[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 
<a href="/cdn-cgi/l/email-protection#394a515c5a52555c4b17525c555540795c4958175e564f4a515c5a52555c4b17525c555540"><span class="__cf_email__" data-cfemail="03706b6660686f66712d68666f6f7a436673622d646c75706b6660686f66712d68666f6f7a">[email protected]</span></a>@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:
    <bullet> 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);
    <bullet> Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> 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

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart RR--Tennessee

0
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.

* * * * *
    (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


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