64350 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title 

State 

effective 

date 

EPA Approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission (567) 

Chapter 20—Scope of Title—Definitions—Forms—Rule of Practice 

*******

567–20.2 ........................ Definitions ..................... 4/22/15 6/17/16; 81 FR 39585 ... The definitions for ‘‘anaerobic lagoon,’’ ‘‘odor,’’ 

‘‘odorous substance,’’ ‘‘odorous substance 

source’’ are not SIP approved. 

* * * * * * * 

Chapter 22—Controlling Pollution 

567–22.3 ........................ Issuing Permits ............. 4/22/15 6/11/15; 80 FR 33192 ... Subrule 22.3(6) has not been approved as part 

of the SIP. Subrule 22.3(6), Limits on Hazardous Air Pollutants, has been approved 

under Title V and section 112(l). The remainder of the rule has not been approved pursuant to Title V and section 112(l). 

* * * * * * * 

* * * * * 

[FR Doc. 2016–22398 Filed 9–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0807; FRL–9951–19– 

Region 9] 

Approval of California Air Plan 

Revisions, Department of Pesticide 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the California 

Department of Pesticide Regulations 

(CDPR) portion of the California State 

Implementation Plan (SIP). These 

revisions concern emissions of volatile 

organic compounds (VOCs) from 

pesticides. The overall purpose of the 

new and revised regulations is to restrict 

the use of certain nonfumigant pesticide 

products applied to certain crops in the 

San Joaquin Valley ozone 

nonattainment area when VOC 

emissions meet or exceed 95% of the 

18.1 tons per day limit on VOC 

emissions, or 17.2 tons per day. The 

rules establish limits on the sale and use 

of high-VOC formulations of 

nonfumigant pesticide products that 

contain any of four specified primary 

active ingredients for use on seven 

specified crops grown in the San 

Joaquin Valley. We are approving these 

rules that regulate these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: These rules will be effective on 

October 20, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2015–0807. 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., 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: 

Nancy Levin, EPA Region IX, (415) 972– 

3848, levin.nancy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On February 8, 2016 (81 FR 6481), the 

EPA proposed to approve the following 

rules into the California SIP. 

Local agency Rule # Rule title 

Adopted/ 

amended/ 

revised 

Submitted 

CDPR ......................... 3 CCR 6452 ....................... Reduced VOC Emissions Field Fumigation Methods .... 05/23/13 02/04/15 

CDPR ......................... 3 CCR 6452.2 .................... VOC Emission Limits ..................................................... 05/23/13 02/04/15 

CDPR ......................... 3 CCR 6558 ....................... Recommendations for Use of Nonfumigants in the San 

Joaquin Valley (SJV) Ozone Nonattainment Area 

(NAA).

05/23/13 02/04/15 

CDPR ......................... 3 CCR 6577 ....................... Sales of Nonfumigants for Use in the SJV Ozone NAA 05/23/13 02/04/15 

CDPR ......................... 3 CCR 6864 ....................... Criteria for Identifying Pesticides as Toxic Air Contaminants.05/23/13 02/04/15 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 64351 

1See http://www.regulations.gov; Docket ID 

‘‘EPA–R09–OAR–2015–0807–0076.’’ 2 62 FR 27968 (May 22, 1997). 

Local agency Rule # Rule title 

Adopted/ 

amended/ 

revised 

Submitted 

CDPR ......................... 3 CCR 6880 ....................... Criteria to Designate Low-VOC or High-VOC Nonfumigant Pesticide Products.05/23/13 02/04/15 

CDPR ......................... 3 CCR 6881 ....................... Annual VOC Emissions Inventory Report ...................... 05/23/13 02/04/15 

CDPR ......................... 3 CCR 6883 ....................... Recommendation Requirements in the SJV Ozone 

NAA.

05/23/13 02/04/15 

CDPR ......................... 3 CCR 6884 ....................... SJV Ozone NAA Use Prohibitions ................................. 05/23/13 02/04/15 

CDPR ......................... 3 CCR 6886 ....................... Dealer Responsibilities for the SJV Ozone NAA ........... 05/23/13 02/04/15 

The overall purpose of the new and 

revised regulations is to restrict the use 

of certain nonfumigant pesticide 

products applied to certain crops in the 

San Joaquin Valley ozone 

nonattainment area when VOC 

emissions meet or exceed 95% of the 

18.1 tons per day limit on VOC 

emissions, or 17.2 tons per day. CDPR 

added or revised the rules specified 

above largely to establish limits on the 

sale and use of high-VOC formulations 

of nonfumigant pesticide products that 

contain abamectin, chlorpyrifos, 

gibberellins, or oxyfluorfen as their 

primary active ingredient, for use on 

any of the following seven crops: 

Alfalfa, almond, citrus, cotton, grape, 

pistachio, and walnut. We proposed to 

approve these rules because we 

determined that they complied with the 

relevant CAA requirements. Our 

proposed action contains more 

information on the rules and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment.1

The commenter supported EPA 

approval of these rules because they are 

in line with California’s efforts to reduce 

smog and improve the health of the 

environment, which improves the 

quality of life of its residents. 

III. EPA Action 

No adverse comments were 

submitted. Therefore, as authorized in 

section 110(k)(3) of the Act, the EPA is 

fully approving these rules into the 

California SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

California rules described in the 

amendments to 40 CFR part 52 set forth 

below. Therefore, these materials have 

been approved by EPA for inclusion in 

the State Implementation Plan, 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.2

The EPA has made, and will continue 

to make, these documents available 

through www.regulations.gov and at the 

EPA Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 Clean Air Act; 

and 

• does not provide the 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the 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). 

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. The 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 


Lhorne on DSK30JT082PROD with RULES
64352 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by November 21, 

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. 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 9, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220a in paragraph (c), 

table 1, is amended by: 

■ a. Revising the entries for ‘‘6452’’ and 

‘‘6452.2’’; 

■ b. Removing the entry for ‘‘6452.4’’; 

■ c. Adding a table entry titled ‘‘Title 3 

(Food and Agriculture), Division 6 

(Pesticides and Pest Control 

Operations), Chapter 3 (Pest Control 

Operations), Subchapter 1 (Licensing), 

Article 5 (Agricultural Pest Control 

Adviser Licenses)’’ after the entry for 

‘‘6452.3’’; and under it, adding an entry 

for ‘‘6558’’; 

■ d. Adding a table entry titled ‘‘Title 3 

(Food and Agriculture), Division 6 

(Pesticides and Pest Control 

Operations), Chapter 3 (Pest Control 

Operations), Subchapter 1 (Licensing), 

Article 6 (Pest Control Dealer Licenses)’’ 

after the new entry ‘‘6558’’; and under 

it, adding an entry for ‘‘6577’’; 

■ e. Adding a table entry titled ‘‘Title 3 

(Food and Agriculture), Division 6 

(Pesticides and Pest Control 

Operations), Chapter 4 (Environmental 

Protection), Subchapter 2 (Air), Article 

1 (Toxic Air Contaminants)’’ after the 

entry ‘‘6626’’; and under it, adding an 

entry for ‘‘6864’’; and 

■ f. Adding a table entry titled ‘‘Title 3 

(Food and Agriculture), Division 6 

(Pesticides and Pest Control 

Operations), Chapter 4 (Environmental 

Protection), Subchapter 2 (Air), Article 

2 (Volatile Organic Compounds)’’ after 

the new entry ‘‘6864’’; and under it, 

adding entries for ‘‘6880’’, ‘‘6881’’, 

‘‘6883’’, ‘‘6884’’, and ‘‘6886’’. 

The additions and revisions read as 

follows: 

§ 52.220a Identification of plan—partial. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1

State citation Title/Subject State effective date EPA Approval date Additional explanation 

*******

Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 2 (Pesticides), Subchapter 4 (Restricted 

Materials), Article 4 (Field Fumigant Use Requirements) 

*******

6452 ......................... Reduced Volatile Organic Compound 

Emissions Field Fumigation Methods.

November 1, 2013 81 FR 6481, February 8, 

2016.

Amends previous version 

of rule approved at 77 

FR 65294 (October 26, 

2012). Amended rule 

adopted by the California Department of 

Pesticide Regulation on 

May 23, 2013. Submitted on February 4, 

2015. 

* * * * * * * 

6452.2 ...................... Volatile Organic Compound Emission 

Limits.

November 1, 2013 81 FR 6481, February 8, 

2016.

Amends previous version 

of rule approved at 77 

FR 65294 (October 26, 

2012). Amended rule 

adopted by the California Department of 

Pesticide Regulation on 

May 23, 2013. Submitted on February 4, 

2015. 

* * * * * * * 


Lhorne on DSK30JT082PROD with RULES
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 64353 

TABLE 1—EPA-APPROVED STATUTES AND STATE REGULATIONS 1—Continued 

State citation Title/Subject State effective date EPA Approval date Additional explanation 

Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 

(Licensing), Article 5 (Agricultural Pest Control Adviser Licenses) 

6558 ......................... Recommendations for Use of Nonfumigants in the San Joaquin Valley 

Ozone Nonattainment Area.

November 1, 2013 81 FR 6481, February 8, 

2016.

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 3 (Pest Control Operations), Subchapter 1 

(Licensing), Article 6 (Pest Control Dealer Licenses) 

6577 ......................... Sales of Nonfumigants for Use in the 

San Joaquin Valley Ozone Nonattainment Area.

November 1, 2013 81 FR 6481, February 8, 

2016.

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

* * * * * * * 

Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 

(Air), Article 1 (Toxic Air Contaminants) 

6864 ......................... Criteria for Identifying Pesticides as 

Toxic Air Contaminants.

November 1, 2013 81 FR 6481, February 8, 

2016.

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

Title 3 (Food and Agriculture), Division 6 (Pesticides and Pest Control Operations), Chapter 4 (Environmental Protection), Subchapter 2 

(Air), Article 2 (Volatile Organic Compounds) 

6880 ......................... Criteria to Designate Low-Volatile Organic Compound (VOC) or High-VOC 

Nonfumigant Pesticide Products.

November 1, 2013 September 20, 2016, [insert Federal Register 

citation].

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

6881 ......................... Annual Volatile Organic Compound 

Emissions Inventory Report.

November 1, 2013 September 20, 2016, [insert Federal Register 

citation].

Amends and renumbers 

previous version of rule 

approved at 77 FR 

65294 (October 26, 

2012) as 3 CCR 

§ 6452.4. Amended and 

renumbered rule adopted by the California Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

6883 ......................... Recommendation Requirements in the 

San Joaquin Valley Ozone Nonattainment Area.

November 1, 2013 September 20, 2016, [insert Federal Register 

citation].

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

6884 ......................... San Joaquin Valley Ozone Nonattainment Area Use Prohibitions.November 1, 2013 September 20, 2016, [insert Federal Register 

citation].

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

6886 ......................... Dealer Responsibilities for the San Joaquin Valley Ozone Nonattainment 

Area.

November 1, 2013 September 20, 2016, [insert Federal Register 

citation].

Adopted by the California 

Department of Pesticide 

Regulation on May 23, 

2013. Submitted on 

February 4, 2015. 

* * * * * * * 

1Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists 

approved California test procedures, test methods and specifications that are cited in certain regulations listed in table 1. Approved California 

statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). 


Lhorne on DSK30JT082PROD with RULES
64354 Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 

1EPA received a comment unrelated to the 

subject of this rulemaking. See the docket for 

today’s rulemaking for this comment in its entirety. 2See 62 FR 27968 (May 22, 1997). 

* * * * * 

[FR Doc. 2016–22499 Filed 9–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0011; FRL–9952–50– 

Region 4] 

Air Plan Approval; Tennessee; 

Revision and Removal of Stage I and 

II Gasoline Vapor Recovery Program 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the State Implementation Plan (SIP) 

submitted by the State of Tennessee 

through the Tennessee Department of 

Environment and Conservation (TDEC), 

for parallel processing on February 8, 

2016, and in final form on July 15, 2016. 

This SIP revision seeks to lower 

applicability thresholds for certain 

sources subject to Federal Stage I 

requirements, remove the Stage II vapor 

control requirements, and add 

requirements for decommissioning 

gasoline dispensing facilities, as well as 

requirements for new and upgraded 

gasoline dispensing facilities in the 

Nashville, Tennessee Area. EPA has 

determined that Tennessee’s July 15, 

2016, SIP revision is approvable because 

it is consistent with the Clean Air Act 

(CAA or Act). 

DATES: This rule will be effective 

October 20, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0011. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Sheckler’s phone number is (404) 562– 

9222. She 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 

modifications of the Stage II and Stage 

I requirements in the State. First, in 

relation to Stage II, TDEC seeks the 

removal of the Stage II vapor recovery 

requirements from TAPCR 1200–3–18- 

.24 through the addition of requirements 

for decommissioning, and 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. Second, TDEC seeks 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 most of the 

State-specific language for Stage I vapor 

recovery. EPA published a proposed 

rulemaking through parallel processing 

on June 1, 2016 (81 FR 34940), to 

approve TDEC’s February 8, 2016, draft 

SIP revision. The details of Tennessee’s 

submittal and the rationale for EPA’s 

action are explained in the proposed 

rule. The comment period for this 

proposed rulemaking closed on July 1, 

2016. EPA did not receive any 

comments, adverse or otherwise, related 

to this rulemaking during the public 

comment period.1 EPA noted in its June 

1, 2016, proposed rulemaking that the 

Agency would take final action based on 

that proposed rulemaking only if no 

substantive changes were made to 

Tennessee’s submission when it was 

provided to EPA in final form. On July 

15, 2016, Tennessee provided its final 

SIP revision for the aforementioned 

changes and no substantive changes had 

been made between the submission for 

which EPA proposed approval and the 

submission that TDEC provided in final 

form on July 15, 2016. 

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 TAPCR 

1200–3–18–.24, entitled ‘‘Gasoline 

Dispensing Facilities,’’ effective July 14, 

2016. Therefore, these materials have 

been approved by EPA for inclusion in 

the State Implementation Plan, 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.2

The EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

III. Final Action 

EPA is taking final action to approve 

Tennessee’s July 15, 2016, SIP revision 

that changes Tennessee Gasoline 

Dispensing Facilities, Stage I and II 

Vapor Recovery, TAPCR 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. EPA has 

determined that Tennessee’s July 15, 

2016, SIP revision related to the State’s 

Stage I and II rules is consistent with the 

CAA and EPA’s regulations and 

guidance. 

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. 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: 


Lhorne on DSK30JT082PROD with RULES