Air Plan Approval; Tennessee; Revisions to Stage I and Stage II Vapor Recovery Requirements |
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Onis Glenn, III
National Highway Traffic Safety Administration
16 April 2018
[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 sheckler.kelly@epa.gov.
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