82 FR 31462 - Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Shelby County
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 129 (July 7, 2017)
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31462-31464 | |
| FR Document | 2017-14202 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Rules and Regulations] [Pages 31462-31464] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14202] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0136; FRL-9964-56-Region 4] Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Shelby County AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving a noninterference demonstration that evaluates whether the change for the Federal Reid Vapor Pressure (RVP) requirements in Shelby County (hereinafter referred to as the ``Area'') would interfere with the Area's ability to meet the requirements of the Clean Air Act (CAA or Act). Tennessee submitted through the Tennessee Department of Environment and Conservation (TDEC), on April 12, 2017, a noninterference demonstration on behalf of the Shelby County Health Department requesting that EPA change the RVP requirements for Shelby County. Specifically, Tennessee's noninterference demonstration 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 Shelby County would not interfere with attainment or maintenance of the national ambient air quality standards (NAAQS or standards) or with any other CAA requirement. DATES: This rule is effective July 7, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0136. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not 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: Sean Lakeman, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. [[Page 31463]] Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached via telephone at (404) 562-9043 or via electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. What is the background for this final action? On April 12, 2017, Tennessee submitted a request that EPA relax the federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold between June 1 and September 15 of each year (i.e., during high ozone season) in Shelby County. As part of that request, Tennessee evaluated whether removal of this requirement would interfere with air quality in Shelby County. To make this demonstration of noninterference, Tennessee completed a technical analysis, including modeling, to estimate the change in emissions that would result from a switch to 9.0 psi RVP fuel in Shelby County. In a notice of proposed rulemaking (NPR) published on May 11, 2017 (82 FR 21966), EPA proposed to approve the State's noninterference demonstration. 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 April 12, 2017, noninterference demonstration supporting the State's request to relax the RVP standard to 9.0 psi in Shelby County. EPA has determined that the change in the RVP requirements for Shelby County will not interfere with attainment or maintenance of any NAAQS or with any other applicable requirement of the CAA. EPA has determined that Tennessee's April 12, 2017, 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 Shelby County. 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 submission that complies with the provisions of the Act and applicable federal regulations. See 42 U.S.C. 7410(k); 40 CFR part 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land 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 September 5, 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 [[Page 31464]] reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: June 22, 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. In Sec. 52.2220, the table in paragraph (e) is amended by adding the entry ``Non-interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Shelby County'' at the end of the table to read as follows: Sec. 52.2220 Identification of plan. * * * * * (e) * * * EPA-Approved Tennessee Non-Regulatory Provisions -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic Name of non-regulatory SIP or nonattainment State EPA approval date Explanation provision area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Non-interference Demonstration for Shelby County........ 4/12/2016 7/7/2017 [Insert Federal Register ..................................... Federal Low-Reid Vapor Pressure citation]. Requirement in Shelby County. -------------------------------------------------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-14202 Filed 7-6-17; 8:45 am] BILLING CODE 6560-50-P
![31462 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
Act of 1995 (15 U.S.C. 272 note) because List of Subjects in 40 CFR Part 52 ACTION: Final rule.
application of those requirements would Environmental protection, Air
be inconsistent with the CAA; and SUMMARY: The Environmental Protection
pollution control, Incorporation by Agency (EPA) is approving a
• Does not provide EPA with the reference, Intergovernmental relations,
discretionary authority to address, as noninterference demonstration that
Reporting and recordkeeping evaluates whether the change for the
appropriate, disproportionate human requirements, Sulfur oxides.
health or environmental effects, using Federal Reid Vapor Pressure (RVP)
Dated: June 20, 2017. requirements in Shelby County
practicable and legally permissible
methods, under Executive Order 12898 Robert A. Kaplan, (hereinafter referred to as the ‘‘Area’’)
(59 FR 7629, February 16, 1994). Acting Regional Administrator, Region 5. would interfere with the Area’s ability
to meet the requirements of the Clean
In addition, the SIP is not approved 40 CFR part 52 is amended as follows:
Air Act (CAA or Act). Tennessee
to apply on any Indian reservation land
PART 52—APPROVAL AND submitted through the Tennessee
or in any other area where EPA or an
PROMULGATION OF Department of Environment and
Indian tribe has demonstrated that a
IMPLEMENTATION PLANS Conservation (TDEC), on April 12, 2017,
tribe has jurisdiction. In those areas of
a noninterference demonstration on
Indian country, the rule does not have
■ 1. The authority citation for part 52 behalf of the Shelby County Health
tribal implications and will not impose
continues to read as follows: Department requesting that EPA change
substantial direct costs on tribal
Authority: 42 U.S.C. 7401 et seq. the RVP requirements for Shelby
governments or preempt tribal law as
County. Specifically, Tennessee’s
specified by Executive Order 13175 (65 ■ 2. Section 52.2570 is amended by noninterference demonstration
FR 67249, November 9, 2000). adding paragraph (c)(136) to read as concludes that relaxing the federal RVP
The Congressional Review Act, 5 follows: requirement from 7.8 pounds per square
U.S.C. 801 et seq., as added by the Small
§ 52.2570 Identification of plan. inch (psi) to 9.0 psi for gasoline sold
Business Regulatory Enforcement
* * * * * between June 1 and September 15 of
Fairness Act of 1996, generally provides
(c) * * * each year in Shelby County would not
that before a rule may take effect, the
(136) On January 31, 2017 interfere with attainment or
agency promulgating the rule must
(supplemented on March 20, 2017), the maintenance of the national ambient air
submit a rule report, which includes a
Wisconsin Department of Natural quality standards (NAAQS or standards)
copy of the rule, to each House of the
Resources submitted a request to or with any other CAA requirement.
Congress and to the Comptroller General
incorporate Wisconsin Administrative DATES: This rule is effective July 7,
of the United States. EPA will submit a
report containing this action and other Order AM–16–01 into its State 2017.
required information to the U.S. Senate, Implementation Plan. AM–16–01 ADDRESSES: EPA has established a
the U.S. House of Representatives, and imposes a requirement for a taller docket for this action under Docket
the Comptroller General of the United cupola exhaust stack, a sulfur dioxide Identification No. EPA–R04–OAR–
States prior to publication of the rule in (SO2) emission limit in conjunction 2017–0136. All documents in the docket
the Federal Register. A major rule with a minimum cupola stack flue gas are listed on the www.regulations.gov
cannot take effect until 60 days after it flow rate, and associated requirements Web site. Although listed in the index,
is published in the Federal Register. on the mineral wool production process some information is not publicly
This action is not a ‘‘major rule’’ as at the USG Interiors LLC facility located available, i.e., Confidential Business
defined by 5 U.S.C. 804(2). in Walworth, Wisconsin (USG- Information or other information whose
Under section 307(b)(1) of the CAA, Walworth). Wisconsin intends to use disclosure is restricted by statute.
petitions for judicial review of this the requirements of AM–16–01 to Certain other material, such as
action must be filed in the United States support an attainment designation. copyrighted material, is not placed on
(i) Incorporation by reference. the Internet and will be publicly
Court of Appeals for the appropriate
Wisconsin Administrative Order AM– available only in hard copy form.
circuit by September 5, 2017. Filing a
16–01, issued by the Wisconsin Publicly available docket materials are
petition for reconsideration by the
Department of Natural Resources on available either electronically through
Administrator of this final rule does not
January 31, 2017, to USG Interiors LLC www.regulations.gov or in hard copy at
affect the finality of this action for the
for its facility located in Walworth, the Air Regulatory Management Section,
purposes of judicial review nor does it
Wisconsin. Air Planning and Implementation
extend the time within which a petition
for judicial review may be filed, and [FR Doc. 2017–14212 Filed 7–6–17; 8:45 am] Branch, Air, Pesticides and Toxics
shall not postpone the effectiveness of BILLING CODE 6560–50–P Management Division, U.S.
such rule or action. Parties with Environmental Protection Agency,
objections to this direct final rule are Region 4, 61 Forsyth Street SW.,
encouraged to file a comment in ENVIRONMENTAL PROTECTION Atlanta, Georgia 30303–8960. EPA
response to the parallel notice of AGENCY requests that if at all possible, you
proposed rulemaking for this action contact the person listed in the FOR
40 CFR Part 52
published in the proposed rules section FURTHER INFORMATION CONTACT section to
of this Federal Register, rather than file [EPA–R04–OAR–2017–0136; FRL–9964–56– schedule your inspection. The Regional
asabaliauskas on DSKBBXCHB2PROD with RULES
an immediate petition for judicial Region 4] Office’s official hours of business are
review of this direct final rule, so that Monday through Friday 8:30 a.m. to
Air Plan Approval; TN: Non- 4:30 p.m., excluding federal holidays.
EPA can withdraw this direct final rule
Interference Demonstration for Federal
and address the comment in the FOR FURTHER INFORMATION CONTACT:
Low-Reid Vapor Pressure Requirement
proposed rulemaking. This action may Sean Lakeman, Air Regulatory
in Shelby County
not be challenged later in proceedings to Management Section, Air Planning and
enforce its requirements. (See section AGENCY: Environmental Protection Implementation Branch, Air, Pesticides
307(b)(2).) Agency. and Toxics Management Division, U.S.
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![31464 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
reference, Intergovernmental relations, PART 52—APPROVAL AND ‘‘Non-interference Demonstration for
Nitrogen dioxide, Ozone, Particulate PROMULGATION OF Federal Low-Reid Vapor Pressure
matter, Reporting and recordkeeping IMPLEMENTATION PLANS Requirement in Shelby County’’ at the
requirements, Volatile organic end of the table to read as follows:
compounds. ■ 1. The authority citation for part 52
continues to read as follows: § 52.2220 Identification of plan.
Dated: June 22, 2017.
Authority: 42 U.S.C. 7401 et seq. * * * * *
V. Anne Heard,
(e) * * *
Acting Regional Administrator, Region 4. Subpart RR—Tennessee
40 CFR part 52 is amended as follows: ■ 2. In § 52.2220, the table in paragraph
(e) is amended by adding the entry
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic State effective
Name of non-regulatory SIP provision or EPA approval date Explanation
date
nonattainment area
* * * * * * *
Non-interference Demonstration for Federal Shelby County ........... 4/12/2016 7/7/2017 [Insert Federal
Low-Reid Vapor Pressure Requirement in Register citation].
Shelby County.
[FR Doc. 2017–14202 Filed 7–6–17; 8:45 am] This SIP revision does not address outside of the primary submission (i.e.
BILLING CODE 6560–50–P Pennsylvania’s May 2016 VOC and on the web, cloud, or other file sharing
nitrogen oxides (NOX) RACT rule, system). For additional submission
‘‘Additional RACT Requirements for methods, please contact the person
ENVIRONMENTAL PROTECTION Major Sources of NOX and VOCs,’’ also identified in the ‘‘For Further
AGENCY known as RACT II. EPA will take Information Contact’’ section. For the
separate action on RACT II. EPA is full EPA public comment policy,
40 CFR Part 52 approving these revisions addressing information about CBI or multimedia
VOC RACT for the 1997 ozone NAAQS submissions, and general guidance on
[EPA–R03–OAR–2016–0561; FRL–9964–58–
Region 3] in accordance with the requirements of making effective comments, please visit
the Clean Air Act (CAA). http://www2.epa.gov/dockets/
Approval and Promulgation of Air DATES: This rule is effective on October commenting-epa-dockets.
Quality Implementation Plans; 5, 2017 without further notice, unless FOR FURTHER INFORMATION CONTACT:
Pennsylvania; Volatile Organic EPA receives adverse written comment Maria A Pino, (215) 814–2181, or by
Compound Reasonably Available by August 7, 2017. If EPA receives such email at pino.maria@epa.gov.
Control Technology for 1997 Ozone comments, it will publish a timely SUPPLEMENTARY INFORMATION: On
Standard withdrawal of the direct final rule in the September 25, 2006, the Commonwealth
AGENCY: Environmental Protection Federal Register and inform the public of Pennsylvania through the
Agency (EPA). that the rule will not take effect. Pennsylvania Department of
ACTION: Direct final rule. ADDRESSES: Submit your comments, Environmental Protection (PADEP)
identified by Docket ID No. EPA–R03– submitted a revision to its SIP that
SUMMARY: The Environmental Protection OAR–2016–0561 at https:// addresses certain requirements of RACT
Agency (EPA) is taking direct final www.regulations.gov, or via email to under the 1997 ozone NAAQS. The SIP
action to approve revisions to the stahl.cynthia@epa.gov. For comments revision was entitled, ‘‘Pennsylvania
Commonwealth of Pennsylvania state submitted at Regulations.gov, follow the Department of Environmental Protection
implementation plan (SIP). This SIP online instructions for submitting Reasonably Available Control
revision pertains to the requirements for comments. Once submitted, comments Technology (RACT) State
reasonably available control technology cannot be edited or removed from Implementation Plan (SIP) Revision
(RACT) controls for certain sources of Regulations.gov. For either manner of Under the 8-Hour Ozone National
volatile organic compounds (VOCs) submission, EPA may publish any Ambient Air Quality Standard
under the 1997 ozone national ambient comment received to its public docket. (NAAQS),’’ September 2006, and will be
air quality standard (NAAQS). This SIP Do not submit electronically any referred to in this rulemaking action as
revision includes Pennsylvania’s information you consider to be ‘‘the 2006 RACT SIP.’’ On June 27, 2016,
certification that previously adopted confidential business information (CBI) PADEP withdrew from EPA review
RACT controls in Pennsylvania’s SIP or other information whose disclosure is portions of the 2006 RACT SIP revision
asabaliauskas on DSKBBXCHB2PROD with RULES
that were approved by EPA under the 1- restricted by statute. Multimedia related to RACT for major stationary
hour ozone NAAQS are based on the submissions (audio, video, etc.) must be sources of VOC and NOX. EPA has
currently available technically and accompanied by a written comment. included in the docket a redacted
economically feasible controls, and that The written comment is considered the version of the 2006 RACT SIP to
they continue to represent RACT for the official comment and should include identify which portions of this
1997 ozone NAAQS and a negative discussion of all points you wish to document remain before EPA and are
declaration that certain categories of make. EPA will generally not consider the subject of this notice of proposed
sources do not exist in Pennsylvania. comments or comment contents located rulemaking. Pennsylvania addressed the
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Document Created: 2017-07-07 02:20:03
Document Modified: 2017-07-07 02:20:03
| 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 July 7, 2017. | |
| Contact | Sean Lakeman, 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. Lakeman can be reached via telephone at (404) 562-9043 or via electronic mail at [email protected] | |
| FR Citation | 82 FR 31462 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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