Air Plan Approval; Tennessee; Revisions to Stage I and II Vapor Recovery Requirements, 33132-33134 [2018-15148]
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
applicable because this rulemaking does
not contain provisions that involve the
use of technical standards.
P. Paperwork Reduction Act: This
rulemaking involves information
collection requirements which are
subject to review by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). The collection
of information involved in this rule has
been reviewed and previously approved
by OMB under control number 0651–
0054.
Notwithstanding any other provision
of law, no person is required to respond
to nor shall a person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
Administrative practice and
procedure, Trademarks.
For the reasons stated in the preamble
and under the authority contained in 15
U.S.C. 1123 and 35 U.S.C. 2, as
amended, the Office amends part 2 of
title 37 as follows:
PART 2—RULES OF PRACTICE IN
TRADEMARK CASES
1. The authority citation for part 2 is
revised to read as follows:
■
Authority: 15 U.S.C. 1123 and 35 U.S.C.
2 unless otherwise noted. Sec. 2.99 also
issued under secs. 16, 17, 60 Stat. 434; 15
U.S.C. 1066, 1067.
2. Revise the undesignated center
heading ‘‘INTERFERENCES AND
CONCURRENT USE PROCEEDINGS’’
above § 2.91 to read ‘‘CONCURRENT
USE PROCEEDINGS’’ and remove the
authority citation immediately
following that heading.
§ 2.91
■
3. Remove and reserve § 2.91.
§ 2.92
■
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[Reserved and Reserved]
6. Remove and reserve § 2.96.
§ 2.98
■
[Reserved and Reserved]
5. Remove and reserve § 2.93.
§ 2.96
■
[Reserved and Reserved]
4. Remove and reserve § 2.92.
§ 2.93
■
[Reserved and Reserved]
[Reserved and Reserved]
7. Remove and reserve § 2.98.
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BILLING CODE 3510–16–P
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:
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
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.
Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. Background
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
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.
AGENCY:
SUMMARY:
List of Subjects for 37 CFR Part 2
■
Dated: July 10, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
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SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
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.
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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
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
1 62
FR 27968 (May 22, 1997).
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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);
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33133
• 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
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Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
requirements, Sulfur oxides, Volatile
organic compounds.
ORGANIC COMPOUNDS by revising
the entry for ‘‘Section 1200–3–18–.24,
Gasoline Dispensing Facilities’’ to read
as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
Dated: July 2, 2018.
Onis ‘‘Trey’’ Glenn, III,
Regional Administrator, Region 4.
1. The authority citation for part 52
continues to read as follows:
■
§ 52.2220
*
Authority: 42.U.S.C. 7401 et seq.
40 CFR part 52 is amended as follows:
Subpart RR—Tennessee
Identification of plan.
*
*
(c) * * *
*
*
2. Section 52.2220, is amended under
CHAPTER 1200–3–18 VOLATILE
■
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State citation
State effective
date
*
*
*
CHAPTER 1200–3–18
*
*
Section 1200–3–18–.24 ...............
*
*
*
*
*
*
*
[FR Doc. 2018–15148 Filed 7–16–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0007; FRL–9980–
71—Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Naval Industrial
Reserve Ordnance Plant Superfund
Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is publishing a
direct final Notice of Deletion of
Operable Unit 3 (OU3) of the Naval
Industrial Reserve Ordnance Plant
(NIROP) Superfund Site (Site), located
in Fridley, Minnesota, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final partial deletion is being published
by EPA with the concurrence of the
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SUMMARY:
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*
*
*
*
8/31/2017
*
*
7/17/2018, [Insert citation
of publication].
*
*
*
State of Minnesota, through the
Minnesota Pollution Control Agency
(MPCA), because EPA has determined
that all appropriate response actions
under CERCLA at OU3, other than
operation, maintenance, and five-year
reviews, have been completed.
However, this partial deletion does not
preclude future actions under
Superfund.
DATES: This direct final partial deletion
is effective September 17, 2018 unless
EPA receives adverse comments by
August 16, 2018. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final partial
deletion in the Federal Register
informing the public that the partial
deletion will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1989–0007, by one of the
following methods: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The 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
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Explanation
VOLATILE ORGANIC COMPOUNDS
*
Gasoline Dispensing Facilities ....
*
EPA approval date
*
Title/subject
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*
*
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, 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.
Email: cano.randolph@epa.gov.
Mail: Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (SR–6J), 77
West Jackson Boulevard, Chicago, IL
60604, (312) 886–6036.
Hand deliver: Superfund Records
Center, U.S. Environmental Protection
Agency Region 5, 77 West Jackson
Boulevard, 7th Floor South, Chicago, IL
60604, (312)886–0900. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
normal business hours are Monday
through Friday, 8 a.m. to 4 p.m.,
excluding Federal holidays.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1989–
0007. The https://www.regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
email comment directly to EPA without
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]]>Agencies
[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.
-----------------------------------------------------------------------
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
[email protected]@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).
---------------------------------------------------------------------------
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
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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* * * * * * *
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CHAPTER 1200-3-18 VOLATILE ORGANIC COMPOUNDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
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
