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
Federal Register / Vol. 81, No. 182 / Tuesday, September 20, 2016 / Rules and Regulations 64355 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 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 

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 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 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 7, 2016. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 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 (RR)—Tennessee 

■ 2. Section 52.2220(c), is amended 

under CHAPTER 1200–3–18 VOLATILE 

ORGANIC COMPOUNDS by revising 

the entry for ‘‘Section 1200–3–18–.24’’ 

to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED TENNESSEE REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

*******

CHAPTER 1200–3–18 VOLATILE ORGANIC COMPOUNDS 

*******

Section 1200–3–18–.24 ............................... Gasoline Dispensing Facilities ..................... 7/14/16 9/20/16 [Insert 

citation of 

publication].

* * * * * * * 

* * * * * 

[FR Doc. 2016–22368 Filed 9–19–16; 8:45 am] 

BILLING CODE 6560–50–P 


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