Air Plan Approval; TN: Non-Interference Demonstration for Federal Low-Reid Vapor Pressure Requirement in Shelby County, 31462-31464 [2017-14202]
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asabaliauskas on DSKBBXCHB2PROD with RULES
31462
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
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 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. 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 5, 2017. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of this Federal Register, rather than file
an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
VerDate Sep<11>2014
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Jkt 241001
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides.
Dated: June 20, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
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.
2. Section 52.2570 is amended by
adding paragraph (c)(136) to read as
follows:
■
§ 52.2570
Identification of plan.
*
*
*
*
*
(c) * * *
(136) On January 31, 2017
(supplemented on March 20, 2017), the
Wisconsin Department of Natural
Resources submitted a request to
incorporate Wisconsin Administrative
Order AM–16–01 into its State
Implementation Plan. AM–16–01
imposes a requirement for a taller
cupola exhaust stack, a sulfur dioxide
(SO2) emission limit in conjunction
with a minimum cupola stack flue gas
flow rate, and associated requirements
on the mineral wool production process
at the USG Interiors LLC facility located
in Walworth, Wisconsin (USGWalworth). Wisconsin intends to use
the requirements of AM–16–01 to
support an attainment designation.
(i) Incorporation by reference.
Wisconsin Administrative Order AM–
16–01, issued by the Wisconsin
Department of Natural Resources on
January 31, 2017, to USG Interiors LLC
for its facility located in Walworth,
Wisconsin.
[FR Doc. 2017–14212 Filed 7–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2017–0136; FRL–9964–56–
Region 4]
Air Plan Approval; TN: NonInterference Demonstration for Federal
Low-Reid Vapor Pressure Requirement
in Shelby County
AGENCY:
Environmental Protection
Agency.
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
ACTION:
Final rule.
The Environmental Protection
Agency (EPA) is approving a
noninterference demonstration that
evaluates whether the change for the
Federal Reid Vapor Pressure (RVP)
requirements in Shelby County
(hereinafter referred to as the ‘‘Area’’)
would interfere with the Area’s ability
to meet the requirements of the Clean
Air Act (CAA or Act). Tennessee
submitted through the Tennessee
Department of Environment and
Conservation (TDEC), on April 12, 2017,
a noninterference demonstration on
behalf of the Shelby County Health
Department requesting that EPA change
the RVP requirements for Shelby
County. Specifically, Tennessee’s
noninterference demonstration
concludes that relaxing the federal RVP
requirement from 7.8 pounds per square
inch (psi) to 9.0 psi for gasoline sold
between June 1 and September 15 of
each year in Shelby County would not
interfere with attainment or
maintenance of the national ambient air
quality standards (NAAQS or standards)
or with any other CAA requirement.
DATES: This rule is effective July 7,
2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0136. 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:
Sean Lakeman, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
SUMMARY:
E:\FR\FM\07JYR1.SGM
07JYR1
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Mr.
Lakeman can be reached via telephone
at (404) 562–9043 or via electronic mail
at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with RULES
I. What is the background for this final
action?
On April 12, 2017, Tennessee
submitted a request that EPA relax the
federal RVP requirement from 7.8 psi to
9.0 psi for gasoline sold between June 1
and September 15 of each year (i.e.,
during high ozone season) in Shelby
County. As part of that request,
Tennessee evaluated whether removal
of this requirement would interfere with
air quality in Shelby County. To make
this demonstration of noninterference,
Tennessee completed a technical
analysis, including modeling, to
estimate the change in emissions that
would result from a switch to 9.0 psi
RVP fuel in Shelby County. In a notice
of proposed rulemaking (NPR)
published on May 11, 2017 (82 FR
21966), EPA proposed to approve the
State’s noninterference demonstration.
The details of Tennessee’s submittal and
the rationale for EPA’s actions are
explained in the NPR. EPA did not
receive any adverse comments on the
proposed action.
II. Final Action
EPA is approving Tennessee’s April
12, 2017, noninterference demonstration
supporting the State’s request to relax
the RVP standard to 9.0 psi in Shelby
County. EPA has determined that the
change in the RVP requirements for
Shelby County will not interfere with
attainment or maintenance of any
NAAQS or with any other applicable
requirement of the CAA.
EPA has determined that Tennessee’s
April 12, 2017, RVP-related SIP revision
is consistent with the applicable
provisions of the CAA for the reasons
provided in the NPR. Through this
action, EPA is not removing the federal
7.8 psi RVP requirement for Shelby
County. Any such action would occur in
a separate rulemaking.
In accordance with 5 U.S.C. 553(d),
EPA finds that there is good cause for
this action to become effective
immediately upon publication. This is
because a delayed effective date is
unnecessary because today’s action
approves a noninterference
demonstration that will serve as the
basis of a subsequent action to relieve
the Area from certain CAA requirements
that would otherwise apply to it. The
immediate effective date for this action
is authorized under both 5 U.S.C.
VerDate Sep<11>2014
17:43 Jul 06, 2017
Jkt 241001
553(d)(1), which provides that
rulemaking actions may become
effective less than 30 days after
publication if the rule grants or
recognizes an exemption or relieves a
restriction, and section 553(d)(3), which
allows an effective date less than 30
days after publication as otherwise
provided by the agency for good cause
found and published with the rule. The
purpose of the 30-day waiting period
prescribed in section 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. This rule,
however, does not create any new
regulatory requirements such that
affected parties would need time to
prepare before the rule takes effect.
Rather, this rule will serve as a basis for
a subsequent action to relieve the Area
from certain CAA requirements. For
these reasons, EPA finds good cause
under 5 U.S.C. 553(d)(3) for this action
to become effective on the date of
publication of this action.
III. 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 part
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:
• 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
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
31463
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 5, 2017. 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
E:\FR\FM\07JYR1.SGM
07JYR1
31464
Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: June 22, 2017.
V. Anne Heard,
Acting Regional Administrator, Region 4.
‘‘Non-interference Demonstration for
Federal Low-Reid Vapor Pressure
Requirement in Shelby County’’ at the
end of the table to read as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
§ 52.2220
*
Authority: 42 U.S.C. 7401 et seq.
Subpart RR—Tennessee
40 CFR part 52 is amended as follows:
Identification of plan.
*
*
(e) * * *
*
*
2. In § 52.2220, the table in paragraph
(e) is amended by adding the entry
■
EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS
Applicable geographic
or
nonattainment area
Name of non-regulatory SIP provision
*
*
Non-interference Demonstration for Federal
Low-Reid Vapor Pressure Requirement in
Shelby County.
[FR Doc. 2017–14202 Filed 7–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2016–0561; FRL–9964–58–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Volatile Organic
Compound Reasonably Available
Control Technology for 1997 Ozone
Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the
Commonwealth of Pennsylvania state
implementation plan (SIP). This SIP
revision pertains to the requirements for
reasonably available control technology
(RACT) controls for certain sources of
volatile organic compounds (VOCs)
under the 1997 ozone national ambient
air quality standard (NAAQS). This SIP
revision includes Pennsylvania’s
certification that previously adopted
RACT controls in Pennsylvania’s SIP
that were approved by EPA under the 1hour ozone NAAQS are based on the
currently available technically and
economically feasible controls, and that
they continue to represent RACT for the
1997 ozone NAAQS and a negative
declaration that certain categories of
sources do not exist in Pennsylvania.
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:43 Jul 06, 2017
Jkt 241001
State effective
date
*
Shelby County ...........
*
4/12/2016
EPA approval date
*
*
7/7/2017 [Insert Federal
Register citation].
This SIP revision does not address
Pennsylvania’s May 2016 VOC and
nitrogen oxides (NOX) RACT rule,
‘‘Additional RACT Requirements for
Major Sources of NOX and VOCs,’’ also
known as RACT II. EPA will take
separate action on RACT II. EPA is
approving these revisions addressing
VOC RACT for the 1997 ozone NAAQS
in accordance with the requirements of
the Clean Air Act (CAA).
DATES: This rule is effective on October
5, 2017 without further notice, unless
EPA receives adverse written comment
by August 7, 2017. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
OAR–2016–0561 at https://
www.regulations.gov, or via email to
stahl.cynthia@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, 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
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
Explanation
*
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the ‘‘For Further
Information Contact’’ section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Maria A Pino, (215) 814–2181, or by
email at pino.maria@epa.gov.
SUPPLEMENTARY INFORMATION: On
September 25, 2006, the Commonwealth
of Pennsylvania through the
Pennsylvania Department of
Environmental Protection (PADEP)
submitted a revision to its SIP that
addresses certain requirements of RACT
under the 1997 ozone NAAQS. The SIP
revision was entitled, ‘‘Pennsylvania
Department of Environmental Protection
Reasonably Available Control
Technology (RACT) State
Implementation Plan (SIP) Revision
Under the 8-Hour Ozone National
Ambient Air Quality Standard
(NAAQS),’’ September 2006, and will be
referred to in this rulemaking action as
‘‘the 2006 RACT SIP.’’ On June 27, 2016,
PADEP withdrew from EPA review
portions of the 2006 RACT SIP revision
related to RACT for major stationary
sources of VOC and NOX. EPA has
included in the docket a redacted
version of the 2006 RACT SIP to
identify which portions of this
document remain before EPA and are
the subject of this notice of proposed
rulemaking. Pennsylvania addressed the
E:\FR\FM\07JYR1.SGM
07JYR1
]]>Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31462-31464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14202]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R04-OAR-2017-0136; FRL-9964-56-Region 4]
Air Plan Approval; TN: Non-Interference Demonstration for Federal
Low-Reid Vapor Pressure Requirement in Shelby County
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a
noninterference demonstration that evaluates whether the change for the
Federal Reid Vapor Pressure (RVP) requirements in Shelby County
(hereinafter referred to as the ``Area'') would interfere with the
Area's ability to meet the requirements of the Clean Air Act (CAA or
Act). Tennessee submitted through the Tennessee Department of
Environment and Conservation (TDEC), on April 12, 2017, a
noninterference demonstration on behalf of the Shelby County Health
Department requesting that EPA change the RVP requirements for Shelby
County. Specifically, Tennessee's noninterference demonstration
concludes that relaxing the federal RVP requirement from 7.8 pounds per
square inch (psi) to 9.0 psi for gasoline sold between June 1 and
September 15 of each year in Shelby County would not interfere with
attainment or maintenance of the national ambient air quality standards
(NAAQS or standards) or with any other CAA requirement.
DATES: This rule is effective July 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0136. 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: Sean Lakeman, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S.
[[Page 31463]]
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Mr. Lakeman can be reached via telephone
at (404) 562-9043 or via electronic mail at lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. What is the background for this final action?
On April 12, 2017, Tennessee submitted a request that EPA relax the
federal RVP requirement from 7.8 psi to 9.0 psi for gasoline sold
between June 1 and September 15 of each year (i.e., during high ozone
season) in Shelby County. As part of that request, Tennessee evaluated
whether removal of this requirement would interfere with air quality in
Shelby County. To make this demonstration of noninterference, Tennessee
completed a technical analysis, including modeling, to estimate the
change in emissions that would result from a switch to 9.0 psi RVP fuel
in Shelby County. In a notice of proposed rulemaking (NPR) published on
May 11, 2017 (82 FR 21966), EPA proposed to approve the State's
noninterference demonstration. The details of Tennessee's submittal and
the rationale for EPA's actions are explained in the NPR. EPA did not
receive any adverse comments on the proposed action.
II. Final Action
EPA is approving Tennessee's April 12, 2017, noninterference
demonstration supporting the State's request to relax the RVP standard
to 9.0 psi in Shelby County. EPA has determined that the change in the
RVP requirements for Shelby County will not interfere with attainment
or maintenance of any NAAQS or with any other applicable requirement of
the CAA.
EPA has determined that Tennessee's April 12, 2017, RVP-related SIP
revision is consistent with the applicable provisions of the CAA for
the reasons provided in the NPR. Through this action, EPA is not
removing the federal 7.8 psi RVP requirement for Shelby County. Any
such action would occur in a separate rulemaking.
In accordance with 5 U.S.C. 553(d), EPA finds that there is good
cause for this action to become effective immediately upon publication.
This is because a delayed effective date is unnecessary because today's
action approves a noninterference demonstration that will serve as the
basis of a subsequent action to relieve the Area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. This rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, this rule will serve as a basis for a subsequent action
to relieve the Area from certain CAA requirements. For these reasons,
EPA finds good cause under 5 U.S.C. 553(d)(3) for this action to become
effective on the date of publication of this action.
III. 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 part 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:
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 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 5, 2017. 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
[[Page 31464]]
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.
Dated: June 22, 2017.
V. Anne Heard,
Acting 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. In Sec. 52.2220, the table in paragraph (e) is amended by adding
the entry ``Non-interference Demonstration for Federal Low-Reid Vapor
Pressure Requirement in Shelby County'' at the end of the table to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Tennessee Non-Regulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic
Name of non-regulatory SIP or nonattainment State EPA approval date Explanation
provision area effective date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Non-interference Demonstration for Shelby County........ 4/12/2016 7/7/2017 [Insert Federal Register .....................................
Federal Low-Reid Vapor Pressure citation].
Requirement in Shelby County.
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[FR Doc. 2017-14202 Filed 7-6-17; 8:45 am]
BILLING CODE 6560-50-P
