83 FR 33132 - Air Plan Approval; Tennessee; Revisions to Stage I and II Vapor Recovery Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 137 (July 17, 2018)
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33132-33134 | |
| FR Document | 2018-15148 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Rules and Regulations] [Pages 33132-33134] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15148] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0740; FRL-9980-81--Region 4] Air Plan Approval; Tennessee; Revisions to Stage I and II Vapor Recovery Requirements 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 Tennessee through the Tennessee Department of Environment and Conservation (TDEC) on November 11, 2017, for the purpose of establishing minor changes to the gasoline dispensing regulations, including adding clarifying language and effective and compliance dates and specifying the counties subject to the reporting requirement rule. EPA has determined that Tennessee's November 11, 2017, SIP revision is approvable because it is consistent with the Clean Air Act (CAA or Act) and with EPA's regulations and guidance. DATES: This rule is effective August 16, 2018. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2017-0740. All documents in the docket are listed on the www.regulations.gov website. 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: Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can also be reached via electronic mail at [email protected]@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On November 11, 2017, TDEC submitted a SIP revision to EPA seeking to add clarity for the benefit of the regulated community with gasoline dispensing facilities. Tennessee is making a minor change to its rules regarding gasoline dispensing facilities (GDF) at subparagraph (1)(d) of rule 1200-03-18-.24--``For any GDF otherwise exempt from subparagraph (c) of this paragraph based on monthly throughput, if the GDF ever exceeds the applicability threshold specified in subparagraph (c) of this paragraph, it shall be subject to the requirements of subparagraph (c) of this paragraph and shall remain subject to those requirements even if its throughput later falls below the threshold. The owner or operator shall inform the Technical Secretary within 30 days following the exceedance.'' The revision clarifies the meaning and application of subparagraph (1)(d) of rule 1200-03-18-.24 by adding the words ``ever'' and ``and shall remain subject to those requirements'' italicized above. In addition, this revision replaces the phrase ``the effective date of this rule'' with the actual effective date of the rule (July 14, 2016) and replaces ``three years after effective date'' with the actual date of the rule for compliance (August 14, 2019). Finally, this revision adds the list of counties (Davidson, Rutherford, Shelby, Sumner, Knox, Anderson, Williamson and Wilson) that need to report to their permitting authority (if they emit more than 25 tons in a calendar year) and the cross reference to the existing reporting requirement in rule 1200-03-18-.02 to simplify the issuances of notices of authorization under pending permit-by-rule provisions. [[Page 33133]] Pursuant to CAA section 110(l), the Administrator shall not approve a revision of a plan if the revision would interfere with any applicable requirement concerning attainment and reasonable further progress (as defined in CAA section 171), or any other applicable requirement of the Act. The State's addition of clarifying language, specific dates for the gas dispensing rule's effective and compliance dates, as well as specifying the counties subject to the reporting requirement under the cross-referenced rule are approvable under section 110(l) because they merely clarify the application of the rule and are consistent with the CAA and federal regulations. In this action, EPA is approving TDEC's request to revise the Stage II requirements in the State of Tennessee. EPA published a proposed rulemaking on April 12, 2018 (83 FR 16279), to approve this revision. The details of Tennessee's submittal and the rationale for EPA's action are explained in the proposed rulemaking. The comment period for this proposed rulemaking closed on May 16, 2018. While EPA received six unrelated comments, EPA did not receive any adverse comments for the proposed approval during the public comment period. II. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of TDEC Regulation section 1200-03-18-.24 entitled ``Gasoline Dispensing Facilities-Stage I and II Vapor Recovery,'' effective August 31, 2017. EPA has made, and will continue to make, these materials generally available through www.regulations.gov and at the EPA Region 4 Office (please contact the person identified in the ``For Further Information Contact'' section of this preamble for more information). Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA's approval, and will be incorporated by reference in the next update to the SIP compilation.\1\ --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- III. Final Action EPA is taking final action to approve the November 11, 2017, revision to the Tennessee SIP, concerning Regulation 1200-03-18-24, Stage I and II Vapor Recovery Requirements, submitted by the TDEC. This action makes minor changes to clarify the Regulation's meaning and applicability. EPA has determined that Tennessee's November 11, 2017, SIP revision related to the Stage I and II Vapor Recovery Requirements is consistent with the CAA and EPA's regulations and guidance related to removal of Stage II requirements from the SIP and that these changes will not interfere with any applicable requirement concerning attainment or any other applicable requirement of the CAA, and therefore satisfy section 110(l). IV. 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 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. 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); Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; 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 17, 2018. 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 [[Page 33134]] requirements, Sulfur oxides, Volatile organic compounds. Dated: July 2, 2018. Onis ``Trey'' Glenn, III, 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, is amended under CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS by revising the entry for ``Section 1200-3-18-.24, Gasoline Dispensing Facilities'' to read as follows: Sec. 52.2220 Identification of plan. * * * * * (c) * * * Table 1--EPA-Approved Tennessee Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- State State citation Title/subject effective date EPA approval date Explanation -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * Section 1200-3-18-.24............. Gasoline Dispensing 8/31/2017 7/17/2018, [Insert citation of ..................................... Facilities. publication]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2018-15148 Filed 7-16-18; 8:45 am] BILLING CODE 6560-50-P
![33132 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
applicable because this rulemaking does Dated: July 10, 2018. if at all possible, you contact the person
not contain provisions that involve the Andrei Iancu, listed in the FOR FURTHER INFORMATION
use of technical standards. Under Secretary of Commerce for Intellectual CONTACT section to schedule your
P. Paperwork Reduction Act: This Property and Director of the United States inspection. The Regional Office’s
Patent and Trademark Office. official hours of business are Monday
rulemaking involves information
collection requirements which are [FR Doc. 2018–15163 Filed 7–16–18; 8:45 am] through Friday 8:30 a.m. to 4:30 p.m.,
subject to review by the Office of BILLING CODE 3510–16–P excluding Federal holidays.
Management and Budget (OMB) under FOR FURTHER INFORMATION CONTACT:
the Paperwork Reduction Act of 1995 Kelly Sheckler, Air Regulatory
(44 U.S.C. 3501 et seq.). The collection ENVIRONMENTAL PROTECTION Management Section, Air Planning and
of information involved in this rule has AGENCY Implementation Branch, Air, Pesticides
been reviewed and previously approved and Toxics Management Division,
by OMB under control number 0651– 40 CFR Part 52 Region 4, U.S. Environmental Protection
0054. [EPA–R04–OAR–2017–0740; FRL–9980– Agency, 61 Forsyth Street SW, Atlanta,
Notwithstanding any other provision 81—Region 4] Georgia 30303–8960. The telephone
of law, no person is required to respond number is (404) 562–9222. Ms. Sheckler
to nor shall a person be subject to a Air Plan Approval; Tennessee; can also be reached via electronic mail
penalty for failure to comply with a Revisions to Stage I and II Vapor at sheckler.kelly@
collection of information subject to the Recovery Requirements epa.govsheckler.kelly@epa.gov.
requirements of the Paperwork AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION:
Reduction Act unless that collection of Agency (EPA).
information displays a currently valid I. Background
ACTION: Final rule.
OMB control number. On November 11, 2017, TDEC
List of Subjects for 37 CFR Part 2 SUMMARY: The Environmental Protection submitted a SIP revision to EPA seeking
Agency (EPA) is approving a State to add clarity for the benefit of the
Administrative practice and Implementation Plan (SIP) revision regulated community with gasoline
procedure, Trademarks. submitted by the State of Tennessee dispensing facilities. Tennessee is
through the Tennessee Department of making a minor change to its rules
For the reasons stated in the preamble Environment and Conservation (TDEC) regarding gasoline dispensing facilities
and under the authority contained in 15 on November 11, 2017, for the purpose (GDF) at subparagraph (1)(d) of rule
U.S.C. 1123 and 35 U.S.C. 2, as of establishing minor changes to the 1200–03–18–.24—‘‘For any GDF
amended, the Office amends part 2 of gasoline dispensing regulations, otherwise exempt from subparagraph (c)
title 37 as follows: including adding clarifying language of this paragraph based on monthly
and effective and compliance dates and throughput, if the GDF ever exceeds the
PART 2—RULES OF PRACTICE IN
specifying the counties subject to the applicability threshold specified in
TRADEMARK CASES
reporting requirement rule. EPA has subparagraph (c) of this paragraph, it
determined that Tennessee’s November shall be subject to the requirements of
■ 1. The authority citation for part 2 is 11, 2017, SIP revision is approvable
revised to read as follows: subparagraph (c) of this paragraph and
because it is consistent with the Clean shall remain subject to those
Authority: 15 U.S.C. 1123 and 35 U.S.C. Air Act (CAA or Act) and with EPA’s requirements even if its throughput later
2 unless otherwise noted. Sec. 2.99 also regulations and guidance. falls below the threshold. The owner or
issued under secs. 16, 17, 60 Stat. 434; 15 DATES: This rule is effective August 16, operator shall inform the Technical
U.S.C. 1066, 1067. 2018. Secretary within 30 days following the
■ 2. Revise the undesignated center ADDRESSES: EPA has established a exceedance.’’ The revision clarifies the
heading ‘‘INTERFERENCES AND docket for this action under Docket meaning and application of
CONCURRENT USE PROCEEDINGS’’ Identification No. EPA–R04–OAR– subparagraph (1)(d) of rule 1200–03–18–
above § 2.91 to read ‘‘CONCURRENT 2017–0740. All documents in the docket .24 by adding the words ‘‘ever’’ and
USE PROCEEDINGS’’ and remove the are listed on the www.regulations.gov ‘‘and shall remain subject to those
authority citation immediately website. Although listed in the index, requirements’’ italicized above.
following that heading. some information is not publicly In addition, this revision replaces the
available, i.e., Confidential Business phrase ‘‘the effective date of this rule’’
§ 2.91 [Reserved and Reserved] Information or other information whose with the actual effective date of the rule
disclosure is restricted by statute. (July 14, 2016) and replaces ‘‘three years
■ 3. Remove and reserve § 2.91.
Certain other material, such as after effective date’’ with the actual date
§ 2.92 [Reserved and Reserved] copyrighted material, is not placed on of the rule for compliance (August 14,
the internet and will be publicly 2019). Finally, this revision adds the list
■ 4. Remove and reserve § 2.92. available only in hard copy form. of counties (Davidson, Rutherford,
Publicly available docket materials are Shelby, Sumner, Knox, Anderson,
§ 2.93 [Reserved and Reserved]
available either electronically through Williamson and Wilson) that need to
■ 5. Remove and reserve § 2.93. www.regulations.gov or in hard copy at report to their permitting authority (if
the Air Regulatory Management Section, they emit more than 25 tons in a
daltland on DSKBBV9HB2PROD with RULES
§ 2.96 [Reserved and Reserved] Air Planning and Implementation calendar year) and the cross reference to
Branch, Air, Pesticides and Toxics the existing reporting requirement in
■ 6. Remove and reserve § 2.96. Management Division, U.S. rule 1200–03–18–.02 to simplify the
§ 2.98 [Reserved and Reserved] Environmental Protection Agency, issuances of notices of authorization
Region 4, 61 Forsyth Street SW, Atlanta, under pending permit-by-rule
■ 7. Remove and reserve § 2.98. Georgia 30303–8960. EPA requests that provisions.
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requirements, Sulfur oxides, Volatile PART 52—APPROVAL AND ORGANIC COMPOUNDS by revising
organic compounds. PROMULGATION OF the entry for ‘‘Section 1200–3–18–.24,
Dated: July 2, 2018. IMPLEMENTATION PLANS Gasoline Dispensing Facilities’’ to read
as follows:
Onis ‘‘Trey’’ Glenn, III, ■ 1. The authority citation for part 52
Regional Administrator, Region 4. continues to read as follows: § 52.2220 Identification of plan.
40 CFR part 52 is amended as follows: Authority: 42.U.S.C. 7401 et seq. * * * * *
(c) * * *
Subpart RR—Tennessee
■2. Section 52.2220, is amended under
CHAPTER 1200–3–18 VOLATILE
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
CHAPTER 1200–3–18 VOLATILE ORGANIC COMPOUNDS
* * * * * * *
Section 1200–3–18–.24 ............... Gasoline Dispensing Facilities .... 8/31/2017 7/17/2018, [Insert citation
of publication].
* * * * * * *
* * * * * State of Minnesota, through the make. The EPA will generally not
[FR Doc. 2018–15148 Filed 7–16–18; 8:45 am] Minnesota Pollution Control Agency consider comments or comment
BILLING CODE 6560–50–P (MPCA), because EPA has determined contents located outside of the primary
that all appropriate response actions submission (i.e., on the web, cloud, or
under CERCLA at OU3, other than other file sharing system). For
ENVIRONMENTAL PROTECTION operation, maintenance, and five-year additional submission methods, the full
AGENCY reviews, have been completed. EPA public comment policy,
However, this partial deletion does not information about CBI or multimedia
40 CFR Part 300 preclude future actions under submissions, and general guidance on
[EPA–HQ–SFUND–1989–0007; FRL–9980– Superfund. making effective comments, please visit
71—Region 5] DATES: This direct final partial deletion http://www2.epa.gov/dockets/
is effective September 17, 2018 unless commenting-epa-dockets.
National Oil and Hazardous EPA receives adverse comments by Email: cano.randolph@epa.gov.
Substances Pollution Contingency August 16, 2018. If adverse comments Mail: Randolph Cano, NPL Deletion
Plan; National Priorities List: Partial are received, EPA will publish a timely Coordinator, U.S. Environmental
Deletion of the Naval Industrial withdrawal of the direct final partial Protection Agency Region 5 (SR–6J), 77
Reserve Ordnance Plant Superfund deletion in the Federal Register West Jackson Boulevard, Chicago, IL
Site informing the public that the partial 60604, (312) 886–6036.
AGENCY: Environmental Protection deletion will not take effect. Hand deliver: Superfund Records
Agency (EPA). ADDRESSES: Submit your comments, Center, U.S. Environmental Protection
ACTION: Direct final rule. identified by Docket ID No. EPA–HQ– Agency Region 5, 77 West Jackson
SFUND–1989–0007, by one of the Boulevard, 7th Floor South, Chicago, IL
SUMMARY: The Environmental Protection following methods: http:// 60604, (312)886–0900. Such deliveries
Agency (EPA) Region 5 is publishing a www.regulations.gov. Follow the online are only accepted during the Docket’s
direct final Notice of Deletion of instructions for submitting comments. normal hours of operation, and special
Operable Unit 3 (OU3) of the Naval Once submitted, comments cannot be arrangements should be made for
Industrial Reserve Ordnance Plant edited or removed from Regulations.gov. deliveries of boxed information. The
(NIROP) Superfund Site (Site), located The EPA may publish any comment normal business hours are Monday
in Fridley, Minnesota, from the National received to its public docket. Do not through Friday, 8 a.m. to 4 p.m.,
Priorities List (NPL). The NPL, submit electronically any information excluding Federal holidays.
promulgated pursuant to section 105 of you consider to be Confidential Instructions: Direct your comments to
the Comprehensive Environmental Business Information (CBI) or other Docket ID no. EPA–HQ–SFUND–1989–
Response, Compensation, and Liability information whose disclosure is 0007. The http://www.regulations.gov
daltland on DSKBBV9HB2PROD with RULES
Act (CERCLA) of 1980, as amended, is restricted by statute. Multimedia website is an ‘‘anonymous access’’
an appendix of the National Oil and submissions (audio, video, etc.) must be system, which means EPA will not
Hazardous Substances Pollution accompanied by a written comment. know your identity or contact
Contingency Plan (NCP). This direct The written comment is considered the information unless you provide it in the
final partial deletion is being published official comment and should include body of your comment. If you send an
by EPA with the concurrence of the discussion of all points you wish to email comment directly to EPA without
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Document Created: 2018-07-17 01:39:24
Document Modified: 2018-07-17 01:39:24
| 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 August 16, 2018. | |
| Contact | Kelly Sheckler, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, Region 4, U.S. Environmental Protection Agency, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. The telephone number is (404) 562-9222. Ms. Sheckler can also be reached via electronic mail at [email protected]@epa.gov. | |
| FR Citation | 83 FR 33132 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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