[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Rules and Regulations]
[Pages 72724-72729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25301]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2016-0308; FRL-9954-18-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for 
Gasoline Dispensing Facilities

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Commonwealth of Virginia's 
state implementation plan (SIP). The revision serves to remove 
requirements for vapor recovery equipment (also referred to as Stage II 
vapor recovery, or simply as Stage II) from subject gasoline stations 
in areas of Virginia that were formerly required to install and operate 
Stage II under the prior approved SIP. In 2012, EPA determined that 
new, gasoline-powered vehicles equipped with onboard vapor recovery 
systems (beginning with those manufactured in model year 1998) were in 
widespread use and have, in great part, supplanted emission reductions 
formerly controlled via Stage II vapor recovery on gasoline dispensers 
at service stations. In two prior rulemakings, EPA has already approved 
Virginia's demonstrations showing that the emission benefits generated 
by Stage II vapor recovery have been fully offset, without impacting 
the affected Virginia areas' ability to attain and maintain any 
national ambient air quality standard (NAAQS). Virginia amended its 
existing rules to remove Stage II as a required measure by January 2017 
and added decommissioning procedures for stations electing to opt out 
of the program. EPA is approving this SIP revision to amend the 
Virginia Stage II vapor recovery program in accordance with the 
requirements of the Clean Air Act (CAA).

DATES: This rule is effective on December 20, 2016 without further 
notice, unless EPA receives adverse written comment by November 21, 
2016. 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 No. EPA-R03-
OAR-2016-0308 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the Web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Stage II vapor recovery is a means of capturing volatile organic 
compounds (VOCs) emitted as vapors displaced from a vehicle's gas tank 
during refueling operations, via vapor controls equipped on a gasoline 
pump at a gasoline dispensing facility (GDF). Stage II vapor recovery 
uses special refueling nozzles and coaxial hoses on the gasoline 
dispenser to capture these vapors that might otherwise be emitted to 
the atmosphere during vehicle

[[Page 72725]]

fueling. These gasoline vapors contain toxic air emissions and serve as 
precursors to the formation of ground-level ozone--an ambient air 
pollutant regulated under the CAA. Under section 182(b)(3) of the CAA, 
areas classified as moderate or worse ozone nonattainment were required 
to adopt a Stage II vapor recovery program. Areas in the Ozone 
Transport Region (OTR) were required under section 184(a) and (b)(2) to 
adopt Stage II, or a comparable measure that could achieve similar 
emission reductions.
    Virginia has three areas that have approved Stage II SIPs meeting 
Stage II requirements under the 1990 amendments to the CAA. The 
Richmond area was designated as moderate nonattainment under the 1-hour 
ozone NAAQS, and again under the 1997 8-hour ozone NAAQS. On July 26, 
1996, Virginia submitted a request to redesignate the Richmond area to 
attainment of the 1-hour ozone NAAQS. EPA's approval of this request 
was published in the November 17, 1997 Federal Register (62 FR 61237). 
On September 26, 2006, Virginia requested redesignation of the Richmond 
area to attainment for the 1997 8-hour ozone NAAQS. EPA approved that 
redesignation request in the June 1, 2007 Federal Register (72 FR 
30485). However, Virginia's plans for maintenance of the respective 
NAAQS relied upon the emissions reductions from Stage II as a means to 
ensure continued maintenance of the ozone NAAQS. Although the 1-hour 
ozone NAAQS was revoked June 15, 2005, EPA's implementation rule for 
the 1997 ozone NAAQS retained Stage II as a required measure to prevent 
backsliding under the NAAQS.
    The Virginia portion of the Washington, DC-MD-VA ozone 
nonattainment area (hereafter referred to as the Washington area) was 
subject to Stage II not only because of its designation as 
nonattainment for the ozone NAAQS, but also because this area lies in a 
CAA-established OTR. The area was designated serious nonattainment 
under the 1-hour ozone NAAQS. Under the 1997 8-hour ozone NAAQS, both 
the Northern Virginia area and the neighboring Fredericksburg area were 
designated as moderate nonattainment. On November 13, 2002, EPA 
reclassified the Virginia portion of the Washington, DC-MD-VA area as 
severe nonattainment under the 1-hour ozone NAAQS. 67 FR 68805. 
Virginia subsequently submitted and EPA approved attainment plans for 
the 1-hour and 1997 8-hour NAAQS for the Washington area, and approved 
a redesignation and maintenance plan for the Fredericksburg area. 
Although the 1-hour ozone NAAQS was revoked effective June 2005, EPA's 
implementation rule for the 1997 ozone NAAQS retained Stage II-related 
requirements under CAA section 182(b)(3) for certain areas. Therefore, 
Stage II continued to apply in the Washington, DC nonattainment area as 
an anti-backsliding measure (for the revoked 1-hour ozone NAAQS) and in 
the Fredericksburg area as a maintenance measure (under the 1997 ozone 
NAAQS) pending EPA determination that onboard refueling vapor recovery 
(ORVR) was in widespread use and Virginia could demonstrate that Stage 
II was no longer a necessary component of its air quality plans.
    Virginia adopted Stage II regulations in the November 2, 1992 
edition of the Virginia Register of Regulations (Vol. 9, Issue 3) 
effective January 1, 1993. Stage II applicability was limited to the to 
the Northern Virginia volatile organic compound (VOC) Emission Control 
Area (comprised of Arlington, Alexandria, Fairfax, Loudon, Prince 
William and Stafford Counties, plus the cities of Alexandria, Fairfax, 
Falls Church, Manassas, and Stafford) and to the Richmond VOC Emission 
Control Area (comprised of the Counties of Charles City, Chesterfield, 
Hanover, and Henrico, plus the cities of Colonial Heights, Hopewell, 
and Richmond). Virginia submitted its Stage II regulation to EPA as a 
SIP revision on November 5, 1992. EPA approved Virginia's Stage II SIP 
revision on June 23, 1993 (59 FR 32353).
    ORVR is an emissions control system equipped on new, gasoline-
powered vehicles (beginning with model year 1998 vehicles) for the 
purpose of capturing refueling gasoline vapors before they escape the 
vehicle gas tank and to store them in an underhood canister for later 
engine combustion. Section 202(a)(6) of the CAA directed that Stage II 
requirements under 182(b)(3) would no longer apply to moderate ozone 
nonattainment areas upon promulgation of standards for ORVR systems as 
part of the emission control system on newly manufactured vehicles. 
Section 202(a)(6) further directs that Stage II requirements no longer 
apply to ozone nonattainment areas designated serious or worse upon 
EPA's determination that ORVR technology is in ``widespread use.'' EPA 
issued its widespread use determination on May 16, 2012 (77 FR 28772), 
indicating that ORVR was in widespread use throughout the U.S. vehicle 
fleet, and that at that time ORVR vehicles were essentially equal to 
and would soon surpass the emissions reductions achieved by Stage II 
alone.
    Virginia has examined whether Stage II vapor recovery continues to 
be necessary for ozone control purposes, given the prevalence of ORVR-
equipped gasoline-powered vehicles and the redundancy between ORVR and 
Stage II systems in reducing gasoline tank displacement emissions 
associated with refueling. Additionally, Virginia has analyzed the 
interference effect between certain Stage II systems and ORVR systems. 
As a result, Virginia determined that Stage II vapor recovery is no 
longer necessary as a control measure to address ambient ozone in the 
Washington, Fredericksburg, and Richmond areas.
    On November 12, 2013 and March 18, 2014, Virginia submitted SIP 
revisions to EPA that evaluate and address the emissions impacts to 
each of those affected areas associated with removal of the Stage II 
program. These plans serve to amend the ozone maintenance plan for the 
Richmond area and the attainment plan for the Washington area to 
demonstrate that removal of the Stage II programs will not interfere 
with those areas' ability to attain and maintain any NAAQS. On May 26, 
2015 (80 FR 29959), EPA approved the Commonwealth's March 18, 2014 SIP 
revision amending the approved ozone attainment plan for the Virginia 
portion of Washington nonattainment area and the approved ozone 
maintenance plan for the Fredericksburg area to remove the Stage II 
program. On August 11, 2014, EPA approved Virginia's November 12, 2013 
SIP revision amending the approved ozone maintenance plan SIP for the 
Richmond area to remove the Stage II program.

II. Summary of SIP Revision and EPA Analysis

    On October 15, 2015, the Commonwealth of Virginia submitted a 
formal revision to remove the requirements for Stage II vapor recovery 
controls in Virginia ozone nonattainment areas from the approved 
Virginia SIP (Revision C14). This October 2015 SIP revision contains 
the amended Stage II vapor recovery regulatory provisions of Virginia 
Rule 4-37, entitled ``Emission Standards for Volatile Organic Compounds 
from Petroleum Liquid Storage and Transfer Operations.'' The October 
2015 SIP revision includes Virginia's regulatory amendments listed at 
9VAC5-20 and 9VAC5-40 that were adopted by Virginia in June of 2014, 
and published in the Virginia Register of Regulations on June 15, 2015. 
The purpose of the Commonwealth's 2015 SIP revision

[[Page 72726]]

submittal is to remove Stage II vapor recovery requirements applicable 
in covered areas in Virginia from the Commonwealth's rule provisions 
governing petroleum liquid storage and transfer operations. Under 
Virginia's amended Rule 4-37, gasoline stations in the Washington and 
Fredericksburg areas were no longer required to employ Stage II systems 
as of January 2014, and Richmond area stations will no longer be 
required to employ Stage II vapor recovery systems as of January 2017. 
Virginia's amendment to Rule 4-37 also requires facilities electing to 
decommission Stage II to meet established decommissioning procedures 
and those electing to continue to operate Stage II to continue to 
properly operate and maintain their Stage II systems.
    As described in the Background section of this action, EPA has 
already approved Virginia's SIP revisions submitted on November 12, 
2013 and March 18, 2014 demonstrating that removal of Stage II as a 
control measure from the SIP will not interfere with the Washington, 
Fredericksburg, and Richmond areas' ability to attain and maintain any 
applicable NAAQS.
    Virginia's Department of Environmental Quality (VA DEQ) examined 
whether Stage II vapor recovery is necessary for ozone control 
purposes, and determined this program is no longer beneficial to air 
quality of the Commonwealth, given EPA's widespread use determination 
for ORVR equipment in new vehicles manufactured since 1998 and the 
inherent redundancies between Stage II vapor recovery equipment and 
vehicle-based ORVR systems, as well as the known incompatibilities 
between certain types of Stage II vapor recovery equipment and vehicle-
based, ORVR systems.
    EPA has evaluated the regulatory amendments adopted by Virginia to 
its Rule 4-37 to rescind Stage II vapor recovery requirements for new 
and existing stations, to adopt decommissioning procedures and 
requirements for GDFs electing to no longer operate existing Stage II 
systems, and to require the continued operation and maintenance of 
Stage II equipment for stations that elect to continue participation in 
the program. Virginia's regulatory changes meet EPA guidance and the 
related requirements of sections 182 and 202 of the CAA with respect to 
the applicability of Stage II requirements after EPA's issuance of its 
widespread use policy of ORVR determination in 2012, as described in 
the Background section of this document. Virginia has properly analyzed 
the impact of removal of the Stage II program in adherence with EPA's 
``Guidance on Removing Stage II Gasoline Vapor Control Programs from 
State Implementation Plans and Assessing Comparable Measures,'' dated 
August 7, 2012 (EPA-457/B-12-001), including applicability of Stage II 
or comparable measures in the OTR, per section 184 of the CAA. As 
previously found by EPA, Virginia has demonstrated that removal of the 
Stage II requirement does not interfere with any affected area's 
ability to attain or maintain a NAAQS, under section 110(l) of the CAA.
    For further information on Virginia's analysis of the impacts of 
removal of the Stage II programs in the Washington and Fredericksburg 
areas, please refer to EPA's May 26, 2015 approval of the SIP 
demonstration applicable to those areas. See 80 FR 29959. For further 
information with respect to Virginia's analysis of the removal of Stage 
II in the Richmond area, please refer to EPA's August 11, 2014 approval 
of the Commonwealth's demonstration applicable to Richmond. See 79 FR 
4671.

III. Final Action

    EPA is approving Virginia's revision to its SIP to include revised 
Stage II vapor recovery provisions to remove the requirement for 
Virginia area GDFs to operate Stage II in areas formerly subject to 
Stage II under CAA sections 182 and 184, and to add provisions setting 
requirements for GDFs opting to decommission existing Stage II systems. 
As described previously, EPA previously approved two earlier, related 
Virginia SIP revisions demonstrating that Virginia's Stage II-affected 
areas (i.e., the Virginia portion of Washington, DC, Fredericksburg, 
and Richmond ozone nonattainment areas) will not be adversely affected 
by the removal of the Stage II vapor recovery requirement. 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 revision if adverse comments are filed. 
This rule will be effective on December 20, 2016 without further notice 
unless EPA receives adverse comment by November 21, 2016. 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.

IV. 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 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.''

[[Page 72727]]

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.

V. 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 Virginia's 
amendments to Article 37 of 9VAC5-40, relating also to amendments to 
Virginia's general provisions at 9VAC5-20-21, reflecting the addition 
of a new source of documents incorporated by reference, effective on 
July 20, 2015. Additionally, Virginia amended its Rule 4-37 governing 
petroleum liquid and transfer operations applicable to existing 
stationary sources. Specifically, Virginia modified requirements for 
the Commonwealth's Stage II vapor recovery program in 9-VAC5-5220 and 
9VAC5-5270, effective July 20, 2015. 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 by the Director 
of the Federal Register in the next update of the SIP compilation.\1\ 
EPA has made, and will continue to make, these materials generally 
available through www.regulations.gov and/or at the EPA Region III 
Office (please contact the person identified in the ``For Further 
Information Contact'' section of this preamble for more information).
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    \1\ 62 FR 27968 (May 22, 1997).
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VI. 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as 
defined in 18 U.S.C. 1151 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).

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 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 December 20, 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. 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 to amend Virginia's approved Stage II

[[Page 72728]]

vapor recovery SIP to amend the Commonwealth's requirements for the 
Stage II vapor recovery program 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, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: September 29, 2016.
Shawn M. Garvin,
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. Amend Sec.  52.2420:
0
 a. In the table in paragraph (c) by revising the entry ``5-40-5220'' 
and adding in numerical order an entry for ``5-40-5270'': and
0
b. In the table in paragraph (e) by revising an entry ``Documents 
Incorporated by Reference (9 VAC 5-20-21, Section B.)'' and adding 
``Documents Incorporated by Reference (9 VAC 5-20-21, Section E.15.)'' 
at the end of the table.
    The revised and added text reads as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
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                                                                                                  Explanation
         State citation               Title/Subject            State       EPA Approval date      [former SIP
                                                          effective date                           citation]
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            9 VAC 5, Chapter 40 Existing Stationary Sources[Part IV]
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                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           Part II Emissions Standards
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
         Article 37 Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-5220......................  Standard for Volatile        07/30/2015  10/21/2016 [Insert  ..................
                                  Organic Compounds.                       Federal Register
                                                                           Citation].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
5-40-5270......................  Standard for Toxic           07/30/2015  10/21/2016 [Insert  ..................
                                  Pollutants.                              Federal Register
                                                                           Citation].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    (e) * * *

 
----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP     Applicable geographic        State                              Additional
            revision                       area           submittal date   EPA Approval date      explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Documents Incorporated by        Northern Virginia             10/1/2015  10/21/2016 [Insert  State effective
 Reference (9 VAC 5-20-21,        (Metropolitan                            Federal Register    date is 7/30/15.
 Section B.).                     Washington) Ozone                        Citation].
                                  Nonattainment Area,
                                  Fredericksburg Ozone
                                  Maintenance Area,
                                  Richmond-Petersburg
                                  Ozone Maintenance Area.
----------------------------------------------------------------------------------------------------------------
 

[[Page 72729]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Documents Incorporated by        Northern Virginia             10/1/2015  10/21/2016 [Insert  State effective
 Reference (9 VAC 5-20-21,        (Metropolitan                            Federal Register    date is 7/30/15.
 Section E.15.).                  Washington) Ozone                        Citation].
                                  Nonattainment Area,
                                  Fredericksburg Ozone
                                  Maintenance Area,
                                  Richmond-Petersburg
                                  Ozone Maintenance Area.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-25301 Filed 10-20-16; 8:45 am]
 BILLING CODE 6560-50-P