated in comments or title section.

[FR Doc. 2016–28587 Filed 11–28–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Board to establish procedures for the
BILLING CODE 6560–50–P Scott M. Zimmerman, (202) 245–0386. resolution of certain of these disputes,
Assistance for the hearing impaired is ‘‘which may include the provision of
available through Federal Information professional mediation services.’’ 49
SURFACE TRANSPORTATION BOARD Relay Service (FIRS) at (800) 877–8339. U.S.C. 24712(c)(2) and 24905(c)(4).
SUPPLEMENTARY INFORMATION: Title XI of On July 28, 2016, the Board issued a
49 CFR Part 1109 the FAST Act,1 entitled ‘‘Passenger Rail notice of proposed rulemaking (NPR)
Reform and Investment Act of 2015,’’ (81 FR 51147), seeking comment on
[Docket No. EP 734]
adds to the Board’s existing passenger proposed rules pursuant to the FAST
Dispute Resolution Procedures Under rail adjudicatory responsibilities related Act. In the NPR, the Board noted that
the Fixing America’s Surface to the National Railroad Passenger because it does not have in place a
Transportation Act of 2015 Corporation (Amtrak). Among other general set of procedural rules to govern
things, Title XI includes new provisions the presentation and conduct of
AGENCY: Surface Transportation Board. proceedings involving passenger rail
involving cost recovery by Amtrak for
ACTION: Final rules. Amtrak’s operation of ‘‘state-supported matters under 49 U.S.C. 24101–24910,3
routes’’ and for the costs allocated to which would include contested matters
SUMMARY: The Surface Transportation arising under Title XI of the FAST Act,
Board (Board) adopts final rules to states (including state entities) using the
Northeast Corridor rail facilities for their parties seeking to bring contested
implement passenger rail-related matters before the Board should be
dispute resolution provisions under the commuter rail operations. As relevant
here, Title XI gives the Board guided by the Board’s existing Rules of
Fixing America’s Surface Transportation Practice (49 CFR parts 1100–1129), as
Act of 2015 (FAST Act). jurisdiction to resolve cost allocation
and access disputes between Amtrak, applicable. However, the potential to
DATES: These rules are effective on offer ‘‘professional mediation services’’
the states, and potential non-Amtrak
December 29, 2016. operators of intercity passenger rail is unique to the authority granted under
ADDRESSES: Information or questions service.2 The FAST Act directs the the FAST Act, and the Board’s existing
jstallworth on DSK7TPTVN1PROD with RULES

regarding these final rules should Rules of Practice contain no applicable
reference Docket No. EP 734 and be in 1 Fixing America’s Surface Transportation Act of

writing addressed to: Chief, Section of 2015, Public Law 114–94 (signed Dec. 4, 2015). operators. See, e.g., 49 U.S.C. 24711 and 49 U.S.C.
Administration, Office of Proceedings, 2 Currently, Amtrak is the only operator of 24308(f).
regularly scheduled, common carrier intercity 3 See 49 CFR 1100.1 (limiting the scope of the
Surface Transportation Board, 395 E passenger rail service in the United States. Certain Rules of Practice to matters under title 49, subtitle
Street SW., Washington, DC 20423– statutory provisions contemplate the possibility, in IV of the United States Code, 49 U.S.C. 10101 et
0001. the future, of other such intercity passenger rail seq.).

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Document Created: 2016-11-29 00:33:00
Document Modified: 2016-11-29 00:33:00
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on December 29, 2016.
Contact		Ariel Garcia, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 (mail code: OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1660, fax number (617) 918- 0660, email [email protected]
FR Citation		81 FR 85897
CFR Associated		Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds