[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Proposed Rules]
[Pages 16279-16280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07748]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0740; FRL-9976-81-Region 4]


Air Plan Approval; Tennessee; Revisions to Stage I and Stage II 
Vapor Recovery Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve 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 preliminarily 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: Comments must be received on or before May 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2017-0740 at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. 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, 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: 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. The telephone number is (404) 562-9222. Ms. Sheckler 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 
to modify SIP requirements related to Stage II and Stage I vapor 
recovery systems. In relation to Stage II, TDEC sought the removal of 
the Stage II vapor recovery requirements from Tennessee Air Pollution 
Control Regulation TAPCR 1200-3-18-.24 through two mechanisms: (1) The 
addition of requirements for decommissioning; and (2) 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. TDEC also sought 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 from the SIP the state-specific language for Stage I vapor 
recovery.
    On September 20, 2016 (81 FR 64354), EPA approved in a final 
action, Tennessee's July 15, 2016, SIP revision that changed Tennessee 
Gasoline Dispensing Facilities, Stage I and II Vapor Recovery, 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.

II. Analysis of the State's Submittal

    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.
    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,

[[Page 16280]]

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 EPA's regulations.

III. Incorporation by Reference

    In this rule, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference the 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).

IV. Proposed Action

    EPA is proposing to approve Tennessee's November 11, 2017, SIP 
revision consisting of minor revisions to the gasoline dispensing 
regulations to add clarifying language, effective and compliance dates 
and to specify counties subject to reporting requirements under the 
cross-referenced rule. The revision changes TDEC Regulation 1200-03-
18-.24, Gasoline Dispensing Facilities-Stage I and II Vapor Recovery, 
to provide greater clarity as to the application of the rule and the 
start and finish dates, as well as specifying which counties are 
subject to reporting requirements. EPA is proposing this approval 
because the Agency has made the preliminary determination that the 
revision is consistent with the CAA and with EPA's regulations.

V. 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 
proposes to approve state law as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by state law. 
For that reason, this proposed 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

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

    Dated: April 2, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-07748 Filed 4-13-18; 8:45 am]
 BILLING CODE 6560-50-P