[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29959-29964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12351]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0422; FRL-9927-90-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Revisions to the Attainment Plans for the Commonwealth of 
Virginia Portion of the Washington, DC-MD-VA 1990 1-Hour and 1997 8-
Hour Ozone Nonattainment Areas and the Maintenance Plan for the 
Fredericksburg 1997 8-Hour Ozone Maintenance Area To Remove the Stage 
II Vapor Recovery Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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[[Page 29960]]

SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Commonwealth of Virginia 
(Virginia) State Implementation Plan (SIP). These revisions remove the 
Stage II vapor recovery program (Stage II) from the attainment plans 
for the Virginia portion of the Washington, DC-MD-VA 1990 1-Hour and 
1997 8-Hour Ozone National Ambient Air Quality Standard (NAAQS) 
Nonattainment Areas (Northern Virginia Areas), as well as from the 
maintenance plan for the Fredericksburg 1997 8-Hour Ozone NAAQS 
Maintenance Area (Fredericksburg Area) (the three areas are 
collectively referred to as the Virginia Areas or Areas). These 
revisions also include an analysis that addresses the impact of the 
removal of Stage II from subject gasoline dispensing facilities (GDFs) 
in the Virginia Areas. The analysis submitted by the Commonwealth 
satisfies the requirements of the Clean Air Act (CAA). EPA is approving 
these revisions in accordance with the requirements of the CAA.

DATES: This rule is effective on July 27, 2015 without further notice, 
unless EPA receives adverse written comment by June 25, 2015. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0422 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2014-0422, Cristina Fernandez, Associate 
Director, Office of Air Program Planning, Mailcode 3AP30, U.S. 
Environmental Protection Agency, Region III, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0422. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 either electronically in www.regulations.gov or 
in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Asrah Khadr, (215) 814-2071, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On March 18, 2014, Virginia submitted formal revisions to its SIP 
through the Virginia Department of Environmental Quality (VADEQ). These 
SIP revisions consist of the removal of Stage II from the attainment 
and maintenance plans for the Virginia Areas. The SIP revisions also 
consists of an analysis demonstrating that the removal of Stage II from 
the Virginia Areas' attainment and maintenance plans will not cause any 
increase in emissions. This analysis satisfies the requirements of 
section 110(l) of the CAA because it demonstrates the SIP revision will 
not interfere with any applicable requirements concerning attainment or 
reasonable further progress (RFP) of the NAAQS nor interfere with any 
other CAA applicable requirement. Virginia's analysis shows that the 
removal of Stage II from these Areas will not worsen air quality nor 
interfere with attainment or maintenance of the NAAQS in the Areas. The 
analysis also satisfies the requirements of CAA section 184(b)(2) for 
comparability of control measures with the emissions reductions from 
Stage II for the portion of the Areas in the Ozone Transport Region 
(OTR).
    Stage II is a means of capturing gasoline vapors displaced during 
transfer of gasoline from the gasoline dispensing unit to the motor 
vehicle fuel tank during vehicle refueling at a GDF. Stage II involves 
the use of special refueling nozzles and coaxial hoses for vapor 
collection at each gasoline pump at a subject GDF. Gasoline vapors 
belong to a class of pollutants known as volatile organic compounds 
(VOCs). These compounds along with nitrogen oxides (NOX) are 
precursors to the formation of ozone. Stage II gasoline vapor recovery 
systems have been a required emission control measure in areas 
classified as serious, severe, and extreme for the ozone NAAQS.
    The amendment of the CAA in 1990 required, under CAA section 
182(b)(3), Stage II controls for moderate ozone nonattainment areas and 
Stage II or comparable controls in the OTR. See CAA section 184(a) and 
(b)(2). However, under section 202(a)(6) of the CAA, the requirements 
of section 182(b)(3) would no longer apply in moderate ozone 
nonattainment areas upon EPA promulgation of standards for onboard 
refueling vapor recovery (ORVR) as part of new motor vehicles' emission 
control systems, and would no longer apply in serious or above ozone 
areas after EPA's determination that ORVR technology is in widespread 
use. ORVR is a mechanism employed by vehicles to re-use the vapors in 
their gas tanks instead of allowing them to escape. Over time, non-ORVR 
vehicles continued to be replaced by ORVR-equipped vehicles. On May 16, 
2012, EPA determined that ORVR technology is in widespread use 
throughout the U.S. vehicle fleet and waived the requirement for states 
to implement Stage II vapor recovery at GDFs in nonattainment areas 
classified as Serious or above for the ozone NAAQS. In that rulemaking, 
EPA determined that emission reductions

[[Page 29961]]

from ORVR-equipped vehicles were essentially equal to and would soon 
surpass the emission reductions achieved by Stage II alone, and that a 
state previously required to implement a Stage II vapor recovery 
program may take appropriate action to remove the measure from its SIP. 
See 77 FR 28772 (further providing that states could address CAA 
section 110(l) for removal of Stage II by showing removal would not 
result in an emissions increase).
    The Washington, DC-MD-VA 1990 1-Hour Ozone Nonattainment Area was 
designated as a serious nonattainment area under the 1990 1-Hour Ozone 
NAAQS. The Washington, DC-MD-VA 1997 8-Hour Ozone NAAQS Nonattainment 
Area was designated as moderate under the 1997 8-Hour Ozone NAAQS. The 
Fredericksburg Area for the 1997 8-Hour Ozone NAAQS was designated as a 
moderate nonattainment area.
    On December 19, 1997, the District of Columbia, Maryland, and 
Virginia (the three States) submitted an attainment plan for the 
Washington, DC-MD-VA 1990 1-Hour Ozone NAAQS Nonattainment Area. On 
April 17, 2003 (68 FR 19106), EPA conditionally approved the attainment 
plan. However, on November 13, 2002 (67 FR 68805), EPA reclassified the 
Area as severe nonattainment. To meet the requirements of the severe 
classification, the three States submitted an attainment plan on 
February 24, 2004. On May 13, 2005 (70 FR 25688), this attainment plan 
was approved.
    On June 12, 2007, the three States submitted an attainment plan for 
the Washington, DC-MD-VA 1997 8-Hour Ozone NAAQS Nonattainment Area, 
which EPA proposed to approve on March 20, 2013 (78 FR 17161). 
Subsequently on February 28, 2012 (77 FR 11739), EPA published a clean 
data determination as well as a determination of attainment that the 
Area met the 1997 8-Hour Ozone NAAQS by its mandated attainment date, 
which was based on the 2008 to 2010 monitored air quality data. While 
the clean data determination suspended the requirement to submit 
certain planning-related SIPs for the Area, including the attainment 
demonstration, EPA was not precluded from acting on an attainment 
demonstration submitted for the Area. On April 10, 2015 (80 FR 19206), 
EPA approved the attainment plan. On September 28, 2005, a 
redesignation request and maintenance plan for the Fredericksburg Area 
were submitted by Virginia. On December 23, 2005 (70 FR 76165), EPA 
approved the Fredericksburg Area redesignation request and maintenance 
plan.
    The 1990 1-Hour Ozone NAAQS was revoked on June 15, 2005. However, 
EPA's implementation rule for the 1997 8-Hour Ozone NAAQS retained the 
Stage II-related requirements under CAA section 182(b)(3), for certain 
areas under the 1-Hour Ozone NAAQS (see 40 CFR 51.900(f)). Therefore, 
the 1997 8-Hour Ozone NAAQS attainment plan for the Washington, DC-MD-
VA Area was required to contain provisions for the implementation of 
Stage II.

II. Summary of SIP Revisions and EPA Analysis

    The March 18, 2014 SIP revision submitted by VADEQ seeks removal of 
Stage II from the attainment and maintenance plans for the Virginia 
Areas. The analysis submitted by VADEQ for the SIP revision addresses 
the effects of removing Stage II from the Virginia Areas. In accordance 
with section 110(l) of the CAA, the analysis demonstrates that the 
removal of Stage II from the Virginia Areas will not interfere with the 
attainment or maintenance of the NAAQS. The analysis also meets the 
requirements of CAA section 184(b)(2), which the Northern Virginia Area 
is subject to because it is a part of the OTR. For this analysis, VADEQ 
followed EPA's August 7, 2012 Guidance on Removing Stage II Gasoline 
Vapor Control Programs from State Implementation Plans and Assessing 
Comparable Measures. The guidance document provides a method in which 
states could provide certain calculations showing that increased 
emissions from non-ORVR compatible Stage II would eventually negate 
benefits from the implementation of Stage II. Also, the guidance gives 
the states flexibility to provide additional or alternate analyses to 
EPA for consideration.
    As recommended by the guidance, VADEQ calculated the area-wide (the 
Virginia Areas) VOC inventory emissions benefits from Stage II. These 
calculations show the point at which the emissions increases from non-
ORVR compatible Stage II would overtake emissions benefits from Stage 
II. The VOC inventory calculation results from year 2008 to 2020 are 
provided in Table 1, Stage II Emissions Reductions in the Virginia 
Areas-Wide VOC Inventory. The results provided in Table 1 demonstrate 
that in 2013 there would no longer be a VOC emissions benefit from 
Stage II, or that the emissions benefit is negative, and Virginia 
removed the Stage II requirement from its regulations on January 1, 
2014. VADEQ also provided additional data and analyses demonstrating 
that Stage II has very little impact on VOC emissions in the Virginia 
Areas and that modeling indicates that the formation of ozone in the 
Area is much more dependent on NOX emissions than VOC 
emissions. EPA finds removal of Stage II from the attainment and 
maintenance plans will not increase emissions of VOC or increase ozone. 
EPA also finds removal will not interfere with attainment, maintenance, 
or RFP for the NAAQS, nor interfere with any other CAA requirement. The 
SIP revision also addresses CAA section 184(b)(2) comparability 
requirements. A detailed summary of EPA's review and rationale for 
proposing to approve these SIP revisions including analysis of CAA 
sections 110(l) and 184(b)(2) may be found in the Technical Support 
Document (TSD) prepared in support of this rulemaking action and is 
available on line at http://www.regulations.gov, Docket number EPA-R03-
OAR-2014-0422.

  Table 1--Stage II Emissions Reductions in the Virginia Areas-Wide VOC
                                Inventory
------------------------------------------------------------------------
                                                              Emissions
                                                              reductions
                            Year                              (tons per
                                                               day VOC)
------------------------------------------------------------------------
2008.......................................................         0.58
2009.......................................................         0.46
2010.......................................................         0.31
2011.......................................................         0.19
2012.......................................................         0.08
2013.......................................................        -0.01
2014.......................................................        -0.07
2015.......................................................        -0.13
2016.......................................................        -0.17
2017.......................................................        -0.20
2018.......................................................        -0.22
2020.......................................................        -0.24
------------------------------------------------------------------------

III. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the

[[Page 29962]]

violations. Virginia's Voluntary Environmental Assessment Privilege 
Law, Va. Code Sec. 10.1-1198, provides a privilege that protects from 
disclosure documents and information about the content of those 
documents that are the product of a voluntary environmental assessment. 
The Privilege Law does not extend to documents or information that: (1) 
Are generated or developed before the commencement of a voluntary 
environmental assessment; (2) are prepared independently of the 
assessment process; (3) demonstrate a clear, imminent and substantial 
danger to the public health or environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege Law, Va. Code Sec.  10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides 
that ``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
program consistent with the Federal requirements. In any event, because 
EPA has also determined that a state audit privilege and immunity law 
can affect only state enforcement and cannot have any impact on Federal 
enforcement authorities, EPA may at any time invoke its authority under 
the CAA, including, for example, sections 113, 167, 205, 211, or 213, 
to enforce the requirements or prohibitions of the state plan, 
independently of any state enforcement effort. In addition, citizen 
enforcement under section 304 of the CAA is likewise unaffected by 
this, or any, state audit privilege or immunity law.

IV. Final Action

    EPA is approving the revisions submitted by the Commonwealth of 
Virginia to remove Stage II from the attainment plans for the Northern 
Virginia Areas and maintenance plan for the Fredericksburg Area. EPA is 
approving these revisions because it was demonstrated that the removal 
of the Stage II requirement on January 1, 2014 will not cause any 
emissions increases that could interfere with the Virginia Areas' 
attainment or maintenance of the 1990 1-Hour and/or 1997 8-Hour Ozone 
NAAQS or any other applicable CAA requirement. EPA is also approving 
these revisions because they meet the requirements of the comparability 
clause in CAA section 184(b)(2). EPA is publishing this rule without 
prior proposal because EPA views this as a noncontroversial amendment 
and anticipates no adverse comment. However, in the ``Proposed Rules'' 
section of today's Federal Register, EPA is publishing a separate 
document that will serve as the proposal to approve the SIP revisions 
if adverse comments are filed. This rule will be effective on July 27, 
2015 without further notice unless EPA receives adverse comment by June 
25, 2015. If EPA receives adverse comment, EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. EPA will address all public comments in a 
subsequent final rule based on the proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA 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 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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 (Public Law 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).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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

[[Page 29963]]

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).

C. Petitions for Judicial Review

    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 July 27, 2015. 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. Parties with objections to this direct final rule are 
encouraged to file a comment in response to the parallel notice of 
proposed rulemaking for this action published in the proposed rules 
section of today's Federal Register, rather than file an immediate 
petition for judicial review of this direct final rule, so that EPA can 
withdraw this direct final rule and address the comment in the proposed 
rulemaking action.
    This action approving the removal of Stage II from the Virginia 
Areas' attainment and maintenance plans may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: May 7, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    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 VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (e) is amended by revising 
the entries for ``1-Hour Ozone Modeled Demonstration of Attainment and 
Attainment Plan,'' ``8-Hour Ozone Maintenance Plan for the 
Fredericksburg Area,'' and ``8-hour Ozone Modeled Demonstration of 
Attainment and Attainment Plan for the 1997 Ozone National Ambient Air 
Quality Standards'' to read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (e) * * *

                                                EPA-Approved Non-Regulatory and Quasi-Regulatory Material
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Applicable geographic        State
  Name of non-regulatory SIP revision              area            submittal date        EPA approval date                Additional explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
1-Hour Ozone Modeled Demonstration of    Washington 1-hour ozone          8/19/03  5/16/05, 70 FR 25688.........  2005 motor vehicle emissions budgets
 Attainment and Attainment Plan.          nonattainment area.             2/25/04                                  of 97.4 tons per day (tpy) for VOC
                                                                                                                   and 234.7 tpy of NOX.
                                                                          3/18/14  5/26/15 [Insert Federal        Removal of Stage II vapor recovery
                                                                                    Register Citation].            program. See section 52.2428.
 
                                                                      * * * * * * *
8-Hour Ozone Maintenance Plan for the    City of Fredericksburg,           5/4/05  12/23/05, 70 FR 76165.         ......................................
 Fredericksburg Area.                     Spotsylvania County,            9/26/11  12/20/12, 77 FR 75386........  Revised 2009 and 2015 motor vehicle
                                          and Stafford County.                                                     emission budgets for NOX.
                                                                          3/18/14  5/26/15 [Insert Federal        Removal of Stage II vapor recovery
                                                                                    Register Citation].            program. See section 52.2428.
 
                                                                      * * * * * * *
8-hour Ozone Modeled Demonstration of    Washington, DC-MD-VA             6/12/07  4/10/15, 80 FR 19206.........  2009 motor vehicle emissions budgets
 Attainment and Attainment Plan for the   1997 8-Hour Ozone                                                        of 66.5 tons per day (tpd) for VOC
 1997 Ozone National Ambient Air          Nonattainment Area.                                                      and 146.1 tpd of NOX.
 Quality Standards.
                                                                          3/18/14  5/26/15 [Insert Federal        Removal of Stage II vapor recovery
                                                                                    Register Citation].            program. See section 52.2428.
--------------------------------------------------------------------------------------------------------------------------------------------------------


0
3. Section 52.2428, is amended by adding paragraph (l) to read as 
follows:


Sec.  52.2428  Control Strategy: Carbon monoxide and ozone.

* * * * *
    (l) As of May 26, 2015, EPA approves the removal of the Stage II 
vapor recovery program from the attainment

[[Page 29964]]

plans for the Virginia portion of the Washington DC-MD-VA 1990 1-hour 
and 1997 8-hour Ozone NAAQS Nonattainment Areas and from the 
maintenance plan for the Fredericksburg 1997 8-Hour Ozone Maintenance 
Area.

[FR Doc. 2015-12351 Filed 5-22-15; 8:45 am]
 BILLING CODE 6560-50-P