Air Plan Approval; Ohio; Removal of Gasoline Volatility Requirements in the Cincinnati and Dayton Areas; Update on the Boutique Fuel List for Illinois and Ohio, 16932-16934 [2017-06889]
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16932
Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
[FR Doc. 2017–06898 Filed 4–6–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0781; FRL–9960–96Region 5]
Air Plan Approval; Ohio; Removal of
Gasoline Volatility Requirements in the
Cincinnati and Dayton Areas; Update
on the Boutique Fuel List for Illinois
and Ohio
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the Ohio Environmental
Protection Agency (Ohio EPA) on
December 19, 2016, concerning the
state’s gasoline volatility standards in
the Cincinnati and Dayton areas. The
revision removes the 7.8 pounds per
square inch (psi) low Reid Vapor
Pressure (RVP) fuel requirements for the
two areas as a component of the Ohio
ozone SIP. The submittal also includes
a section 110(l) demonstration as
required by the Clean Air Act (CAA)
that addresses emissions impacts
associated with the removal of the
program. EPA proposed to approve the
state’s submittal on February 15, 2017.
DATES: This final rule is effective on
April 7, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2016–0781. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., 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 through
https://www.regulations.gov, or please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section
for additional availability information.
FOR FURTHER INFORMATION CONTACT:
Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6061,
acevedo.francisco@epa.gov.
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SUMMARY:
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I. What is being addressed by this
document?
On February 15, 2017, at 82 FR 10727,
EPA proposed to approve the removal of
the 7.8 psi RVP fuel requirements under
OAC 3745–72–1 to 8 from the Ohio
ozone SIP before the beginning of the
2017 ozone control period. The 7.8 psi
RVP fuel requirements specifically
apply to gasoline distributed in the
Cincinnati and Dayton areas in Ohio.
To support the removal of the 7.8 psi
RVP fuel program requirements from the
SIP, the revision included amendments
of OAC 3745–72–01 (Applicability), as
effective on August 1, 2016; a summary
of the Ohio-specific analyses using
EPA’s Motor Vehicle Emissions
Simulator (MOVES) model to quantify
the emissions impact associated with
removing the 7.8 psi RVP fuel program
in Cincinnati and Dayton; and a section
110(l) demonstration that includes offset
emissions documentation.
II. What comments did we receive on
the proposed SIP revision?
Our February 15, 2017, proposed rule
provided a 30-day review and comment
period. The comment period closed on
March 17, 2017. EPA received
comments from three parties during the
public comment period. One comment
was fully supportive of this action. A
second comment received was
completely outside of the scope of this
action and therefore is not being
addressed as part of this final action. We
are responding to the remaining
comments received.
Comment: The commenter asks how
the proposed standards compare to the
standards of other states. The
commenter further asks whether there
are other states who have undergone
similar changes, and if so what was the
long-term effect of such changes.
Response: Information on areas where
EPA has approved requests to remove
the requirement to use low RVP gasoline
from a state SIP, such as the states of
Georgia and Illinois, can be found on
EPA’s Web site at the following
location: (https://www.epa.gov/gasolinestandards/gasoline-reid-vaporpressure). It also contains a state-bystate RVP table that lists and compares
all current federally required volatility
programs, as well as all EPA-approved
SIP fuel programs.
Regarding the long-term effect of such
changes, any SIP revision submitted to
EPA for consideration needs to include
a demonstration of non-interference
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with the National Ambient Air Quality
Standards (NAAQS) under section
110(l) of the CAA to ensure that impacts
on the NAAQS are considered.
Individual rulemakings on each action
are published in the Federal Register
and would contain specific emissions
impacts for each of the situations.
Comment: The commenter is seeking
EPA’s concurrence that the unused
emission reduction credits outlined in
our action and generated in the greater
Cincinnati, Ohio area can be used to
satisfy the emission reductions that
must be shown to demonstrate
noninterference as part of a future SIP
revision removing Reformulated
Gasoline requirements in northern
Kentucky.
Response: EPA is not taking a position
on the use of credits in a future action
since such issue is outside the scope of
this action. Any subsequent use of
emission reduction credits outlined in
our action should be coordinated
between Ohio and Kentucky when a
request to adjust requirements is made.
III. What action is EPA taking?
EPA is approving a SIP revision
submitted by Ohio EPA on December
19, 2016, removing the state’s 7.8 psi
RVP fuel requirement for gasoline
distributed in the Cincinnati and Dayton
areas. The SIP revision also includes a
section 110(l) demonstration that uses
emissions credits from industrial
facilities that have shut down or
permanently reduced emissions in
Dayton and Cincinnati to offset
potential increases in emissions
resulting from removing the state’s 7.8
psi RVP fuel requirements. Upon
approval of this SIP revision, 3.51 tons
per year (tpy) of volatile organic
compound (VOC) emissions credits
from the Miami Valley Publishing
Company facility, 4.86 tpy of VOC from
the National Oilwell Varco facility,
40.50 tpy of oxides of nitrogen (NOX)
from the MillerCoors LLC facility and
21.72 tpy of NOX from the WrightPatterson Air Force Base facility will be
permanently retired. This action is
effective on April 7, 2017. EPA is
approving Ohio’s removal of the 7.8 psi
RVP fuel requirement as a component of
the Ohio ozone SIP because EPA has
found that that removal of the 7.8 psi
RVP fuel requirements would not
interfere with attainment or
maintenance of any of the National
Ambient Air Quality Standards in the
Cincinnati and Dayton areas and would
not interfere with any other applicable
requirement of the CAA, and thus, are
approvable under CAA section 110(l).
EPA also finds that there is good cause
for this action to become effective
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immediately upon publication. The
immediate effective date for this action
is authorized under 5 U.S.C. 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 553(d) is to give
affected parties a reasonable time to
adjust their behavior and prepare before
the final rule takes effect. RVP control
requirements are summer control
programs that are generally
implemented during the summer ozone
season beginning on June 1 at retail
gasoline stations. In order to meet the
June 1st requirement at retail gasoline
stations, upstream fuel distributers need
to be able to have compliant RVP fuel
available starting on May 1st. Making
this rule effective before the beginning
of the summer ozone season, will allow
the regulated industry to avoid having
to address multiple RVP requirements
during the 2017 ozone season. For this
reason, 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.
IV. Impacts on the Boutique Fuels List 1
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A. Removal of Gasoline Volatility
Requirements in the Cincinnati and
Dayton Ozone Areas
As explained at proposal, EPA is
required to remove a fuel type from the
Boutique Fuels List if it ceases to be
included in a SIP. (CAA section
211(c)(4)(C)(v)(III). Ohio’s 7.8 psi RVP
fuel program that is the subject of this
final rule is one of the fuel types on the
Boutique Fuels List. EPA has also
approved the 7.8 psi RVP fuel type into
several states SIPs. On the effective date
of this rule, Ohio’s 7.8 psi RVP fuel rule
will be removed from the approved SIP
and we will also remove the entry for
Ohio’s RVP rule from the boutique fuel
list which is available at: https://
www.epa.gov/gasoline-standards/statefuels. However, the 7.8 psi RVP fuel
type will remain on the boutique fuel
list because it continues to be included
in several other states SIPs. We will also
update the Gasoline Reid Vapor
Pressure Web page (https://
www.epa.gov/gasoline-standards/
gasoline-reid-vapor-pressure) on the
effective date of this final rule to remove
the counties in the Cincinnati and
Dayton ozone areas from the list of areas
where lower RVP gasoline is required.
1 On December 28, 2006 EPA published an FR
notice establishing the Boutique Fuels List. (See 71
FR 78195.)
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B. Removal of Gasoline Volatility
Standards Applicable in the Illinois
Portion the St. Louis, MO–IL Ozone Area
As previously explained, EPA is
required to remove a fuel type from the
Boutique Fuels List when it ceases to be
included in a SIP. The 7.2 psi RVP fuel
type is included on the Boutique Fuels
List. (See 71 FR 78199). On October 6,
2014, EPA published a direct final rule
to remove Illinois’ 7.2 psi low RVP
regulation from the State’s SIP for its
portion of the St. Louis, MO–IL ozone
area. (See 79 FR 60065.) The removal
became effective on December 5, 2014.
Illinois was the only state with such
a fuel type in its approved SIP. EPA
intends to publish a separate notice to
remove the 7.2 psi RVP fuel type from
the list of boutique fuels.2 Removal of
this fuel type from the list creates room
that could allow for a new fuel type to
be approved and added to the list.
Approval of a new fuel type into a SIP
would be subject to certain restrictions
as described in the December 28, 2006,
Federal Register notice that established
the list of boutique fuels. (See 71 FR
78193).
V. 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 the Ohio Regulations
described in the proposed amendments
to 40 CFR part 52 set forth below.
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 by the
Director of the Federal Register in the
next update to the SIP compilation.3
EPA has made, and will continue to
make, these materials generally
available through www.regulations.gov
and/or at the EPA Region 5 Office
(please contact the person identified in
the FOR FURTHER INFORMATION CONTACT
section of this preamble for more
information).
VI. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
2 EPA has previously updated its State Fuels and
Gasoline Reid Vapor Pressure Web pages to reflect
the removal of the 7.2 psi RVP requirement from
the Illinois SIP.
3 62 FR 27968 (May 22, 1997).
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16933
that complies with the provisions of the
CAA and applicable Federal regulations
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:
• 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);
• 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 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
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Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
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 June 6, 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
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Volatile organic
compounds.
Dated: March 23, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
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. In § 52.1870 the table in paragraph
(c) is amended under ‘‘Chapter 3745–72
Low Reid Vapor Pressure Fuel
Requirements’’ by revising the entry for
3745–72–01 ‘‘Applicability’’ to read as
follows:
■
§ 52.1870
*
Identification of plan.
*
*
(c) * * *
*
*
40 CFR part 52 is amended as follows:
EPA-APPROVED OHIO REGULATIONS
Ohio citation
Ohio
effective
date
Title/subject
*
*
EPA approval date
*
*
Chapter 3745–72
*
3745–72–01 ......
*
Applicability .......
*
*
*
*
8/1/2016
*
*
*
*
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2016–0370; EPA–R05–
OAR–2016–0371; FRL–9960–90–Region 5]
Air Plan Approval; Indiana; Base Year
Emissions Inventory and Emissions
Statement Rule Certification for Lake
and Porter Counties for the 2008
Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
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*
This direct final rule will be
effective June 6, 2017, unless EPA
receives adverse comments by May 8,
2017. If adverse comments are received
by EPA, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
Frm 00044
Fmt 4700
*
Only (A) to (C).
*
requirements for the Indiana portion of
the Chicago-Naperville, Illinois-IndianaWisconsin (IL–IN–WI) ozone
nonattainment area under the 2008
ozone National Ambient Air Quality
Standard (NAAQS). The Clean Air Act
(CAA) requires emissions inventories
for all ozone nonattainment areas. The
documented emissions inventory
included in Indiana’s June 15, 2016,
submission meets this CAA
requirement. The second submission
provides Indiana’s certification that its
existing Emissions Reporting Rule,
previously approved by EPA under a
prior ozone standard, satisfies the CAA
emissions statement rule requirement
for Lake and Porter Counties under the
2008 ozone standard.
PO 00000
*
*
*
4/7/2017, [Insert Federal Register citation] .............
DATES:
The Environmental Protection
Agency (EPA) is approving two State
Implementation Plan (SIP) submissions
from the Indiana Department of
Environmental Management (IDEM),
both dated June 15, 2016. The first
addresses emissions inventory
SUMMARY:
*
*
Low Reid Vapor Pressure Fuel Requirements
*
[FR Doc. 2017–06889 Filed 4–6–17; 8:45 am]
Notes
Sfmt 4700
*
*
*
Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2016–0370 (Emissions Statement)
or by Docket ID No. EPA–R05–OAR–
2016–0371 (Emissions Inventory) at
https://www.regulations.gov or via email
to aburano.douglas@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
outside of the primary submission (i.e.
on the web, cloud, or other file sharing
ADDRESSES:
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Agencies
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16932-16934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06889]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R05-OAR-2016-0781; FRL-9960-96-Region 5]
Air Plan Approval; Ohio; Removal of Gasoline Volatility
Requirements in the Cincinnati and Dayton Areas; Update on the Boutique
Fuel List for Illinois and Ohio
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 Ohio Environmental
Protection Agency (Ohio EPA) on December 19, 2016, concerning the
state's gasoline volatility standards in the Cincinnati and Dayton
areas. The revision removes the 7.8 pounds per square inch (psi) low
Reid Vapor Pressure (RVP) fuel requirements for the two areas as a
component of the Ohio ozone SIP. The submittal also includes a section
110(l) demonstration as required by the Clean Air Act (CAA) that
addresses emissions impacts associated with the removal of the program.
EPA proposed to approve the state's submittal on February 15, 2017.
DATES: This final rule is effective on April 7, 2017.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2016-0781. All documents in the docket are listed in
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., 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 through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.
FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604, (312) 886-6061,
acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
I. What is being addressed by this document?
On February 15, 2017, at 82 FR 10727, EPA proposed to approve the
removal of the 7.8 psi RVP fuel requirements under OAC 3745-72-1 to 8
from the Ohio ozone SIP before the beginning of the 2017 ozone control
period. The 7.8 psi RVP fuel requirements specifically apply to
gasoline distributed in the Cincinnati and Dayton areas in Ohio.
To support the removal of the 7.8 psi RVP fuel program requirements
from the SIP, the revision included amendments of OAC 3745-72-01
(Applicability), as effective on August 1, 2016; a summary of the Ohio-
specific analyses using EPA's Motor Vehicle Emissions Simulator (MOVES)
model to quantify the emissions impact associated with removing the 7.8
psi RVP fuel program in Cincinnati and Dayton; and a section 110(l)
demonstration that includes offset emissions documentation.
II. What comments did we receive on the proposed SIP revision?
Our February 15, 2017, proposed rule provided a 30-day review and
comment period. The comment period closed on March 17, 2017. EPA
received comments from three parties during the public comment period.
One comment was fully supportive of this action. A second comment
received was completely outside of the scope of this action and
therefore is not being addressed as part of this final action. We are
responding to the remaining comments received.
Comment: The commenter asks how the proposed standards compare to
the standards of other states. The commenter further asks whether there
are other states who have undergone similar changes, and if so what was
the long-term effect of such changes.
Response: Information on areas where EPA has approved requests to
remove the requirement to use low RVP gasoline from a state SIP, such
as the states of Georgia and Illinois, can be found on EPA's Web site
at the following location: (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). It also contains a state-by-state RVP
table that lists and compares all current federally required volatility
programs, as well as all EPA-approved SIP fuel programs.
Regarding the long-term effect of such changes, any SIP revision
submitted to EPA for consideration needs to include a demonstration of
non-interference with the National Ambient Air Quality Standards
(NAAQS) under section 110(l) of the CAA to ensure that impacts on the
NAAQS are considered. Individual rulemakings on each action are
published in the Federal Register and would contain specific emissions
impacts for each of the situations.
Comment: The commenter is seeking EPA's concurrence that the unused
emission reduction credits outlined in our action and generated in the
greater Cincinnati, Ohio area can be used to satisfy the emission
reductions that must be shown to demonstrate noninterference as part of
a future SIP revision removing Reformulated Gasoline requirements in
northern Kentucky.
Response: EPA is not taking a position on the use of credits in a
future action since such issue is outside the scope of this action. Any
subsequent use of emission reduction credits outlined in our action
should be coordinated between Ohio and Kentucky when a request to
adjust requirements is made.
III. What action is EPA taking?
EPA is approving a SIP revision submitted by Ohio EPA on December
19, 2016, removing the state's 7.8 psi RVP fuel requirement for
gasoline distributed in the Cincinnati and Dayton areas. The SIP
revision also includes a section 110(l) demonstration that uses
emissions credits from industrial facilities that have shut down or
permanently reduced emissions in Dayton and Cincinnati to offset
potential increases in emissions resulting from removing the state's
7.8 psi RVP fuel requirements. Upon approval of this SIP revision, 3.51
tons per year (tpy) of volatile organic compound (VOC) emissions
credits from the Miami Valley Publishing Company facility, 4.86 tpy of
VOC from the National Oilwell Varco facility, 40.50 tpy of oxides of
nitrogen (NOX) from the MillerCoors LLC facility and 21.72
tpy of NOX from the Wright-Patterson Air Force Base facility
will be permanently retired. This action is effective on April 7, 2017.
EPA is approving Ohio's removal of the 7.8 psi RVP fuel requirement as
a component of the Ohio ozone SIP because EPA has found that that
removal of the 7.8 psi RVP fuel requirements would not interfere with
attainment or maintenance of any of the National Ambient Air Quality
Standards in the Cincinnati and Dayton areas and would not interfere
with any other applicable requirement of the CAA, and thus, are
approvable under CAA section 110(l). EPA also finds that there is good
cause for this action to become effective
[[Page 16933]]
immediately upon publication. The immediate effective date for this
action is authorized under 5 U.S.C. 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 553(d) is to give affected
parties a reasonable time to adjust their behavior and prepare before
the final rule takes effect. RVP control requirements are summer
control programs that are generally implemented during the summer ozone
season beginning on June 1 at retail gasoline stations. In order to
meet the June 1st requirement at retail gasoline stations, upstream
fuel distributers need to be able to have compliant RVP fuel available
starting on May 1st. Making this rule effective before the beginning of
the summer ozone season, will allow the regulated industry to avoid
having to address multiple RVP requirements during the 2017 ozone
season. For this reason, 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.
IV. Impacts on the Boutique Fuels List 1
---------------------------------------------------------------------------
\1\ On December 28, 2006 EPA published an FR notice establishing
the Boutique Fuels List. (See 71 FR 78195.)
---------------------------------------------------------------------------
A. Removal of Gasoline Volatility Requirements in the Cincinnati and
Dayton Ozone Areas
As explained at proposal, EPA is required to remove a fuel type
from the Boutique Fuels List if it ceases to be included in a SIP. (CAA
section 211(c)(4)(C)(v)(III). Ohio's 7.8 psi RVP fuel program that is
the subject of this final rule is one of the fuel types on the Boutique
Fuels List. EPA has also approved the 7.8 psi RVP fuel type into
several states SIPs. On the effective date of this rule, Ohio's 7.8 psi
RVP fuel rule will be removed from the approved SIP and we will also
remove the entry for Ohio's RVP rule from the boutique fuel list which
is available at: https://www.epa.gov/gasoline-standards/state-fuels.
However, the 7.8 psi RVP fuel type will remain on the boutique fuel
list because it continues to be included in several other states SIPs.
We will also update the Gasoline Reid Vapor Pressure Web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure) on the
effective date of this final rule to remove the counties in the
Cincinnati and Dayton ozone areas from the list of areas where lower
RVP gasoline is required.
B. Removal of Gasoline Volatility Standards Applicable in the Illinois
Portion the St. Louis, MO-IL Ozone Area
As previously explained, EPA is required to remove a fuel type from
the Boutique Fuels List when it ceases to be included in a SIP. The 7.2
psi RVP fuel type is included on the Boutique Fuels List. (See 71 FR
78199). On October 6, 2014, EPA published a direct final rule to remove
Illinois' 7.2 psi low RVP regulation from the State's SIP for its
portion of the St. Louis, MO-IL ozone area. (See 79 FR 60065.) The
removal became effective on December 5, 2014.
Illinois was the only state with such a fuel type in its approved
SIP. EPA intends to publish a separate notice to remove the 7.2 psi RVP
fuel type from the list of boutique fuels.\2\ Removal of this fuel type
from the list creates room that could allow for a new fuel type to be
approved and added to the list. Approval of a new fuel type into a SIP
would be subject to certain restrictions as described in the December
28, 2006, Federal Register notice that established the list of boutique
fuels. (See 71 FR 78193).
---------------------------------------------------------------------------
\2\ EPA has previously updated its State Fuels and Gasoline Reid
Vapor Pressure Web pages to reflect the removal of the 7.2 psi RVP
requirement from the Illinois SIP.
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V. 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 the Ohio
Regulations described in the proposed amendments to 40 CFR part 52 set
forth below. 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 by the Director of the
Federal Register in the next update to the SIP compilation.\3\ EPA has
made, and will continue to make, these materials generally available
through www.regulations.gov and/or at the EPA Region 5 Office (please
contact the person identified in the For Further Information Contact
section of this preamble for more information).
---------------------------------------------------------------------------
\3\ 62 FR 27968 (May 22, 1997).
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VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations 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:
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);
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 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
[[Page 16934]]
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 June 6, 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
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Volatile organic compounds.
Dated: March 23, 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
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. In Sec. 52.1870 the table in paragraph (c) is amended under
``Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements'' by
revising the entry for 3745-72-01 ``Applicability'' to read as follows:
Sec. 52.1870 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
Ohio
Ohio citation Title/subject effective EPA approval date Notes
date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements
----------------------------------------------------------------------------------------------------------------
* * * * * * *
3745-72-01................. Applicability........ 8/1/2016 4/7/2017, [Insert Only (A) to (C).
Federal Register
citation].
* * * * * * *
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* * * * *
[FR Doc. 2017-06889 Filed 4-6-17; 8:45 am]
BILLING CODE 6560-50-P