[Federal Register Volume 81, Number 182 (Tuesday, September 20, 2016)]
[Rules and Regulations]
[Pages 64354-64355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22368]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0011; FRL-9952-50-Region 4]


Air Plan Approval; Tennessee; Revision and Removal of Stage I and 
II Gasoline Vapor Recovery Program

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revision to the State Implementation Plan (SIP) submitted by the State 
of Tennessee through the Tennessee Department of Environment and 
Conservation (TDEC), for parallel processing on February 8, 2016, and 
in final form on July 15, 2016. This SIP revision seeks to lower 
applicability thresholds for certain sources subject to Federal Stage I 
requirements, remove the Stage II vapor control requirements, and add 
requirements for decommissioning gasoline dispensing facilities, as 
well as requirements for new and upgraded gasoline dispensing 
facilities in the Nashville, Tennessee Area. EPA has determined that 
Tennessee's July 15, 2016, SIP revision is approvable because it is 
consistent with the Clean Air Act (CAA or Act).

DATES: This rule will be effective October 20, 2016.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R04-OAR-2016-0011. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., Confidential 
Business Information or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the Internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through www.regulations.gov or in hard 
copy at the Air Regulatory Management Section, Air Planning and 
Implementation Branch, Air, Pesticides and Toxics Management Division, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., 
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section to schedule your inspection. The Regional Office's official 
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, 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. Ms. Sheckler's phone number is (404) 562-9222. She can also 
be reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On July 15, 2016, Tennessee submitted a SIP revision to EPA seeking 
modifications of the Stage II and Stage I requirements in the State. 
First, in relation to Stage II, TDEC seeks the removal of the Stage II 
vapor recovery requirements from TAPCR 1200-3-18-.24 through the 
addition of requirements for decommissioning, and the phase out of the 
Stage II vapor recovery systems over a 3-year period from January 1, 
2016, to January 1, 2019, in Davidson, Rutherford, Sumner, Williamson 
and Wilson Counties. Second, TDEC seeks to amend the Stage I 
requirements for gasoline dispensing facilities by adopting by 
reference the federal requirements of 40 CFR part 63, subpart CCCCCC 
and removing most of the State-specific language for Stage I vapor 
recovery. EPA published a proposed rulemaking through parallel 
processing on June 1, 2016 (81 FR 34940), to approve TDEC's February 8, 
2016, draft SIP revision. The details of Tennessee's submittal and the 
rationale for EPA's action are explained in the proposed rule. The 
comment period for this proposed rulemaking closed on July 1, 2016. EPA 
did not receive any comments, adverse or otherwise, related to this 
rulemaking during the public comment period.\1\ EPA noted in its June 
1, 2016, proposed rulemaking that the Agency would take final action 
based on that proposed rulemaking only if no substantive changes were 
made to Tennessee's submission when it was provided to EPA in final 
form. On July 15, 2016, Tennessee provided its final SIP revision for 
the aforementioned changes and no substantive changes had been made 
between the submission for which EPA proposed approval and the 
submission that TDEC provided in final form on July 15, 2016.
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    \1\ EPA received a comment unrelated to the subject of this 
rulemaking. See the docket for today's rulemaking for this comment 
in its entirety.
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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 TAPCR 1200-3-18-.24, entitled ``Gasoline Dispensing 
Facilities,'' effective July 14, 2016. Therefore, these materials have 
been approved by EPA for inclusion in the State Implementation Plan, 
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 by the Director of the Federal Register in 
the next update to the SIP compilation.\2\ The EPA has made, and will 
continue to make, these materials generally available through 
www.regulations.gov and/or at the EPA Region 4 Office (please contact 
the person identified in the For Further Information Contact section of 
this preamble for more information).
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    \2\ See 62 FR 27968 (May 22, 1997).
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III. Final Action

    EPA is taking final action to approve Tennessee's July 15, 2016, 
SIP revision that changes Tennessee Gasoline Dispensing Facilities, 
Stage I and II Vapor Recovery, TAPCR rule 1200-03-18-.24. to: (1) Allow 
for the removal of the Stage II requirement and the orderly 
decommissioning of Stage II equipment; and (2) incorporate by reference 
Federal rule 40 CFR part 63, subpart CCCCCC, and remove certain non-
state-specific requirements for the Stage I. EPA has determined that 
Tennessee's July 15, 2016, SIP revision related to the State's Stage I 
and II rules is consistent with the CAA and EPA's regulations and 
guidance.

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. 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:

[[Page 64355]]

     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) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the SIP is not approved to apply on any Indian reservation 
land or in any other area where EPA or an Indian tribe has demonstrated 
that a tribe has jurisdiction. In those areas of Indian country, the 
rule does not have tribal implications as specified by Executive Order 
13175 (65 FR 67249, November 9, 2000), nor will it impose substantial 
direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 21, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: September 7, 2016.
V. Anne Heard,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart (RR)--Tennessee

0
2. Section 52.2220(c), is amended under CHAPTER 1200-3-18 VOLATILE 
ORGANIC COMPOUNDS by revising the entry for ``Section 1200-3-18-.24'' 
to read as follows:


Sec.  52.2220   Identification of plan.

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    (c) * * *

                                       EPA Approved Tennessee Regulations
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                                                        State
        State citation            Title/subject    effective date     EPA approval date         Explanation
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                                  CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS
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                                                  * * * * * * *
Section 1200-3-18-.24.........  Gasoline                  7/14/16  9/20/16 [Insert
                                 Dispensing                         citation of
                                 Facilities.                        publication].
 
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[FR Doc. 2016-22368 Filed 9-19-16; 8:45 am]
 BILLING CODE 6560-50-P