Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Stage II Gasoline Vapor Recovery Requirements for Gasoline Dispensing Facilities |
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Cecil Rodrigues
Environmental Protection Agency
10 May 2017
[Federal Register Volume 82, Number 89 (Wednesday, May 10, 2017)]
[Rules and Regulations]
[Pages 21697-21703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09387]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2016-0308; FRL-9961-86-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: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Virginia. The revision includes regulatory amendments that allow
gasoline dispensing facilities (GDFs) located in Northern Virginia,
Fredericksburg, and Richmond that are currently required to install and
operate vapor recovery equipment on gasoline dispensers (otherwise
referred to as Stage II vapor recovery, or simply as Stage II) to
decommission that equipment by January 2017. In prior rulemaking
actions, EPA already approved Virginia's demonstrations that
decommissioning Stage II is consistent with the Clean Air Act (CAA) and
EPA guidance. The intended effect of this action is to approve
Virginia's revised petroleum transfer and storage regulation to allow
for decommissioning of Stage II equipment.
DATES: This final rule is effective on June 9, 2017.
[[Page 21698]]
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2016-0308. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (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 through
http://www.regulations.gov, or please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Brian Rehn, (215) 814-2176, or by
email at rehn.brian@epa.gov.
SUPPLEMENTARY INFORMATION: On October 21, 2016, EPA published a notice
of direct final rulemaking (81 FR 72724) and an accompanying proposed
rulemaking (NPR) (81 FR 72757) for the Commonwealth of Virginia.
Therein, EPA proposed approval of Virginia's revised 9 VAC 5, Chapter
40, Rule 4-37 (Rule 4-37), Emission Standards for Petroleum Liquid
Storage and Transfer Operations. These regulations had been amended to
allow for the decommissioning of Stage II vapor recovery systems at
GDFs in areas of the Commonwealth subject to Stage II under Virginia's
SIP. The SIP revision was submitted by the Virginia Department of
Environmental Quality (VA DEQ) on October 15, 2015.
After receiving adverse comments during the public comment period
on its proposed action, EPA withdrew the October 21, 2016 direct final
rule in a notice published in the December 9, 2016 (81 FR 89007)
Federal Register. As indicated in the October 21, 2016 direct final
rule, EPA's separate proposed rule published at the same time serves as
the proposed rulemaking.
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 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
fueling. These gasoline vapors contain 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 currently has three SIP-approved Stage II
programs in the Richmond, Fredericksburg, and the Virginia portion of
the Washington, DC areas.
The Richmond Stage II program was instituted as a result of the
area being designated nonattainment under the 1-hour ozone National
Ambient Air Quality Standards (NAAQS) by the CAA of 1990. The Richmond
Stage II area (the Richmond Area) has since been redesignated as
attainment for both the 1-hour ozone NAAQS (November 17, 1997; 62 FR
61237) and for the 1997 8-hour ozone NAAQS (June 1, 2007; 72 FR 30485).
However, Virginia's SIP-approved maintenance plans for the 1-hour and
1997 8-hour ozone NAAQS relied upon emissions reductions from Stage II
as a means to ensure continued maintenance of the ozone NAAQS. Although
the 1-hour ozone NAAQS was revoked on 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. The Washington Area was later designated
moderate nonattainment under the 1997 8-hour ozone NAAQS, as was the
neighboring Fredericksburg ozone nonattainment area (referred to herein
as Fredericksburg Area). 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 EPA also 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. Stage II
continued to apply in the Washington, DC nonattainment area as an anti-
backsliding measure under the implementation rules for the 1997 and
2008 ozone NAAQS. The 2008 ozone implementation rule similarly required
that Stage II remain in the Fredericksburg Area as a maintenance
measure 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. 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 section 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 provides that EPA may, by rule,
waive the section 182(b)(3) Stage II requirements for 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 analyzed the
interference effect between certain Stage II systems and ORVR systems,
which can result in VOC emissions being greater where ORVR and certain
Stage II systems are simultaneously used than they would be
[[Page 21699]]
if only Stage II or ORVR were used. From these analyses, 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 evaluated the emissions impacts to each of the
affected Virginia Stage II areas associated with removal of the
program. Those SIP revisions amended 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 would 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 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. 79 FR 46711. None of these approvals were
challenged in court by any objecting party.
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
which removed Stage II vapor recovery requirements from Virginia law
governing petroleum liquid storage and transfer operations. The purpose
of this SIP revision is to remove Stage II vapor recovery requirements
from the Commonwealth's SIP. 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 were no longer required to employ Stage II vapor
recovery systems as of January 2017. Facilities electing to
decommission Stage II are now required under Rule 4-37 to meet
established decommissioning procedures, and facilities electing to
continue to operate Stage II are required to continue to operate
properly and maintain their Stage II systems.
As described in the Background section of this action, EPA 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. VA DEQ examined whether Stage II is necessary as an
ozone control measure and determined this program is no longer
beneficial to air quality in the Commonwealth, given the widespread use
of ORVR equipment in new vehicles manufactured since 1998 and the
inherent redundancies between Stage II vapor recovery equipment and
vehicle-based ORVR systems, and in light of the incompatibilities
between some 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
ORVR widespread use 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 any NAAQS, or with any other applicable
requirement of the CAA, 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
46711.
III. Response to Comments
EPA received several anonymous comments on the October 21, 2016
proposed rulemaking. These comments are summarized below with EPA's
response.
Comment: The commenter states that Virginia should retain Stage II
requirements, as they will keep Virginia's standards for good air
quality at its highest when there is a legal requirement that must be
followed.
Response: EPA disagrees with the commenter's assertion that
retaining Stage II as a regulatory requirement will maintain air
quality in the regulated Virginia areas in question. Virginia
demonstrated in two prior EPA-approved SIP revisions (80 FR 29959 (May
26, 2015) and 79 FR 46711 (August 11, 2014)) that retaining Stage II in
the presence of widespread use of ORVR equipment not only does not
further reduce refueling emissions--it actually increases emissions due
to an incompatibility between certain Stage II equipment and ORVR.
Removal of Virginia Stage II regulatory requirements will not interfere
with any of the Virginia areas' ability to achieve or maintain any
NAAQS. Virginia's Stage II removal demonstration SIP revisions which
EPA approved clearly showed removal of Stage II requirements would not
interfere with any applicable CAA requirement concerning reasonable
further progress or attainment of a NAAQS or any other CAA requirement,
per section 110(l) of the CAA. Virginia's SIP-approved demonstrations
show that ORVR systems alone will achieve emission reductions
equivalent to Stage II and ORVR combined in all three Virginia areas
which were subject to Stage II. Virginia's noninterference
demonstrations were performed in accordance with EPA's final rule
determining that ORVR is now in ``widespread use'' in the national
motor vehicle fleet (May 16, 2012 (77 FR 28770)) and with EPA's
``Guidance on Removing Stage II Vapor Control
[[Page 21700]]
Programs from State Implementation Plans and Assessing Comparable
Measures'' (EPA-457/B-12-001, August 7, 2012), hereafter referred to as
EPA's Stage II Removal Guidance. A copy of this guidance has been
placed in the public docket for this action.
Virginia's March 18, 2014 SIP revision demonstrated that removal of
Stage II in the Washington and Fredericksburg Areas would not increase
emissions under the approved ozone attainment plan for the Northern
Virginia portion of the Washington, DC nonattainment area or the
approved ozone maintenance plan for the Fredericksburg Area, and would
not interfere with these areas' ability to attain and maintain the
ozone or any other NAAQS. EPA approved Virginia's March 18, 2014 SIP
revision on May 26, 2015 (80 FR 29959).
Virginia's November 12, 2013 SIP revision amended the approved
maintenance plan SIP for the Richmond Area to demonstrate that removal
of the Stage II program would not interfere with this area's ability to
attain the ozone NAAQS. EPA approved Virginia's November 12, 2013 SIP
revision on August 11, 2014 (79 FR 46711).
These prior, approved Stage II removal demonstration SIPs show that
a vast majority of Virginia vehicles being refueled at GDFs are now
equipped with vehicle-based ORVR systems, and that these ORVR systems
will better control the VOC refueling emissions previously captured by
station-based Stage II equipment, making Stage II no longer necessary.
Given known incompatibilities between certain types of Stage II
equipment used in Virginia and ORVR systems, removal of Stage II
regulatory requirements and the resultant decommissioning of Stage II
systems has been demonstrated by Virginia (in its November 2013 and
March 2014 SIP revisions) to not interfere with air quality in the
applicable areas of the Commonwealth. The science and rationale behind
allowing Virginia to remove Stage II equipment from these areas was
fully discussed in the SIP noninterference demonstrations approved by
EPA on August 11, 2014 and May 26, 2015. This action relies upon those
demonstrations and serves only to remove the Stage II requirements,
which Virginia has already removed from its own regulations, from the
SIP.
Therefore, the commenter's assertion that keeping Stage II as a
requirement along with ORVR would better maintain air quality than ORVR
alone is contrary to the prior air quality demonstration SIPs submitted
by Virginia (and approved by EPA), which demonstrate that air quality
in affected areas of Virginia is not adversely impacted by removal of
the Stage II requirement.
Comment: The commenter generally supports EPA's action to approve
Virginia's regulatory amendments to remove Stage II, as use of ORVR and
Stage II is ``terribly inefficient.'' However, the commenter argues
that the term ``widespread use'' in reference to ORVR is vague. The
commenter wants EPA to ensure that policies that require ORVR be
mandatory be implemented in place of Stage II. The commenter asserts
that ORVR is better than Stage II as a means of recovering refueling
emissions, but having neither in place would be worse than having them
both--even if they are incompatible.
Response: Preliminarily, EPA disagrees with the commenter's
assertion that ORVR is not required or that policies requiring ORVR are
not in place. EPA promulgated ORVR standards on April 6, 1994 at 59 FR
16262, codified at 40 CFR parts 86 (including 86.098-8), 88, and 600.
Beginning model year 1998, ORVR was phased-in as a required system on
new passenger vehicles, and has been required on nearly all new highway
vehicles manufactured since model year 2006. Consequently, ORVR is used
in such vehicles and controls VOC emissions throughout the United
States, no matter how any areas are designated and classified with
respect to the ozone NAAQS.
Under CAA section 182 (b)(3), Stage II is required to be used at
GDFs located in areas classified as serious or worse ozone
nonattainment areas, and consequently controls VOC emissions only in
such areas and in areas covered by a ``comparable measures'' SIP under
section 184. Originally, CAA section 182(b)(3) also required Stage II
in moderate ozone nonattainment areas; however, section 202(a)(6)
directed that the moderate area requirement no longer applied after EPA
promulgated ORVR standards in 1994. EPA issued a final rule on May 16,
2012 (77 FR 28770) determining that ORVR was then in ``widespread use''
in the national motor vehicle fleet, under authority of section
202(a)(6). As a result, EPA waived Stage II requirements under section
182 for ozone nonattainment areas classified as serious or above.
States previously required to implement Stage II under section
182(b)(3) could take action to remove their Stage II program
requirements via revisions to their SIPs.
EPA disagrees with the commenter's assertion that ``widespread
use'' is vaguely defined and that EPA does not have clearly defined
policies that require ORVR in place of Stage II. EPA's May 2012
``widespread use'' determination rule, which no one timely challenged
and cannot be challenged now, clearly defined what constitutes
widespread use of ORVR, and sets forth how EPA's widespread use
determination relates to states with Stage II programs in their SIPs.
Subsequent to issuance of the ``widespread use'' determination action,
EPA issued its Stage II removal guidance document, for use by states in
developing SIP revisions to remove Stage II while demonstrating that
interference with attainment or maintenance of a NAAQS will not occur.
Virginia's prior, EPA-approved, Stage II removal demonstration SIP
revisions show not only that removal of Stage II will not jeopardize
air quality goals for affected Washington, Fredericksburg, and Richmond
Areas, but also that ORVR alone will achieve greater emission
reductions than ORVR in combination with Stage II in those Virginia
Stage II program areas.
Finally, because EPA has stated that ORVR is required, EPA
disagrees with the implication from the commenter that our approval of
the removal of Stage II from the Virginia SIP would leave no vapor
recovery system in place. ORVR provides for vapor recovery.
IV. Final Action
In accordance with section 110 of the CAA, EPA is approving
Virginia's revision to its SIP to amend its Stage II vapor recovery
regulatory 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 to allow GDFs currently
operating Stage II equipment the option to decommission those systems.
Specifically, EPA is approving and incorporating by reference the
Virginia SIP revision that amended the Commonwealth's Rule 4-37
governing petroleum liquid and transfer operations applicable to
existing stationary sources, which includes modified requirements for
the Commonwealth's Stage II vapor recovery program in 9-VAC5-5220 and
9VAC5-5270, effective July 20, 2015.
EPA is approving this SIP revision because Virginia has previously
demonstrated through its two prior approved Stage II SIP
noninterference demonstrations that removal of the Stage II program
regulatory requirement will not result in an increase in emissions that
could interfere with Virginia's attainment or maintenance of the ozone
NAAQS or any other applicable CAA requirement.
[[Page 21701]]
V. 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.''
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
revised Stage II program regulations consistent with the relevant
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.
VI. 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 and also 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, EPA is approving Virginia's amended Rule 4-37
governing petroleum liquid and transfer operations applicable to
existing stationary sources, specifically 9-VAC5-5220 and 9VAC5-5270,
effective July 20, 2015.
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 by the Director of the Federal
Register in the next update to the SIP compilation.\1\ EPA has made,
and will continue to make, these materials generally available through
http://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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VII. 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
[[Page 21702]]
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 July 10, 2017. 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 to amend Virginia's Stage II regulatory provisions
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: April 14, 2017.
Cecil Rodrigues,
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:
0
a. The table in paragraph (c) is amended by revising the entry for
Section 5-40-5220 and by adding an entry for Section 5-40-5270; and
0
b. The table in paragraph (e) is amended by revising the entry for
``Documents Incorporated by Reference (9 VAC 5-20-21, Section B.)'' and
by adding an entry for ``Documents Incorporated by Reference (9 VAC 5-
20-21, Section E.15.).''
The revisions and additions read as follows:
Sec. 52.2420 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation [former
date SIP citation]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
9 VAC 5, Chapter 40 Existing Stationary Sources
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
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 05/10/2017 [Insert .....................
Organic Compounds. Federal Register
Citation].
* * * * * * *
5-40-5270.................. Standard for Toxic 07/30/2015 05/10/2017 [Insert .....................
Pollutants. Federal Register
Citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
[[Page 21703]]
----------------------------------------------------------------------------------------------------------------
State
Name of non-regulatory SIP Applicable geographic submittal EPA approval date Additional
revision area date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Documents Incorporated by Northern Virginia 10/1/2015 05/10/2017 [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.
* * * * * * *
Documents Incorporated by Northern Virginia 10/1/2015 05/10/2017 [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. 2017-09387 Filed 5-9-17; 8:45 am]
BILLING CODE 6560-50-P