82 FR 20260 - Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Middle Tennessee
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 82 (May 1, 2017)
Federal Register Volume 82, Issue 82 (May 1, 2017)
| Page Range | 20260-20262 | |
| FR Document | 2017-08646 |
[Federal Register Volume 82, Number 82 (Monday, May 1, 2017)] [Rules and Regulations] [Pages 20260-20262] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-08646] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2016-0615; FRL-9961-48-Region 4] Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Middle Tennessee AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving the State of Tennessee's November 21, 2016, revision to its State Implementation Plan (SIP), submitted through the Tennessee Department of Environment and Conservation (TDEC), in support of the State's request that EPA change the federal Reid Vapor Pressure (RVP) requirements for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties (hereinafter referred to as the ``Middle Tennessee Area'' or ``Area''). Tennessee's November 21, 2016, SIP submittal revises its maintenance plan for the Middle Tennessee Area for the 1997 8-hour ozone national ambient air quality standard (NAAQS) and demonstrates that relaxing the federal RVP requirements in this Area would not interfere with the Area's ability to meet the requirements of the Clean Air Act (CAA or Act). Specifically, Tennessee's SIP revision concludes that relaxing the federal RVP requirement from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline sold between June 1 and September 15 of each year in the Area would not interfere with attainment or maintenance of the NAAQS or with any other CAA requirement. EPA has determined that Tennessee's November 21, 2016, SIP revision is consistent with the applicable provisions of the CAA. DATES: This rule is effective May 1, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2016-0615. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What is the background for this final action? On November 21, 2016, Tennessee submitted a SIP revision consisting of a revision to its 110(a)(1) maintenance plan for the 1997 8-hour ozone NAAQS for the Middle Tennessee Area and the technical noninterference demonstration supporting the State's request to change the federal RVP requirements from 7.8 psi to 9.0 psi in the Area. In a notice of proposed rulemaking (NPR) published on February 24, 2017 (82 FR 11517), EPA proposed to approve the State's noninterference demonstration and the updates to updated emissions inventory and projections associated with the mobile source modeling used in the State's noninterference demonstration related to RVP. The details of Tennessee's submittal and the rationale for EPA's actions are explained in the NPR. EPA did not receive any adverse comments on the proposed action. II. Final Action EPA is approving Tennessee's November 21, 2016, SIP revision consisting of a revision to its 110(a)(1) maintenance plan for the 1997 8-hour ozone NAAQS for the Middle Tennessee Area and the technical noninterference demonstration supporting the State's request to change the federal RVP requirements from 7.8 psi to 9.0 psi in the Area. Specifically, EPA is finalizing updated emissions inventory and projections associated with the mobile source modeling used in the State's noninterference demonstration related to RVP. EPA has determined that the change in the RVP requirements for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties will [[Page 20261]] not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA. EPA has determined that Tennessee's November 21, 2016, RVP-related SIP revision is consistent with the applicable provisions of the CAA for the reasons provided in the NPR. Through this action, EPA is not removing the federal 7.8 psi RVP requirement for Davidson, Rutherford, Sumner, Williamson, and Wilson Counties. Any such action would occur in a separate rulemaking. In accordance with 5 U.S.C. 553(d), EPA finds that there is good cause for this action to become effective immediately upon publication. This is because a delayed effective date is unnecessary because today's action approves a noninterference demonstration that will serve as the basis of a subsequent action to relieve the Area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule grants or recognizes an exemption or relieves a restriction, and section 553(d)(3), which allows an effective date less than 30 days after publication as otherwise provided by the agency for good cause found and published with the rule. The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. This rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, this rule will serve as a basis for a subsequent action to relieve the Area from certain CAA requirements. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become effective on the date of publication of this action. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submittal that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: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, October 7, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000) nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements and Volatile organic compounds. Dated: March 31, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart RR--Tennessee 0 2. Section 52.2220(e) is amended by adding a new entry for ``1997 8- hour ozone maintenance plan update for the Middle Tennessee Area and RVP standard'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * [[Page 20262]] EPA-Approved Tennessee Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- Applicable Name of non-regulatory SIP geographic or State EPA approval provision nonattainment effective date date Explanation area ---------------------------------------------------------------------------------------------------------------- * * * * * * * 1997 8-hour ozone maintenance Davidson, 11/21/2016 5/1/2017, ........................... plan update for the Middle Rutherford, [Insert Federal Tennessee Area and RVP Sumner, Register standard. Williamson, and citation]. Wilson Counties. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-08646 Filed 4-28-17; 8:45 am] BILLING CODE 6560-50-P
![20260 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
EPA-APPROVED MAINE REGULATIONS
EPA approval date
State effective
State citation Title/subject EPA approval date and Explanations
date citation 1
* * * * * * *
Chapter 137 ................. Emission Statements .. 11/08/2008 05/01/2017 [Insert Federal The entire chapter is approved with the excep-
Register citation]. tion of HAP and greenhouse gas reporting
requirements which were withdrawn from
the State’s SIP revision: Sections 1(C), (E),
and (F); Definitions 2(A) through (F) and (I);
Sections 3(B) and (C); the last sentence of
Section 4(D)(5); and Appendix A and B.
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * attainment or maintenance of the 562–9089 or via electronic mail at
[FR Doc. 2017–08648 Filed 4–28–17; 8:45 am] NAAQS or with any other CAA akers.brad@epa.gov.
BILLING CODE 6560–50–P requirement. EPA has determined that SUPPLEMENTARY INFORMATION:
Tennessee’s November 21, 2016, SIP
revision is consistent with the I. What is the background for this final
ENVIRONMENTAL PROTECTION applicable provisions of the CAA. action?
AGENCY DATES: This rule is effective May 1, On November 21, 2016, Tennessee
2017. submitted a SIP revision consisting of a
40 CFR Part 52 revision to its 110(a)(1) maintenance
[EPA–R04–OAR–2016–0615; FRL–9961–48– ADDRESSES: EPA has established a plan for the 1997 8-hour ozone NAAQS
Region 4] docket for this action under Docket for the Middle Tennessee Area and the
Identification No. EPA–R04–OAR– technical noninterference
Air Plan Approval; TN: Non- 2016–0615. All documents in the docket demonstration supporting the State’s
Interference Demonstration for Federal are listed on the www.regulations.gov request to change the federal RVP
Low-Reid Vapor Pressure Requirement Web site. Although listed in the index, requirements from 7.8 psi to 9.0 psi in
in Middle Tennessee some information may not be publicly the Area. In a notice of proposed
available, i.e., Confidential Business rulemaking (NPR) published on
AGENCY: Environmental Protection
Information or other information whose February 24, 2017 (82 FR 11517), EPA
Agency (EPA).
disclosure is restricted by statute. proposed to approve the State’s
ACTION: Final rule.
Certain other material, such as noninterference demonstration and the
SUMMARY: The Environmental Protection copyrighted material, is not placed on updates to updated emissions inventory
Agency (EPA) is approving the State of the Internet and will be publicly and projections associated with the
Tennessee’s November 21, 2016, available only in hard copy form. mobile source modeling used in the
revision to its State Implementation Publicly available docket materials are State’s noninterference demonstration
Plan (SIP), submitted through the available either electronically through related to RVP. The details of
Tennessee Department of Environment www.regulations.gov or in hard copy at Tennessee’s submittal and the rationale
and Conservation (TDEC), in support of the Air Regulatory Management Section, for EPA’s actions are explained in the
the State’s request that EPA change the Air Planning and Implementation NPR. EPA did not receive any adverse
federal Reid Vapor Pressure (RVP) Branch, Air, Pesticides and Toxics comments on the proposed action.
requirements for Davidson, Rutherford, Management Division, U.S.
Sumner, Williamson, and Wilson Environmental Protection Agency, II. Final Action
Counties (hereinafter referred to as the Region 4, 61 Forsyth Street SW., EPA is approving Tennessee’s
‘‘Middle Tennessee Area’’ or ‘‘Area’’). Atlanta, Georgia 30303–8960. EPA November 21, 2016, SIP revision
Tennessee’s November 21, 2016, SIP requests that if at all possible, you consisting of a revision to its 110(a)(1)
submittal revises its maintenance plan contact the person listed in the FOR maintenance plan for the 1997 8-hour
for the Middle Tennessee Area for the FURTHER INFORMATION CONTACT section to ozone NAAQS for the Middle Tennessee
1997 8-hour ozone national ambient air schedule your inspection. The Regional Area and the technical noninterference
quality standard (NAAQS) and Office’s official hours of business are demonstration supporting the State’s
demonstrates that relaxing the federal Monday through Friday, 8:30 a.m. to request to change the federal RVP
RVP requirements in this Area would 4:30 p.m., excluding federal holidays. requirements from 7.8 psi to 9.0 psi in
not interfere with the Area’s ability to FOR FURTHER INFORMATION CONTACT: D. the Area. Specifically, EPA is finalizing
meet the requirements of the Clean Air Brad Akers, Air Regulatory Management updated emissions inventory and
mstockstill on DSK30JT082PROD with RULES
Act (CAA or Act). Specifically, Section, Air Planning and projections associated with the mobile
Tennessee’s SIP revision concludes that Implementation Branch, Air, Pesticides source modeling used in the State’s
relaxing the federal RVP requirement and Toxics Management Division, U.S. noninterference demonstration related
from 7.8 pounds per square inch (psi) to Environmental Protection Agency, to RVP. EPA has determined that the
9.0 psi for gasoline sold between June 1 Region 4, 61 Forsyth Street SW., change in the RVP requirements for
and September 15 of each year in the Atlanta, Georgia 30303–8960. Mr. Akers Davidson, Rutherford, Sumner,
Area would not interfere with can be reached via telephone at (404) Williamson, and Wilson Counties will
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![20262 Federal Register / Vol. 82, No. 82 / Monday, May 1, 2017 / Rules and Regulations
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Name of non-regulatory Applicable geographic State effective EPA approval date Explanation
SIP provision or nonattainment area date
* * * * * * *
1997 8-hour ozone maintenance Davidson, Rutherford, Sumner, 11/21/2016 5/1/2017, [Insert Federal Reg-
plan update for the Middle Williamson, and Wilson Coun- ister citation].
Tennessee Area and RVP ties.
standard.
[FR Doc. 2017–08646 Filed 4–28–17; 8:45 am] restricted by statute. Multimedia VI. Statutory and Executive Order Reviews
BILLING CODE 6560–50–P submissions (audio, video, etc.) must be I. Background and Purpose
accompanied by a written comment.
The written comment is considered the The Clean Air Act (CAA) requires
ENVIRONMENTAL PROTECTION official comment and should include states in the Ozone Transport Region
AGENCY discussion of all points you wish to (OTR), as well as moderate and above
make. The EPA will generally not ozone nonattainment areas, to
40 CFR Part 52 consider comments or comment implement RACT for major sources of
contents located outside of the primary volatile organic compounds.
[EPA–R01–OAR–2016–0648; A–1–FRL–
9958–37–Region 1] submission (i.e. on the web, cloud, or Connecticut is in the OTR and the state
other file sharing system). For is currently designated nonattainment
Air Plan Approval; CT; Approval of additional submission methods, please and classified as moderate for the 2008
Single Source Orders contact the person identified in the FOR ozone standard. See 40 CFR 81.307.
FURTHER INFORMATION CONTACT section. The Connecticut Department of
AGENCY: Environmental Protection For the full EPA public comment policy, Energy and Environmental Protection
Agency (EPA). information about CBI or multimedia (CT DEEP) submitted to EPA two single
ACTION: Direct final rule. submissions, and general guidance on source orders establishing RACT for
making effective comments, please visit sources of VOCs for incorporation into
SUMMARY: The Environmental Protection the Connecticut State Implementation
http://www2.epa.gov/dockets/
Agency (EPA) is approving State Plan (SIP), and also submitted requests
commenting-epa-dockets.
Implementation Plan (SIP) revisions to withdraw from the SIP seven
FOR FURTHER INFORMATION CONTACT: Bob
submitted by the State of Connecticut. previously-approved orders. The two
The revisions establish reasonably McConnell, Environmental Engineer,
Air Quality Planning Unit, Air Programs orders submitted for approval are
available control technology (RACT) for Consent Order 8001, issued to Mallace
two facilities that emit volatile organic Branch (Mail Code OEP05–02), U.S.
Environmental Protection Agency, Industries, located in Clinton,
compounds (VOCs) in the state. Connecticut, submitted to EPA on
Additionally, we are also approving Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts, 02109– January 13, 2006, and Consent Order
Connecticut’s request to withdraw seven 8029, issued to Hamilton Sundstrand,
previously-approved single source 3912; (617) 918–1046;
mcconnell.robert@epa.gov. located in Windsor Locks, Connecticut,
orders from the SIP. This action is being submitted to EPA on November 15,
taken in accordance with the Clean Air SUPPLEMENTARY INFORMATION:
2011. The seven withdrawal requests
Act. Throughout this document whenever are for the following previously-
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean approved Consent Orders: Order 8021
DATES: This direct final rule will be
EPA. issued to Pfizer Global Manufacturing;
effective June 30, 2017, unless EPA Organization of this document. The
receives adverse comments by May 31, Order 8032 issued to Heminway and
following outline is provided to aid in
2017. If adverse comments are received, Bartlett Company (which was
locating information in this preamble.
EPA will publish a timely withdrawal of subsequently renamed Coats North
the direct final rule in the Federal I. Background and Purpose America); Order 8009 issued to Uniroyal
Register informing the public that the II. Description and Evaluation of VOC RACT Chemical Company; Order 8200 issued
Order Submittals
rule will not take effect. 1. Order for Mallace Industries
to Watson Laboratories; Order 8014
ADDRESSES: Submit your comments, 2. Order for Hamilton Sundstrand issued to Pratt & Whitney Aircraft;
identified by Docket ID No. EPA–R01– III. Description and Evaluation of VOC RACT Order 8011 issued to the Dow Chemical
OAR–2016–0648 at http:// Order Withdrawal Requests Company; and Order 8010 issued to
www.regulations.gov, or via email Anne 1. Withdrawal Request for Pfizer Global Sikorsky Aircraft.
Manufacturing A description of these submittals and
Arnold at: arnold.anne@epa.gov. For 2. Withdrawal Request for Coats North
comments submitted at Regulations.gov, our evaluation of them appears below in
America Section II of this document.
follow the online instructions for 3. Withdrawal Request for Uniroyal
submitting comments. Once submitted, Chemical Company II. Description and Evaluation of VOC
comments cannot be edited or removed 4. Withdrawal Request for Watson RACT Order Submittals
mstockstill on DSK30JT082PROD with RULES
from Regulations.gov. For either manner Laboratories
of submission, the EPA may publish any 5. Withdrawal Request for Pratt & Whitney 1. Order for Mallace Industries
comment received to its public docket. Aircraft Consent Order 8001 was issued to
6. Withdrawal Request for Dow Chemical
Do not submit electronically any 7. Withdrawal Request for Sikorsky Frismar, Incorporated, located in
information you consider to be Aircraft Clinton, Connecticut, on October 19,
Confidential Business Information (CBI) IV. Final Action 1987, pursuant to section 22a–174–
or other information whose disclosure is V. Incorporation by Reference 20(cc) of the Regulations of Connecticut
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Document Created: 2017-04-29 03:16:04
Document Modified: 2017-04-29 03:16:04
| 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 May 1, 2017. | |
| Contact | D. Brad Akers, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Akers can be reached via telephone at (404) 562-9089 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 20260 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter and Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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