82_FR_32614 82 FR 32480 - Air Plan Approval; Maine; Decommissioning of Stage II Vapor Recovery Systems

82 FR 32480 - Air Plan Approval; Maine; Decommissioning of Stage II Vapor Recovery Systems

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 134 (July 14, 2017)

Page Range32480-32482
FR Document2017-14735

The Environmental Protection Agency (EPA) is approving a State Implementation Plan (SIP) revision submitted by the State of Maine Department of Environmental Protection (Maine DEP). This SIP revision includes regulatory amendments that repeal Stage II vapor recovery requirements at gasoline dispensing facilities (GDFs) as of January 1, 2012, with the mandate that all Stage II equipment be decommissioned by January 1, 2013. Maine DEP's submission to EPA also included a demonstration that such removal is consistent with the Clean Air Act and relevant EPA guidance. This revision also includes regulatory amendments that update Maine's testing and certain equipment requirements for Stage I vapor recovery systems at GDFs. The intended effect of this action is to approve Maine's revised gasoline vapor recovery regulations. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 82 Issue 134 (Friday, July 14, 2017)
[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32480-32482]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14735]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2016-0296; A-1-FRL-9964-81-Region 1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State 
Implementation Plan (SIP) revision submitted by the State of Maine 
Department of Environmental Protection (Maine DEP). This SIP revision 
includes regulatory amendments that repeal

[[Page 32481]]

Stage II vapor recovery requirements at gasoline dispensing facilities 
(GDFs) as of January 1, 2012, with the mandate that all Stage II 
equipment be decommissioned by January 1, 2013. Maine DEP's submission 
to EPA also included a demonstration that such removal is consistent 
with the Clean Air Act and relevant EPA guidance. This revision also 
includes regulatory amendments that update Maine's testing and certain 
equipment requirements for Stage I vapor recovery systems at GDFs. The 
intended effect of this action is to approve Maine's revised gasoline 
vapor recovery regulations. This action is being taken in accordance 
with the Clean Air Act.

DATES: This rule is effective on August 14, 2017.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2016-0296. 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: Eric Rackauskas, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, EPA New England Regional 
Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston, 
MA 02109-3912, telephone number (617) 918-1628, fax (617) 918-0628, 
email [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 8, 2017 (82 FR 21348), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Maine. The NPR proposed approval of 
Maine's revised Chapter 118, Gasoline Dispensing Facilities Vapor 
Control, that had been amended to allow for and require the 
decommissioning of all Stage II vapor recovery systems at GDFs in York, 
Cumberland, and Sagadahoc Counties. The updated regulation also 
strengthened the testing requirements for Stage I systems throughout 
the State. The formal SIP revision was submitted by the Maine DEP on 
April 13, 2016, and included a demonstration that decommissioning the 
Stage II vapor recovery systems is consistent with the Clean Air Act 
and EPA guidance.
    A detailed discussion of Maine's April 13, 2016 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. No public 
comments were received on the NPR.

II. Final Action

    EPA is approving Maine's April 13, 2016 SIP revision. Specifically, 
EPA is approving Maine's revised Chapter 118, Gasoline Dispensing 
Facilities Vapor Control, and incorporating it into the Maine SIP. EPA 
is approving this SIP revision because it meets all applicable 
requirements of the Clean Air Act and relevant EPA guidance, and it 
will not interfere with attainment or maintenance of the ozone NAAQS.

III. 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 of 
the State of Maine's revised Chapter 118 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.

IV. 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

[[Page 32482]]

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 September 12, 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: June 26, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
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 U--Maine

0
2. In Sec.  52.1020:
0
a. In paragraph (c), the table titled ``EPA-Approved Maine 
Regulations'' is amended by revising the entry for ``Chapter 118.''
0
b. In paragraph (e), the table titled ``Maine Non Regulatory'' is 
amended by adding an entry for ``Demonstration of Compliance with the 
Comparable Measures Requirement of CAA section 184(b)(2)'' at the end 
of the table.
    The revision and addition read as follows:


Sec.  52.1020  Identification of plan.

* * * * *
    (c) * * *

                                         EPA-Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                      EPA approval date
         State citation             Title/subject         State       EPA approval date        Explanations
                                                     effective date   and citation \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Chapter 118....................  Gasoline                  1/1/2012  7/14/2017, [Insert  Includes
                                  Dispensing                          Federal Register    decommissioning of
                                  Facilities Vapor                    citation].          Stage II vapor
                                  Control.                                                recovery systems.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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 column for the particular provision.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
   Name of non regulatory SIP       geographic or    submittal date/  EPA approved date        Explanations
           provision             nonattainment area  effective date          \3\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Demonstration of Compliance      York, Cumberland,        4/13/2016  7/14/2017, [Insert  Emission calculations
 with the Comparable Measures     and Sagadahoc                       Federal Register    and narrative
 Requirement of CAA section       Counties.                           citation].          associated with Stage
 184(b)(2).                                                                               II Decommissioning SIP
                                                                                          revision.
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2017-14735 Filed 7-13-17; 8:45 am]
BILLING CODE 6560-50-P



                                                32480                Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations

                                                IV. Statutory and Executive Order                           The Congressional Review Act, 5                     Subpart BBB—Puerto Rico
                                                Reviews                                                  U.S.C. 801 et seq., as added by the Small
                                                                                                         Business Regulatory Enforcement                        ■ 2. Section 52.2720 is amended by
                                                   Under the CAA, the Administrator is
                                                                                                         Fairness Act of 1996, generally provides               adding paragraph (c)(40) to read as
                                                required to approve a SIP submission
                                                                                                         that before a rule may take effect, the                follows:
                                                that complies with the provisions of the
                                                Act and applicable Federal regulations.                  agency promulgating the rule must                      § 52.2720    Identification of plan.
                                                42 U.S.C. 7410(k); 40 CFR 52.02(a).                      submit a rule report, which includes a
                                                                                                                                                                *      *    *    *     *
                                                Thus, in reviewing SIP submissions, the                  copy of the rule, to each House of the                   (c) * * *
                                                EPA’s role is to approve state choices,                  Congress and to the Comptroller General                  (40) Revisions to the State
                                                provided that they meet the criteria of                  of the United States. The EPA will                     Implementation Plan submitted by the
                                                the CAA. Accordingly, this action                        submit a report containing this action                 Puerto Rico Environmental Quality
                                                merely approves state law as meeting                     and other required information to the                  Board (EQB) on August 30, 2016 for the
                                                Federal requirements and does not                        U.S. Senate, the U.S. House of                         2008 lead NAAQS.
                                                impose additional requirements beyond                    Representatives, and the Comptroller                     (i) [Reserved]
                                                those imposed by state law. For that                     General of the United States prior to                    (ii) Additional information—EPA
                                                reason, this action:                                     publication of the rule in the Federal                 approves Puerto Rico’s Attainment
                                                   • Is not a ‘‘significant regulatory                   Register. A major rule cannot take effect              Demonstration for the Arecibo Lead
                                                action’’ subject to review by the Office                 until 60 days after it is published in the             Nonattainment Area including the base
                                                of Management and Budget under                           Federal Register. This action is not a                 year emissions inventory, modeling
                                                Executive Order 12866 (58 FR 51735,                      ‘‘major rule’’ as defined by 5 U.S.C.                  demonstration of lead attainment,
                                                October 4, 1993);                                        804(2).                                                contingency measures, reasonably
                                                   • Does not impose an information                                                                             available control measures/reasonably
                                                collection burden under the provisions                      Under section 307(b)(1) of the CAA,
                                                                                                                                                                available control technology, and
                                                of the Paperwork Reduction Act (44                       petitions for judicial review of this
                                                                                                                                                                reasonable further progress.
                                                U.S.C. 3501 et seq.);                                    action must be filed in the United States
                                                                                                                                                                ■ 3. Add § 52.2727 to read as follows:
                                                   • Is certified as not having a                        Court of Appeals for the appropriate
                                                significant economic impact on a                         circuit by September 12, 2017. Filing a                § 52.2727 Control strategy and
                                                substantial number of small entities                     petition for reconsideration by the                    regulations: Lead.
                                                under the Regulatory Flexibility Act (5                  Administrator of this final rule does not                EPA approves revisions to the Puerto
                                                U.S.C. 601 et seq.);                                     affect the finality of this action for the             Rico State Implementation Plan
                                                   • Does not contain any unfunded                       purposes of judicial review nor does it                submitted on August 30, 2016,
                                                mandate or significantly or uniquely                     extend the time within which a petition                consisting of the base year emissions
                                                affect small governments, as described                   for judicial review may be filed, and                  inventory, modeling demonstration of
                                                in the Unfunded Mandates Reform Act                      shall not postpone the effectiveness of                lead attainment, contingency measures,
                                                of 1995 (Pub. L. 104–4);                                 such rule or action. This action may not               reasonably available control measures/
                                                   • Does not have Federalism                            be challenged later in proceedings to                  reasonably available control technology,
                                                implications as specified in Executive                   enforce its requirements. (See section                 and reasonable further progress for the
                                                Order 13132 (64 FR 43255, August 10,                     307(b)(2)).                                            Arecibo Lead Nonattainment Area.
                                                1999);                                                                                                          These revisions contain control
                                                   • Is not an economically significant                  List of Subjects in 40 CFR Part 52                     measures that will bring Puerto Rico
                                                regulatory action based on health or                                                                            into attainment for the Lead NAAQS by
                                                safety risks subject to Executive Order                    Environmental protection, Air
                                                                                                                                                                the end of 2018.
                                                13045 (62 FR 19885, April 23, 1997);                     pollution control, Incorporation by
                                                                                                                                                                [FR Doc. 2017–14730 Filed 7–13–17; 8:45 am]
                                                   • Is not a significant regulatory action              reference, Intergovernmental relations,
                                                subject to Executive Order 13211 (66 FR                  Lead, Nitrogen dioxide, Ozone,                         BILLING CODE 6560–50–P

                                                28355, May 22, 2001);                                    Particulate matter, Reporting and
                                                   • Is not subject to requirements of                   recordkeeping requirements, Sulfur
                                                                                                                                                                ENVIRONMENTAL PROTECTION
                                                section 12(d) of the National                            oxides, Volatile organic compounds.
                                                                                                                                                                AGENCY
                                                Technology Transfer and Advancement                           Authority: 42 U.S.C. 7401 et seq.
                                                Act of 1995 (15 U.S.C. 272 note) because                                                                        40 CFR Part 52
                                                application of those requirements would                    Dated: June 20, 2017.
                                                be inconsistent with the CAA; and,                       Catherine R. McCabe,                                   [EPA–R01–OAR–2016–0296; A–1–FRL–
                                                   • Does not provide EPA with the                                                                              9964–81–Region 1]
                                                                                                         Acting Regional Administrator, Region 2.
                                                discretionary authority to address, as
                                                                                                           For the reasons set forth in the                     Air Plan Approval; Maine;
                                                appropriate, disproportionate human
                                                                                                                                                                Decommissioning of Stage II Vapor
                                                health or environmental effects, using                   preamble, the Environmental Protection
                                                                                                                                                                Recovery Systems
                                                practicable and legally permissible                      Agency amends part 52 of chapter I, title
                                                methods, under Executive Order 12898                     40 of the Code of Federal Regulations as               AGENCY:  Environmental Protection
                                                (59 FR 7629, February 16, 1994).                         follows:                                               Agency (EPA).
                                                   In addition, this rule does not have                                                                         ACTION: Final rule.
                                                tribal implications as specified by                      PART 52—APPROVAL AND
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                                                Executive Order 13175 (65 FR 67249,                      PROMULGATION OF                                        SUMMARY:  The Environmental Protection
                                                November 9, 2000), because the SIP is                    IMPLEMENTATION PLANS                                   Agency (EPA) is approving a State
                                                not approved to apply in Indian country                                                                         Implementation Plan (SIP) revision
                                                located in the state, and the EPA notes                  ■ 1. The authority citation for part 52                submitted by the State of Maine
                                                that it will not impose substantial direct               continues to read as follows:                          Department of Environmental Protection
                                                costs on tribal governments or preempt                                                                          (Maine DEP). This SIP revision includes
                                                                                                              Authority: 42 U.S.C. 7401 et seq.
                                                tribal law.                                                                                                     regulatory amendments that repeal


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                                                                     Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations                                          32481

                                                Stage II vapor recovery requirements at                  I. Background and Purpose                             additional requirements beyond those
                                                gasoline dispensing facilities (GDFs) as                    On May 8, 2017 (82 FR 21348), EPA                  imposed by state law. For that reason,
                                                of January 1, 2012, with the mandate                     published a Notice of Proposed                        this action:
                                                that all Stage II equipment be                           Rulemaking (NPR) for the State of                        • Is not a significant regulatory action
                                                decommissioned by January 1, 2013.                       Maine. The NPR proposed approval of                   subject to review by the Office of
                                                Maine DEP’s submission to EPA also                       Maine’s revised Chapter 118, Gasoline                 Management and Budget under
                                                included a demonstration that such                       Dispensing Facilities Vapor Control, that             Executive Orders 12866 (58 FR 51735,
                                                removal is consistent with the Clean Air                 had been amended to allow for and                     October 4, 1993) and 13563 (76 FR 3821,
                                                Act and relevant EPA guidance. This                      require the decommissioning of all                    January 21, 2011);
                                                revision also includes regulatory                        Stage II vapor recovery systems at GDFs                  • Does not impose an information
                                                amendments that update Maine’s testing                   in York, Cumberland, and Sagadahoc                    collection burden under the provisions
                                                and certain equipment requirements for                   Counties. The updated regulation also                 of the Paperwork Reduction Act (44
                                                Stage I vapor recovery systems at GDFs.                  strengthened the testing requirements                 U.S.C. 3501 et seq.);
                                                The intended effect of this action is to                 for Stage I systems throughout the State.                • Is certified as not having a
                                                approve Maine’s revised gasoline vapor                   The formal SIP revision was submitted                 significant economic impact on a
                                                recovery regulations. This action is                     by the Maine DEP on April 13, 2016,                   substantial number of small entities
                                                being taken in accordance with the                       and included a demonstration that                     under the Regulatory Flexibility Act (5
                                                Clean Air Act.                                           decommissioning the Stage II vapor                    U.S.C. 601 et seq.);
                                                                                                                                                                  • Does not contain any unfunded
                                                DATES: This rule is effective on August                  recovery systems is consistent with the
                                                                                                                                                               mandate or significantly or uniquely
                                                14, 2017.                                                Clean Air Act and EPA guidance.
                                                                                                            A detailed discussion of Maine’s                   affect small governments, as described
                                                ADDRESSES:     EPA has established a                     April 13, 2016 SIP revision and EPA’s                 in the Unfunded Mandates Reform Act
                                                docket for this action under Docket                      rationale for proposing approval of the               of 1995 (Pub. L. 104–4);
                                                Identification No. EPA–R01–OAR–                          SIP revision were provided in the NPR                    • Does not have Federalism
                                                2016–0296. All documents in the docket                   and will not be restated in this notice.              implications as specified in Executive
                                                are listed on the http://                                No public comments were received on                   Order 13132 (64 FR 43255, August 10,
                                                www.regulations.gov Web site. Although                   the NPR.                                              1999);
                                                listed in the index, some information is                                                                          • Is not an economically significant
                                                not publicly available, i.e., CBI or other               II. Final Action                                      regulatory action based on health or
                                                information whose disclosure is                             EPA is approving Maine’s April 13,                 safety risks subject to Executive Order
                                                restricted by statute. Certain other                     2016 SIP revision. Specifically, EPA is               13045 (62 FR 19885, April 23, 1997);
                                                material, such as copyrighted material,                  approving Maine’s revised Chapter 118,                   • Is not a significant regulatory action
                                                is not placed on the Internet and will be                Gasoline Dispensing Facilities Vapor                  subject to Executive Order 13211 (66 FR
                                                publicly available only in hard copy                     Control, and incorporating it into the                28355, May 22, 2001);
                                                form. Publicly available docket                          Maine SIP. EPA is approving this SIP                     • Is not subject to requirements of
                                                materials are available at http://                       revision because it meets all applicable              Section 12(d) of the National
                                                www.regulations.gov or at the U.S.                       requirements of the Clean Air Act and                 Technology Transfer and Advancement
                                                Environmental Protection Agency, EPA                     relevant EPA guidance, and it will not                Act of 1995 (15 U.S.C. 272 note) because
                                                New England Regional Office, Office of                   interfere with attainment or                          application of those requirements would
                                                Ecosystem Protection, Air Quality                        maintenance of the ozone NAAQS.                       be inconsistent with the Clean Air Act;
                                                Planning Unit, 5 Post Office Square—                                                                           and
                                                                                                         III. Incorporation by Reference                          • Does not provide EPA with the
                                                Suite 100, Boston, MA. EPA requests
                                                                                                            In this rule, the EPA is finalizing                discretionary authority to address, as
                                                that if at all possible, you contact the
                                                                                                         regulatory text that includes                         appropriate, disproportionate human
                                                contact listed in the FOR FURTHER
                                                                                                         incorporation by reference. In                        health or environmental effects, using
                                                INFORMATION CONTACT section to
                                                                                                         accordance with requirements of 1 CFR                 practicable and legally permissible
                                                schedule your inspection. The Regional
                                                                                                         51.5, the EPA is finalizing the                       methods, under Executive Order 12898
                                                Office’s official hours of business are
                                                                                                         incorporation by reference of the of the              (59 FR 7629, February 16, 1994).
                                                Monday through Friday, 8:30 a.m. to
                                                                                                         State of Maine’s revised Chapter 118                     In addition, the SIP is not approved
                                                4:30 p.m., excluding legal holidays.
                                                                                                         described in the amendments to 40 CFR                 to apply on any Indian reservation land
                                                FOR FURTHER INFORMATION CONTACT:    Eric                 part 52 set forth below. The EPA has                  or in any other area where EPA or an
                                                Rackauskas, Air Quality Planning Unit,                   made, and will continue to make, these                Indian tribe has demonstrated that a
                                                U.S. Environmental Protection Agency,                    documents generally available through                 tribe has jurisdiction. In those areas of
                                                EPA New England Regional Office, 5                       http://www.regulations.gov.                           Indian country, the rule does not have
                                                Post Office Square, Suite 100 [mail                                                                            tribal implications and will not impose
                                                code: OPE05–2], Boston, MA 02109–                        IV. Statutory and Executive Order                     substantial direct costs on tribal
                                                3912, telephone number (617) 918–                        Reviews                                               governments or preempt tribal law as
                                                1628, fax (617) 918–0628, email                            Under the Clean Air Act, the                        specified by Executive Order 13175 (65
                                                rackauskas.eric@epa.gov.                                 Administrator is required to approve a                FR 67249, November 9, 2000).
                                                SUPPLEMENTARY INFORMATION:
                                                                                                         SIP submission that complies with the                    The Congressional Review Act, 5
                                                Throughout this document whenever                        provisions of the Act and applicable                  U.S.C. 801 et seq., as added by the Small
                                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean              Federal regulations. 42 U.S.C. 7410(k);               Business Regulatory Enforcement
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                                                EPA.                                                     40 CFR 52.02(a). Thus, in reviewing SIP               Fairness Act of 1996, generally provides
                                                                                                         submissions, EPA’s role is to approve                 that before a rule may take effect, the
                                                Table of Contents                                        state choices, provided that they meet                agency promulgating the rule must
                                                I. Background and Purpose                                the criteria of the Clean Air Act.                    submit a rule report, which includes a
                                                II. Final Action                                         Accordingly, this action merely                       copy of the rule, to each House of the
                                                III. Incorporation by Reference                          approves state law as meeting Federal                 Congress and to the Comptroller General
                                                IV. Statutory and Executive Order Reviews                requirements and does not impose                      of the United States. EPA will submit a


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                                                32482                       Federal Register / Vol. 82, No. 134 / Friday, July 14, 2017 / Rules and Regulations

                                                report containing this action and other                             enforce its requirements. (See section                             Authority: 42 U.S.C. 7401 et seq.
                                                required information to the U.S. Senate,                            307(b)(2).)
                                                the U.S. House of Representatives, and                                                                                             Subpart U—Maine
                                                                                                                    List of Subjects in 40 CFR Part 52
                                                the Comptroller General of the United
                                                States prior to publication of the rule in                            Environmental protection, Air                                ■  2. In § 52.1020:
                                                the Federal Register. A major rule                                  pollution control, Carbon monoxide,                            ■  a. In paragraph (c), the table titled
                                                cannot take effect until 60 days after it                           Incorporation by reference,
                                                                                                                                                                                   ‘‘EPA-Approved Maine Regulations’’ is
                                                                                                                    Intergovernmental relations, Lead,
                                                is published in the Federal Register.                                                                                              amended by revising the entry for
                                                                                                                    Nitrogen dioxide, Ozone, Particulate
                                                This action is not a ‘‘major rule’’ as                                                                                             ‘‘Chapter 118.’’
                                                                                                                    matter, Reporting and recordkeeping
                                                defined by 5 U.S.C. 804(2).                                                                                                        ■ b. In paragraph (e), the table titled
                                                                                                                    requirements, Sulfur oxides, Volatile
                                                   Under section 307(b)(1) of the Clean                             organic compounds.                                             ‘‘Maine Non Regulatory’’ is amended by
                                                Air Act, petitions for judicial review of                             Dated: June 26, 2017.                                        adding an entry for ‘‘Demonstration of
                                                this action must be filed in the United                                                                                            Compliance with the Comparable
                                                                                                                    Deborah A. Szaro,
                                                States Court of Appeals for the                                                                                                    Measures Requirement of CAA section
                                                                                                                    Acting Regional Administrator, EPA New
                                                appropriate circuit by September 12,                                England.                                                       184(b)(2)’’ at the end of the table.
                                                2017. Filing a petition for
                                                                                                                      Part 52 of chapter I, title 40 of the                           The revision and addition read as
                                                reconsideration by the Administrator of
                                                                                                                    Code of Federal Regulations is amended                         follows:
                                                this final rule does not affect the finality
                                                of this action for the purposes of judicial                         as follows:
                                                                                                                                                                                   § 52.1020    Identification of plan.
                                                review nor does it extend the time                                  PART 52—APPROVAL AND                                           *       *    *       *      *
                                                within which a petition for judicial                                PROMULGATION OF
                                                review may be filed, and shall not                                                                                                     (c) * * *
                                                                                                                    IMPLEMENTATION PLANS
                                                postpone the effectiveness of such rule
                                                or action. This action may not be                                   ■ 1. The authority citation for part 52
                                                challenged later in proceedings to                                  continues to read as follows:

                                                                                                                     EPA-APPROVED MAINE REGULATIONS
                                                                                                                                     State effective          EPA approval date EPA
                                                               State citation                           Title/subject                                                                                       Explanations
                                                                                                                                          date               approval date and citation 1


                                                         *                            *                  *                                       *                          *                        *                   *
                                                Chapter 118 ......................... Gasoline Dispensing Facili-                           1/1/2012         7/14/2017, [Insert Federal        Includes decommissioning of Stage
                                                                                        ties Vapor Control.                                                    Register citation].               II vapor recovery systems.

                                                                *                            *                           *                          *                         *                     *                      *
                                                    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.


                                                *          *        *       *       *                                    (e) * * *

                                                                                                                                 MAINE NON REGULATORY
                                                                                                                                     State submittal
                                                 Name of non regulatory SIP                      Applicable geographic or             date/effective                EPA approved date 3                     Explanations
                                                         provision                                 nonattainment area                     date


                                                        *                  *                   *                                                 *                          *                       *                    *
                                                Demonstration of Compli-     York, Cumberland, and                                         4/13/2016         7/14/2017, [Insert Federal        Emission calculations and narrative
                                                  ance with the Comparable     Sagadahoc Counties.                                                             Register citation].              associated with Stage II Decom-
                                                  Measures Requirement of                                                                                                                       missioning SIP revision.
                                                  CAA section 184(b)(2).
                                                  3 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.


                                                [FR Doc. 2017–14735 Filed 7–13–17; 8:45 am]                         ENVIRONMENTAL PROTECTION                                       ACTION:   Final rule.
                                                BILLING CODE 6560–50–P                                              AGENCY
                                                                                                                                                                                   SUMMARY:   This regulation establishes
                                                                                                                    40 CFR Part 180                                                tolerances for residues of
mstockstill on DSK30JT082PROD with RULES




                                                                                                                                                                                   difenoconazole in or on cottonseed
                                                                                                                    [EPA–HQ–OPP–2016–0254; FRL–9962–05]                            subgroup 20C; rice, grain; and rice,
                                                                                                                                                                                   wild, grain. It also amends the existing
                                                                                                                    Difenoconazole; Pesticide Tolerances                           tolerance for cotton, gin byproducts, and
                                                                                                                                                                                   removes the tolerance for cotton,
                                                                                                                    AGENCY: Environmental Protection                               undelinted seed. Syngenta Crop
                                                                                                                    Agency (EPA).                                                  Protection, LLC requested these


                                           VerDate Sep<11>2014          17:00 Jul 13, 2017       Jkt 241001   PO 00000       Frm 00036   Fmt 4700       Sfmt 4700    E:\FR\FM\14JYR1.SGM   14JYR1



Document Created: 2018-10-24 11:17:28
Document Modified: 2018-10-24 11:17:28
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
ActionFinal rule.
DatesThis rule is effective on August 14, 2017.
ContactEric Rackauskas, Air Quality Planning Unit, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100 [mail code: OPE05-2], Boston, MA 02109-3912, telephone number (617) 918-1628, fax (617) 918-0628, email [email protected]
FR Citation82 FR 32480 
CFR AssociatedEnvironmental 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

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