Air Plan Approval; Tennessee; Revisions to Stage I and II Vapor Recovery Requirements |
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Onis Glenn, III
Environmental Protection Agency
17 July 2018
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33132-33134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15148]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0740; FRL-9980-81--Region 4]
Air Plan Approval; Tennessee; Revisions to Stage I and II Vapor
Recovery Requirements
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 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 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: This rule is effective August 16, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0740. All documents in the docket
are listed on the www.regulations.gov website. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Kelly Sheckler, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, Region 4, U.S. Environmental
Protection Agency, 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.govsheckler.kelly@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
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.
[[Page 33133]]
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,
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 federal regulations.
In this action, EPA is approving TDEC's request to revise the Stage
II requirements in the State of Tennessee. EPA published a proposed
rulemaking on April 12, 2018 (83 FR 16279), to approve this revision.
The details of Tennessee's submittal and the rationale for EPA's action
are explained in the proposed rulemaking. The comment period for this
proposed rulemaking closed on May 16, 2018. While EPA received six
unrelated comments, EPA did not receive any adverse comments for the
proposed approval during the public comment period.
II. Incorporation by Reference
In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of TDEC
Regulation 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). 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 in the next update to the SIP compilation.\1\
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\1\ 62 FR 27968 (May 22, 1997).
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III. Final Action
EPA is taking final action to approve the November 11, 2017,
revision to the Tennessee SIP, concerning Regulation 1200-03-18-24,
Stage I and II Vapor Recovery Requirements, submitted by the TDEC. This
action makes minor changes to clarify the Regulation's meaning and
applicability. EPA has determined that Tennessee's November 11, 2017,
SIP revision related to the Stage I and II Vapor Recovery Requirements
is consistent with the CAA and EPA's regulations and guidance related
to removal of Stage II requirements from the SIP and that these changes
will not interfere with any applicable requirement concerning
attainment or any other applicable requirement of the CAA, and
therefore satisfy section 110(l).
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. 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);
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.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 17, 2018. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
[[Page 33134]]
requirements, Sulfur oxides, Volatile organic compounds.
Dated: July 2, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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1. The authority citation for part 52 continues to read as follows:
Authority: 42.U.S.C. 7401 et seq.
Subpart RR--Tennessee
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2. Section 52.2220, is amended under CHAPTER 1200-3-18 VOLATILE ORGANIC
COMPOUNDS by revising the entry for ``Section 1200-3-18-.24, Gasoline
Dispensing Facilities'' to read as follows:
Sec. 52.2220 Identification of plan.
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(c) * * *
Table 1--EPA-Approved Tennessee Regulations
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State
State citation Title/subject effective date EPA approval date Explanation
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CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS
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Section 1200-3-18-.24............. Gasoline Dispensing 8/31/2017 7/17/2018, [Insert citation of .....................................
Facilities. publication].
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[FR Doc. 2018-15148 Filed 7-16-18; 8:45 am]
BILLING CODE 6560-50-P