81_FR_89244 81 FR 89007 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities; Withdrawal of Direct Final Rule

81 FR 89007 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities; Withdrawal of Direct Final Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89007-89008
FR Document2016-29586

Due to the receipt of adverse public comments, the Environmental Protection Agency (EPA) is withdrawing the direct final rule published on October 21, 2016, to approve revisions to the Virginia state implementation plan (SIP). The revision serves to remove requirements for installation and operation of vapor recovery equipment (also referred to as Stage II vapor recovery) from subject gasoline stations in areas of Virginia that were formally subject to a Stage II vapor recovery program under the Clean Air Act.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Rules and Regulations]
[Pages 89007-89008]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29586]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0308; FRL-9956-26-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for 
Gasoline Dispensing Facilities; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of adverse public comments, the 
Environmental Protection Agency (EPA) is withdrawing the direct final 
rule published on October 21, 2016, to approve revisions to the 
Virginia state implementation plan (SIP). The revision serves to remove 
requirements for installation and operation of vapor recovery equipment 
(also referred to as Stage II vapor recovery) from subject gasoline 
stations in areas of Virginia that were formally subject to a Stage II 
vapor recovery program under the Clean Air Act.

[[Page 89008]]


DATES: The direct final rule published at 81 FR 72724 on October 21, 
2016, is withdrawn effective December 9, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: In the direct final rule published on 
October 21, 2016 (81 FR 72724), we stated that if we received comment 
by November 21, 2016, the rule would be withdrawn and not take effect. 
EPA received comments before the November 21, 2016 deadline. EPA will 
address the comment received in a subsequent final action based upon 
the proposed action also published on October 21, 2016 (81 FR 72757). 
EPA will not institute a second comment period on this action.

List of Subjects in 40 CFR Part 52

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

    Dated: November 28, 2016.
Shawn M. Garvin,
 Regional Administrator, Region III.

0
Accordingly, the direct final rule which published in the Federal 
Register on October 21, 2016, at 81 FR 72724 is withdrawn as of 
December 9, 2016.

[FR Doc. 2016-29586 Filed 12-8-16; 8:45 am]
BILLING CODE 6560-50-P



                                                                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations                                              89007

                                                   (xxviii) Type of REIT.                               ACTION:Notice of deviation from                       covered by this deviation. The Coast
                                                   (xxix) From Form 1125–A—                             drawbridge regulation.                                Guard contacted local waterway users
                                                purchases.                                                                                                    regarding the Commonwealth’s request
                                                   (xxx) From Form 1040, Schedule C—                    SUMMARY:    The Coast Guard has issued a              for a temporary deviation and received
                                                   (A) Purchases less cost of items                     temporary deviation from the operating                no objections.
                                                withdrawn for personal use; and                         schedule that governs the Blynman                        Vessels able to pass through the
                                                   (B) Materials and supplies.                          (SR127) Bridge across the Annisquam                   bridge in the closed position may do so
                                                   (xxxi) Electronic filing system                      River and Blynman Canal at mile 0.0 at                at any time. The bridge will not be able
                                                indicator.                                              Gloucester, MA. The deviation is                      to open immediately for emergencies.
                                                   (xxxii) Posting cycle date relative to               necessary due to the construction of a                However, the northern entrance to the
                                                filing.                                                 new operator’s house. This deviation                  Annisquam River can be used as an
                                                   (xxxiii) Dividends, including ordinary               allows the bridge to be opened with a                 alternate route for vessels unable to pass
                                                or qualified.                                           two hour advanced notice during the                   through the bridge in closed position.
                                                   (xxxiv) From Form 1120S, Schedule                    hours of 8 p.m. through 4 a.m. from                   The Coast Guard will inform the users
                                                K–1—ordinary business income (loss).                    December 6, 2016 through April 30,                    of the waterways through our Local and
                                                   (xxxv) From Form 1065, Schedule K–                   2017.                                                 Broadcast Notices to Mariners of the
                                                1—                                                                                                            change in operating schedule for the
                                                                                                        DATES: This deviation is effective
                                                   (A) Publicly-traded partnership
                                                                                                        without actual notice from December 9,                bridge so that vessel operators can
                                                indicator;
                                                                                                        2016 through 4 a.m. on April 30, 2017.                arrange their transits to minimize any
                                                   (B) Partner’s share of nonrecourse,
                                                                                                        For the purposes of enforcement, actual               impact caused by the temporary
                                                qualified nonrecourse, and recourse
                                                                                                        notice will be used from December 6,                  deviation.
                                                liabilities; and                                                                                                 In accordance with 33 CFR 117.35(e),
                                                   (C) Ordinary business income (loss).                 2016, until December 9, 2016.
                                                                                                        ADDRESSES: The docket for this                        the drawbridge must return to its regular
                                                   (b)(4) through (b)(6)(i)(B) [Reserved].
                                                                                                        deviation, [USCG–2016–1023] is                        operating schedule immediately at the
                                                For further guidance see
                                                                                                        available at http://www.regulations.gov.              end of the effective period of this
                                                § 301.6103(j)(1)–1(b)(4) through
                                                                                                        Type the docket number in the                         temporary deviation. This deviation
                                                (b)(6)(i)(B).
                                                   (C) From Form 1120–REIT—                             ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                  from the operating regulations is
                                                   (1) Type of REIT; and                                Click on Open Docket Folder on the line               authorized under 33 CFR 117.35.
                                                   (2) Gross rents from real property;                  associated with this deviation.                         Dated: December 6, 2016.
                                                   (D) From Form 1120F—corporation’s                    FOR FURTHER INFORMATION CONTACT: If                   C.J. Bisignano,
                                                method of accounting.                                   you have questions on this temporary                  Supervisory Bridge Management Specialist,
                                                   (E) From Form 1096—total amount                      deviation, call or email Mr. Jeffrey Stieb,           First Coast Guard District.
                                                reported.                                               First Coast Guard District Bridge                     [FR Doc. 2016–29554 Filed 12–8–16; 8:45 am]
                                                   (b)(6)(ii) through (d)(3)(ii) [Reserved].            Branch, Coast Guard; telephone 617–                   BILLING CODE 9110–04–P
                                                For further guidance see                                223–8364, email Jeffrey.D.Stieb@
                                                § 301.6103(j)(1)–1(b)(6)(ii) through                    uscg.mil.
                                                (d)(3)(ii).                                                                                                   ENVIRONMENTAL PROTECTION
                                                                                                        SUPPLEMENTARY INFORMATION: The
                                                   (e) Applicability date. This section
                                                                                                        Blynman (SR 127) Bridge across the                    AGENCY
                                                applies to disclosures to the Bureau of
                                                the Census made on or after December                    Annisquam River and Blynman Canal,
                                                                                                        mile 0.0, at Gloucester, Massachusetts,               40 CFR Part 52
                                                9, 2016.
                                                   (f) Expiration date. The applicability               has a vertical clearance in the closed                [EPA–R03–OAR–2016–0308; FRL–9956–26–
                                                of this section expires on or before                    position of 8.2 feet at mean high water               Region 3]
                                                December 9, 2019.                                       and 16 feet at mean low water. The
                                                                                                        existing bridge operating regulations are             Approval and Promulgation of Air
                                                John Dalrymple,                                         found at 33 CFR 117.586. The owner of                 Quality Implementation Plans; Virginia;
                                                Deputy Commissioner for Services and                    the bridge, the Massachusetts                         Removal of Stage II Gasoline Vapor
                                                Enforcement.                                            Department of Transportation, requested               Recovery Requirements for Gasoline
                                                  Approved: November 23, 2016.                          a temporary deviation from the normal                 Dispensing Facilities; Withdrawal of
                                                Mark J. Mazur,                                          operating schedule to open on signal                  Direct Final Rule
                                                Assistant Secretary of the Treasury (Tax                after at least a two-hour advance notice              AGENCY: Environmental Protection
                                                Policy).                                                is provided between the hours of 8 p.m.               Agency (EPA).
                                                [FR Doc. 2016–29488 Filed 12–8–16; 8:45 am]             to 4 a.m. for the period of December 6,               ACTION: Withdrawal of direct final rule.
                                                BILLING CODE P                                          2016 through April 30, 2017.
                                                                                                           The settling of the operator’s house               SUMMARY:   Due to the receipt of adverse
                                                                                                        has rendered the structure unsafe for                 public comments, the Environmental
                                                DEPARTMENT OF HOMELAND                                  occupancy. As a result, a temporary                   Protection Agency (EPA) is withdrawing
                                                SECURITY                                                control system in a temporary booth has               the direct final rule published on
                                                                                                        been installed. Electricians from a                   October 21, 2016, to approve revisions
                                                Coast Guard                                             private contractor are required to                    to the Virginia state implementation
                                                                                                        operate the temporary control system at               plan (SIP). The revision serves to
                                                33 CFR Part 117                                         an extraordinary high cost to the bridge              remove requirements for installation
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                                                                                                        owner. The deviation will have                        and operation of vapor recovery
                                                [Docket No. USCG–2016–1023]                             negligible effect on vessel navigation.               equipment (also referred to as Stage II
                                                                                                        The waterways are transited primarily                 vapor recovery) from subject gasoline
                                                Drawbridge Operation Regulation;
                                                                                                        by seasonal recreation vessels of various             stations in areas of Virginia that were
                                                Annisquam River and Blynman Canal,
                                                                                                        sizes. Bridge records indicate an average             formally subject to a Stage II vapor
                                                Gloucester, MA
                                                                                                        of less than three requests for openings              recovery program under the Clean Air
                                                AGENCY:    Coast Guard, DHS.                            per month occurred during the hours                   Act.


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                                                89008                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Rules and Regulations

                                                DATES: The direct final rule published at                              ENVIRONMENTAL PROTECTION                                      form. Publicly available docket
                                                81 FR 72724 on October 21, 2016, is                                    AGENCY                                                        materials are available either
                                                withdrawn effective December 9, 2016.                                                                                                electronically through http://
                                                                                                                       40 CFR Part 52                                                www.regulations.gov or in hard copy at
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                       [EPA–R06–OAR–2012–0812; FRL–9955–28–                          the EPA Region 6, 1445 Ross Avenue,
                                                Brian Rehn, (215) 814–2176, or by email                                                                                              Suite 700, Dallas, Texas 75202–2733.
                                                                                                                       Region 6]
                                                at rehn.brian@epa.gov.
                                                                                                                                                                                     FOR FURTHER INFORMATION CONTACT: Ms.
                                                SUPPLEMENTARY INFORMATION:     In the                                  Approval and Promulgation of Air                              Carrie Paige, 214–665–6521,
                                                direct final rule published on October                                 Quality Implementation Plans;                                 paige.carrie@epa.gov.
                                                21, 2016 (81 FR 72724), we stated that                                 Oklahoma; Infrastructure for the Lead,
                                                                                                                                                                                     SUPPLEMENTARY INFORMATION:
                                                if we received comment by November                                     Ozone, Nitrogen Dioxide and Sulfur
                                                                                                                       Dioxide National Ambient Air Quality                          Throughout this document ‘‘we,’’ ‘‘us,’’
                                                21, 2016, the rule would be withdrawn                                                                                                and ‘‘our’’ means the EPA.
                                                                                                                       Standards
                                                and not take effect. EPA received
                                                comments before the November 21,                                       AGENCY:  Environmental Protection                             I. Background
                                                2016 deadline. EPA will address the                                    Agency (EPA).                                                   The background for this action is
                                                comment received in a subsequent final                                 ACTION: Final rule.                                           discussed in detail in our September 20,
                                                action based upon the proposed action                                                                                                2016, proposal (81 FR 64377). In that
                                                also published on October 21, 2016 (81                                 SUMMARY:    Under the Federal Clean Air                       document we proposed to approve the
                                                                                                                       Act (CAA), the Environmental                                  Oklahoma i-SIP submittals dated
                                                FR 72757). EPA will not institute a
                                                                                                                       Protection Agency (EPA) is approving                          October 5, 2012; February 28, 2014; and
                                                second comment period on this action.
                                                                                                                       State Implementation Plan (SIP)                               January 28, 2015, which addressed the
                                                List of Subjects in 40 CFR Part 52                                     submissions from the State of Oklahoma                        2008 Pb NAAQS; the 2010 NO2 NAAQS;
                                                                                                                       regarding the 2008 Lead (Pb), 2008                            and the 2008 ozone and 2010 SO2
                                                  Environmental protection, Air                                        Ozone, 2010 Nitrogen Dioxide (NO2),                           NAAQS as meeting the requirements of
                                                pollution control, Incorporation by                                    and 2010 Sulfur Dioxide (SO2) National                        an i-SIP. Two of the submittals did not
                                                reference, Intergovernmental relations,                                Ambient Air Quality Standards                                 address Section 110(a)(2)(D)(i)(I), prongs
                                                Ozone, Reporting and recordkeeping                                     (NAAQS or standards). The four                                1 and 2, regarding the contribution to
                                                requirements, Volatile organic                                         submittals address how the existing SIP                       nonattainment and interfere with
                                                compounds.                                                             provides for implementation,                                  maintenance of the 2008 ozone and
                                                                                                                       maintenance, and enforcement of these                         2010 SO2 NAAQS in other states, so we
                                                  Dated: November 28, 2016.
                                                                                                                       four NAAQS (infrastructure SIP or i-                          did not propose to take action on such
                                                Shawn M. Garvin,                                                       SIP). These i-SIPs ensure that the                            elements for these two NAAQS. In
                                                Regional Administrator, Region III.                                    Oklahoma SIP is adequate to meet the                          addition, we did not propose to take
                                                                                                                       State’s responsibilities under the CAA,                       action on section 110(a)(2)(D)(i)(II)—the
                                                ■ Accordingly, the direct final rule
                                                                                                                       including the CAA requirements for
                                                which published in the Federal Register                                                                                              prong that specifically addresses
                                                                                                                       interstate transport of Pb and NO2
                                                on October 21, 2016, at 81 FR 72724 is                                                                                               visibility protection for the 2010 SO2
                                                                                                                       emissions.
                                                withdrawn as of December 9, 2016.                                                                                                    NAAQS. We will take separate action on
                                                                                                                       DATES: This rule is effective on January                      these three prongs for the 2008 ozone
                                                [FR Doc. 2016–29586 Filed 12–8–16; 8:45 am]
                                                                                                                       9, 2017.                                                      and 2010 SO2 NAAQS. We did not
                                                BILLING CODE 6560–50–P
                                                                                                                       ADDRESSES: The EPA has established a                          receive any comments regarding our
                                                                                                                       docket for this action under Docket ID                        proposal.
                                                                                                                       No. EPA–R06–OAR–2012–0812. All
                                                                                                                       documents in the docket are listed on                         II. Final Action
                                                                                                                       the http://www.regulations.gov Web                               EPA is approving in part the October
                                                                                                                       site. Although listed in the index, some                      5, 2012, February 28, 2014, and January
                                                                                                                       information is not publicly available,                        28, 2015, infrastructure SIP submissions
                                                                                                                       e.g., Confidential Business Information                       from Oklahoma, which address the
                                                                                                                       or other information whose disclosure is                      requirements of CAA sections 110(a)(1)
                                                                                                                       restricted by statute. Certain other                          and (2) as applicable to the 2008 Pb,
                                                                                                                       material, such as copyrighted material,                       2010 NO2, 2008 ozone, and 2010 SO2
                                                                                                                       is not placed on the Internet and will be                     NAAQS. Table 1 outlines the specific
                                                                                                                       publicly available only in hard copy                          actions we are approving.

                                                                    TABLE 1—FINAL ACTION ON OKLAHOMA INFRASTRUCTURE SIP SUBMITTALS FOR VARIOUS NAAQS
                                                                                          110(a)(2) Element                                                       2008 ozone         2008 Pb           2010 NO2    2010 SO2

                                                (A): Emission limits and other control measures .............................................                           A                A                A            A
                                                (B): Ambient air quality monitoring and data system ......................................                              A                A                A            A
                                                (C)(i): Enforcement of SIP measures ..............................................................                      A                A                A            A
                                                (C)(ii): PSD program for major sources and major modifications ...................                                      A                A                A            A
                                                (C)(iii): Permitting program for minor sources and minor modifications .........                                        A                A                A            A
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                                                (D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS
                                                  (requirements 1 and 2) ................................................................................               SA               A                A           SA
                                                (D)(i)(II): PSD (requirement 3) .........................................................................               A                A                A            A
                                                (D)(i)(II): Visibility Protection (requirement 4) ..................................................                    A                A                A           SA
                                                (D)(ii): Interstate and International Pollution Abatement .................................                             A                A                A            A
                                                (E)(i): Adequate resources ..............................................................................               A                A                A            A
                                                (E)(ii): State boards .........................................................................................         A                A                A            A



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Document Created: 2018-02-14 09:03:43
Document Modified: 2018-02-14 09:03:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionWithdrawal of direct final rule.
DatesThe direct final rule published at 81 FR 72724 on October 21, 2016, is withdrawn effective December 9, 2016.
ContactBrian Rehn, (215) 814-2176, or by email at [email protected]
FR Citation81 FR 89007 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Ozone; Reporting and Recordkeeping Requirements and Volatile Organic Compounds

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