Approval and Promulgation of Implementation Plans; Louisiana; Volatile Organic Compounds Rule Revision and Stage II Vapor Recovery, 40949-40953 [2017-17844]
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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations
(77 FR 26413, May 4, 2012) promotes
international regulatory cooperation to
meet shared challenges involving
health, safety, labor, security,
environmental, and other issues and to
reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The FAA has analyzed
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
D. Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs
This rule is not subject to the
requirements of EO 13771 (82 FR 9339,
February 3, 2017) because it is issued
with respect to a national security
function of the United States.
VIII. Additional Information
A. Availability of Rulemaking
Documents
An electronic copy of a rulemaking
document may be obtained by using the
Internet—
• Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
• Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies or
• Accessing the Government
Publishing Office’s Web page at https://
www.fdsys.gov.
Copies may also be obtained by
sending a request (identified by docket
or amendment number of the rule) to
the Federal Aviation Administration,
Office of Rulemaking, ARM–1, 800
Independence Avenue SW.,
Washington, DC 20591, or by calling
(202) 267–9677.
Except for classified material, all
documents the FAA considered in
developing this rule, including
economic analyses and technical
reports, may be accessed from the
Internet through the Federal
eRulemaking Portal referenced above.
jstallworth on DSKBBY8HB2PROD with RULES
B. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act of 1996
(SBREFA) requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
section at the beginning of the preamble.
You can find out more about SBREFA
on the Internet at: https://www.faa.gov/
VerDate Sep<11>2014
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regulations_policies/rulemaking/sbre_
act/.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Freight, Syria.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of Title 14, Code of
Federal Regulations, as follows:
PART 91—GENERAL OPERATING AND
FLIGHT RULES
1. The authority citation for part 91
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 1155,
40101, 40103, 40105, 40113, 40120, 44101,
44111, 44701, 44704, 44709, 44711, 44712,
44715, 44716, 44717, 44722, 46306, 46315,
46316, 46504, 46506–46507, 47122, 47508,
47528–47531, 47534, Pub. L. 114–190, 130
Stat. 615 (49 U.S.C. 44703 note); articles 12
and 29 of the Convention on International
Civil Aviation (61 Stat. 1180), (126 Stat. 11).
2. In part 91, subpart M, add § 91.1609
to read as follows:
■
§ 91.1609 Special Federal Aviation
Regulation No. 114—Prohibition Against
Certain Flights in the Damascus (OSTT)
Flight Information Region (FIR).
(a) Applicability. This section applies
to the following persons:
(1) All U.S. air carriers and U.S.
commercial operators;
(2) All persons exercising the
privileges of an airman certificate issued
by the FAA, except such persons
operating U.S.-registered aircraft for a
foreign air carrier; and
(3) All operators of civil aircraft
registered in the United States, except
where the operator of such aircraft is a
foreign air carrier.
(b) Flight prohibition. No person may
conduct flight operations in the
Damascus (OSTT) Flight Information
Region (FIR), except as provided in
paragraphs (c) and (d) of this section.
(c) Permitted operations. This section
does not prohibit persons described in
paragraph (a) from conducting flight
operations in the Damascus (OSTT) FIR,
provided that such flight operations are
conducted under a contract, grant, or
cooperative agreement with a
department, agency, or instrumentality
of the U.S. government (or under a
subcontract between the prime
contractor of the department, agency, or
instrumentality, and the person
described in paragraph (a)), with the
approval of the FAA, or under an
exemption issued by the FAA. The FAA
will process requests for approval or
exemption in a timely manner, with the
order of preference being: first, for those
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40949
operations in support of U.S.
government-sponsored activities;
second, for those operations in support
of government-sponsored activities of a
foreign country with the support of a
U.S. government department, agency, or
instrumentality; and third, for all other
operations.
(d) Emergency situations. In an
emergency that requires immediate
decision and action for the safety of the
flight, the pilot in command of an
aircraft may deviate from this section to
the extent required by that emergency.
Except for U.S. air carriers and
commercial operators that are subject to
the requirements of part 119, 121, 125,
or 135 of this chapter, each person who
deviates from this section must, within
10 days of the deviation, excluding
Saturdays, Sundays, and Federal
holidays, submit to the nearest FAA
Flight Standards District Office (FSDO)
a complete report of the operations of
the aircraft involved in the deviation,
including a description of the deviation
and the reasons for it.
(e) Expiration. This SFAR will remain
in effect until December 30, 2018. The
FAA may amend, rescind, or extend this
SFAR No. 114, § 91.1609, as necessary.
Issued under authority provided by 49
U.S.C. 106(f) and (g), 40101(d)(1),
40105(b)(1)(A), and 44701(a)(5), in
Washington, DC, on August 14, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017–18322 Filed 8–28–17; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0167; FRL–9965–62–
Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana;
Volatile Organic Compounds Rule
Revision and Stage II Vapor Recovery
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving revisions submitted by the
State of Louisiana controlling emissions
of volatile organic compounds (VOCs)
and changes to the Stage II gasoline
vapor recovery rule as part of the
Louisiana State Implementation Plan
(SIP).
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This rule is effective on
September 28, 2017.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0167. All
documents in the docket are listed on
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
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Wendy Jacques, (214) 665–7395,
jacques.wendy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
DATES:
I. Background
The background for this action is
discussed in detail in our March 23,
2017, proposal (82 FR 14845). In that
document we proposed to approve
revisions submitted by the State of
Louisiana controlling emissions of
volatile organic compounds (VOCs) and
changes to the Stage II gasoline vapor
recovery rule as part of the Louisiana
State Implementation Plan (SIP).
We received comments on the
proposal. Our response to the comments
are below.
jstallworth on DSKBBY8HB2PROD with RULES
II. Response to Comments
Comment: We received three
comments opposing our SIP revision.
The commenters expressed concerns
that our approval would make air
quality worse.
Response: As discussed in our
proposal and technical support
document we do not believe our
approval would worsen air quality.
Under CAA section 110(l) we can
approve a SIP revision if it would not
interfere with any applicable
requirement concerning attainment and
reasonable further progress or any other
applicable requirement under the CAA.
Consequently, the SIP-approved Stage
II vapor recovery programs cannot be
revised or removed unless it is
demonstrated that revision or removal
of such program from the SIP would not
interfere with any applicable
requirement under the CAA. While
Louisiana’s submittal is not requesting
the withdrawal of its Stage II rule for
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these parishes, this SIP revision is
requesting revisions to Louisiana’s Stage
II requirements, and thus this revision
must be shown to satisfy 110(l) of the
CAA. We evaluated the SIP revision and
found that it satisfies 110(l) of the CAA.
Stage II refers to vapor recovery
systems on gasoline dispensing
equipment for the control of emissions
during the refueling of vehicles. This
SIP revision provides an exemption to
gasoline dispensing systems that service
solely vehicles equipped with onboard
refueling vapor recovery (ORVR) and is
approvable because this is an equivalent
vapor recovery system. In order for a
system to meet ORVR requirements, the
systems must demonstrate a 95 percent
or greater VOC control efficiency,
equivalent to the control achieved by a
Stage II system; thus, there will be no
increase in emissions as a result of this
SIP revision. During the phase-in of
ORVR controls, which began in 1997,
Stage II vapor recovery has provided
VOC reductions in ozone nonattainment
areas and certain attainment areas of the
OTR. As more vehicles equipped with
ORVR became part of the fleet, Congress
recognized that Stage II would
eventually become a largely redundant
technology, and provided authority to
the EPA to allow States to substitute
Stage II with ORVR in their SIPs after
EPA finds that ORVR is in widespread
use in the applicable area. EPA made
the determination on May 16, 2012 that
there was widespread use throughout
the country (77 FR 28772). A detailed
discussion of this guidance and the
110(l) demonstration is provided in the
TSD. A copy of this memo is included
in the docket.
Comment: EPA should not be
repealed (sic) or defunded.
Response: The subject matter of this
rulemaking is the control of volatile
organic compounds (VOCs) emissions
and changes to the Stage II gasoline
vapor recovery rule as part of the
Louisiana State Implementation Plan
(SIP). The funding of EPA is outside the
scope of this rulemaking.
III. Final Action
We are approving, into the Louisiana
SIP, rule revisions to Louisiana
Administrative Code Title 33
Environmental Quality Part III, chapters
1, 21, 22 and 25 in the 2008–2010 VOC
Rule revisions submittal and chapter 21
in the 2011–2013 Permit Rule revisions
submittal.
IV. Incorporation by Reference
In this rule, we are finalizing
regulatory text that includes
incorporation by reference. In
accordance with the requirements of 1
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CFR 51.5, we are finalizing the
incorporation by reference of the
revisions to the Louisiana regulations as
described in the Final Action section
above. We have made, and will continue
to make, these documents generally
available electronically through
www.regulations.gov and/or in hard
copy at the EPA Region 6 office.
V. 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.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
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, 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
this action does not involve technical
standards; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
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Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Rules and Regulations
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 October 30, 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,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Dated: August 17, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
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:
■
Subpart T—Louisiana
2. In § 52.970(c), the table titled ‘‘EPA
Approved Regulations in the Louisiana
SIP’’ is amended by:
■ a. Revising the entry for Section 111
and the entries under Chapter 7.
■ b. Removing the entries for Sections
919–919.A.6, 919.B.1, 919.B.2–
919.B.5.g.v, 919.C, and 919.D.–F.
■ c. Adding entries in sequential order
for Sections 1101, 1109, and 2103.
■ d. Removing the entries for Sections
2103.A–2103.B, 2103.C–2103.D.4,
2103.D.4.a, 2103.D.4.b.–2103.D.4.d,
2103.G.1–2103.G.2, 2103.G.3–2103.G.5,
2103.H.2.a.–d, 2103.H.3, 2103.I.6,
2103.I.7, 2107.E.1.–2, 2108.A,
2108.C.2.–2108.C.3, 2108.D.4,
2108.E.1.a.i.–ii. and E.1.b, 2108.E.2,
2108.E.3. and E.5, and 2108.F.1.
■ e. Adding entries in sequential order
for Sections 2017 and 2018.
■ f. Revising the entry for Section
2121.A; the entry for Subchapter C of
Chapter 21; the entries under
Subchapters F, I, and J of Chapter 21;
the entries under Chapter 22; and the
entry for Chapter 25.
The revisions and additions read as
follows:
■
§ 52.970
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP
State citation
*
State
approval
date
Title/subject
*
*
EPA approval date
*
Comments
*
*
*
*
*
*
*
Chapter 1—General Provisions
*
Section 111 ........
*
*
*
*
Definitions ................................ 1/20/2008 ....................
*
*
*
8/29/2017,
[Insert
Register citation].
*
Federal
*
Chapter 7—Ambient Air Quality
Section 701 ........
Section 703 ........
Section 705 ........
jstallworth on DSKBBY8HB2PROD with RULES
Section 707 ........
Section 709 ........
Section 711 ........
VerDate Sep<11>2014
Purpose ....................................
Scope .......................................
Standards: Description of Ambient Air Quality Standards.
Degradation of Ambient Air
Having Higher Quality than
Set Forth in these Sections
Restricted.
Measurement of Concentrations PM10, SO2, CO, Atmospheric Oxidants, NOX,
and Pb.
Tables 1, 1a, and 2—Air Quality.
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03/20/08 ......................
03/20/08 ......................
Dec. 1987, LR13:741 ..
01/28/16, 81 FR 4891 ..............
01/28/16, 81 FR 4891 ..............
03/08/89, 54 FR 09795 ............
Ref 52.999(c)(49).
Dec. 1987, LR13:741 ..
03/08/89, 54 FR 09795 ............
Ref 52.999(c)(49).
9/20/2006 ....................
7/05/2011, 76 FR 38977 ..........
Ref 52.999(c)(50).
9/20/2006 ....................
7/05/2011, 76 FR 38977 ..........
PM2.5 and PM10 standards.
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EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP—Continued
State citation
*
State
approval
date
Title/subject
*
*
EPA approval date
*
Comments
*
*
*
Chapter 11—Control of Emissions From Smoke
Section 1101 ......
Control of Air Pollution from
Smoke: Purpose and Control
of Smoke.
Dec. 1987, LR13:741 ..
03/08/89, 54 FR 09795 ............
Ref 52.999(c)(49).
*
Section 1109 ......
*
*
*
Stack Heights ........................... Dec. 1987, LR13:741 ..
*
03/08/89, 54 FR 09795 ............
*
Ref 52.999(c)(49).
*
*
*
*
*
*
*
*
Chapter 21—Control of Emissions of Organic Compounds
*
Section 2103 ......
*
Storage of Volatile
Compounds.
*
*
Organic 10/20/2010 ..................
*
8/29/2017,
[Insert
Register citation].
Federal
*
Section 2107 ......
*
*
*
Volatile Organic Compounds— 9/20/2008 ....................
Loading.
*
8/29/2017,
[Insert
Register citation].
Federal
Section 2108 ......
Marine Vapor Recovery ...........
9/20/2008 ....................
8/29/2017,
[Insert
Register citation].
*
Section 2121.A ...
*
*
*
Fugitive Emission Control ........ 1/20/2008 ....................
*
8/29/2017,
[Insert
Register citation].
*
*
*
*
Subchapter C
Section 2125 ......
*
Solvent Degreasers .................
*
Section 2131 ......
Section 2132 ......
*
Filling of Gasoline Storage
Vessels.
Stage II Vapor Recovery Systems for Control of Vehicle
Refueling Emissions at Gasoline Dispensing Facilities.
*
Section 2145 ......
Subchapter J
jstallworth on DSKBBY8HB2PROD with RULES
Section 2147 ......
*
Pharmaceutical Manufacturing
Facilities.
8/29/2017,
[Insert
Register citation].
*
8/29/2017,
[Insert
Register citation].
8/29/2017,
[Insert
Register citation].
*
Federal
Federal
*
This rule is approved for fueling/refueling of only 100%
ORVR vehicles.
*
*
Pharmaceutical Manufacturing Facilities
1/20/2008 ....................
8/29/2017,
[Insert
Register citation].
Federal
Limiting VOC Emissions from
SOCMI Reactor Processes
and Distillation Operations.
1/20/2008 ....................
*
8/29/2017,
[Insert
Register citation].
*
Federal
*
*
Chapter 22—Control of Emissions of Nitrogen Oxides (NOX)
VerDate Sep<11>2014
*
Federal
Limiting Volatile Organic Compound (VOC) Emissions From Reactor Processes and Distillation Operations in the
Synthetic Organic Chemical Manufacturing Industry (SOCMI)
*
Section 2201 ......
*
Gasoline Handling
4/20/2011 ....................
Subchapter I
*
*
*
7/20/2010 ....................
*
*
Federal
Solvent Degreasers
*
Subchapter F
*
*
E.1.b., E.1.d. and E.1.e. have
not been submitted for approval into the SIP.
Federal
*
1/20/2008 ....................
*
*
*
2103.E.3 is not included in the
SIP.
Affected Facilities in the Baton
Rouge Nonattainment Area
and the Region of Influence.
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1/20/2008 ....................
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8/29/2017,
[Insert
Register citation].
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Federal
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EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP—Continued
State citation
Title/subject
State
approval
date
EPA approval date
Section 2202 ......
Contingency Plan .....................
1/20/2010 ....................
11/30/11, 76 FR 74000 ............
*
*
*
*
Comments
*
Section 2202 approved in the
Louisiana Register January
20, 2010 (LR 36:63).
*
*
*
*
Chapter 25—Miscellaneous Incinerator Rules
Section 2511 ......
Section 2521 ......
Section 2531 ......
Standards of Performance for
Biomedical Waste Incinerators.
Refuse Incinerators ..................
1/20/2008 ....................
8/29/2017,
[Insert
Register citation].
Federal
1/20/2008 ....................
Federal
Standards of Performance for
Crematories.
1/20/2008 ....................
8/29/2017,
[Insert
Register citation].
8/29/2017,
[Insert
Register citation].
*
*
*
*
*
*
*
*
[FR Doc. 2017–17844 Filed 8–28–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2017–0085; FRL–9966–92–
Region 4]
Air Plan Approval and Air Quality
Designation; TN; Redesignation of the
Knoxville 1997 Annual PM2.5
Nonattainment Area to Attainment
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jstallworth on DSKBBY8HB2PROD with RULES
AGENCY:
SUMMARY: On December 20, 2016,
Tennessee, through the Tennessee
Department of Environment and
Conservation (TDEC), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Knoxville, Tennessee fine
particulate matter (PM2.5) nonattainment
area (hereinafter referred to as the
‘‘Knoxville Area’’ or ‘‘Area’’) to
attainment for the 1997 Annual PM2.5
national ambient air quality standards
(NAAQS) and to approve a state
implementation plan (SIP) revision
containing a maintenance plan, a
reasonably available control measures
(RACM) determination, and sourcespecific requirements for the Area. EPA
is approving Tennessee’s RACM
determination for the Knoxville Area
and incorporating it into the SIP;
incorporating source-specific
requirements for two sources in the
Area into the SIP; determining that the
Knoxville Area is attaining the 1997
VerDate Sep<11>2014
15:04 Aug 28, 2017
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*
*
Annual PM2.5 NAAQS based on 2013–
2015 data; approving Tennessee’s plan
for maintaining the 1997 Annual PM2.5
NAAQS for the Knoxville Area
(maintenance plan), including the
associated motor vehicle emission
budgets (MVEBs) for nitrogen oxides
(NOX) and direct PM2.5 for the years
2014 and 2028, and incorporating it into
the SIP; and redesignating the Knoxville
Area to attainment for the 1997 Annual
PM2.5 NAAQS.
DATES: This rule will be effective August
29, 2017.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2017–0085. All documents in the docket
are listed on the www.regulations.gov
Web site. Although listed in the index,
some information may not be 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.
PO 00000
Frm 00011
Fmt 4700
Federal
Sfmt 4700
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman of the Air Regulatory
Management Section, in the 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. Sean
Lakeman may be reached by phone at
(404) 562–9043, or via electronic mail at
lakeman.sean@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 18, 1997, EPA promulgated
the first air quality standards for PM2.5.
EPA promulgated an annual standard at
a level of 15.0 micrograms per cubic
meter (mg/m3), based on a 3-year average
of annual mean PM2.5 concentrations. In
the same rulemaking, EPA promulgated
a 24-hour standard of 65 mg/m3, based
on a 3-year average of the 98th
percentile of 24-hour concentrations. On
October 17, 2006 (71 FR 61144), EPA
retained the annual average NAAQS at
15.0 mg/m3 but revised the 24-hour
NAAQS to 35 mg/m3, based again on the
3-year average of the 98th percentile of
24-hour concentrations.
On January 5, 2005, at 70 FR 944, and
supplemented on April 14, 2005, at 70
FR 19844, EPA designated the Knoxville
Area as nonattainment for the 1997
Annual PM2.5 NAAQS. All 1997 PM2.5
NAAQS areas were designated under
title I, part D, subpart 1 (hereinafter
‘‘Subpart 1’’). Subpart 1 contains the
general requirements for nonattainment
areas for any pollutant governed by a
NAAQS and is less prescriptive than the
other subparts of title I, part D. On April
25, 2007 (72 FR 20586), EPA
promulgated its Clean Air Fine Particle
Implementation Rule, codified at 40
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Rules and Regulations]
[Pages 40949-40953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17844]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2013-0167; FRL-9965-62-Region 6]
Approval and Promulgation of Implementation Plans; Louisiana;
Volatile Organic Compounds Rule Revision and Stage II Vapor Recovery
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving revisions submitted
by the State of Louisiana controlling emissions of volatile organic
compounds (VOCs) and changes to the Stage II gasoline vapor recovery
rule as part of the Louisiana State Implementation Plan (SIP).
[[Page 40950]]
DATES: This rule is effective on September 28, 2017.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2013-0167. All documents in the docket are
listed on 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 electronically through https://www.regulations.gov or
in hard copy at the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733.
FOR FURTHER INFORMATION CONTACT: Wendy Jacques, (214) 665-7395,
jacques.wendy@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our March
23, 2017, proposal (82 FR 14845). In that document we proposed to
approve revisions submitted by the State of Louisiana controlling
emissions of volatile organic compounds (VOCs) and changes to the Stage
II gasoline vapor recovery rule as part of the Louisiana State
Implementation Plan (SIP).
We received comments on the proposal. Our response to the comments
are below.
II. Response to Comments
Comment: We received three comments opposing our SIP revision. The
commenters expressed concerns that our approval would make air quality
worse.
Response: As discussed in our proposal and technical support
document we do not believe our approval would worsen air quality. Under
CAA section 110(l) we can approve a SIP revision if it would not
interfere with any applicable requirement concerning attainment and
reasonable further progress or any other applicable requirement under
the CAA.
Consequently, the SIP-approved Stage II vapor recovery programs
cannot be revised or removed unless it is demonstrated that revision or
removal of such program from the SIP would not interfere with any
applicable requirement under the CAA. While Louisiana's submittal is
not requesting the withdrawal of its Stage II rule for these parishes,
this SIP revision is requesting revisions to Louisiana's Stage II
requirements, and thus this revision must be shown to satisfy 110(l) of
the CAA. We evaluated the SIP revision and found that it satisfies
110(l) of the CAA.
Stage II refers to vapor recovery systems on gasoline dispensing
equipment for the control of emissions during the refueling of
vehicles. This SIP revision provides an exemption to gasoline
dispensing systems that service solely vehicles equipped with onboard
refueling vapor recovery (ORVR) and is approvable because this is an
equivalent vapor recovery system. In order for a system to meet ORVR
requirements, the systems must demonstrate a 95 percent or greater VOC
control efficiency, equivalent to the control achieved by a Stage II
system; thus, there will be no increase in emissions as a result of
this SIP revision. During the phase-in of ORVR controls, which began in
1997, Stage II vapor recovery has provided VOC reductions in ozone
nonattainment areas and certain attainment areas of the OTR. As more
vehicles equipped with ORVR became part of the fleet, Congress
recognized that Stage II would eventually become a largely redundant
technology, and provided authority to the EPA to allow States to
substitute Stage II with ORVR in their SIPs after EPA finds that ORVR
is in widespread use in the applicable area. EPA made the determination
on May 16, 2012 that there was widespread use throughout the country
(77 FR 28772). A detailed discussion of this guidance and the 110(l)
demonstration is provided in the TSD. A copy of this memo is included
in the docket.
Comment: EPA should not be repealed (sic) or defunded.
Response: The subject matter of this rulemaking is the control of
volatile organic compounds (VOCs) emissions and changes to the Stage II
gasoline vapor recovery rule as part of the Louisiana State
Implementation Plan (SIP). The funding of EPA is outside the scope of
this rulemaking.
III. Final Action
We are approving, into the Louisiana SIP, rule revisions to
Louisiana Administrative Code Title 33 Environmental Quality Part III,
chapters 1, 21, 22 and 25 in the 2008-2010 VOC Rule revisions submittal
and chapter 21 in the 2011-2013 Permit Rule revisions submittal.
IV. Incorporation by Reference
In this rule, we are finalizing regulatory text that includes
incorporation by reference. In accordance with the requirements of 1
CFR 51.5, we are finalizing the incorporation by reference of the
revisions to the Louisiana regulations as described in the Final Action
section above. We have made, and will continue to make, these documents
generally available electronically through www.regulations.gov and/or
in hard copy at the EPA Region 6 office.
V. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the 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, 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 this action does not involve technical standards; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible
[[Page 40951]]
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 October 30, 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, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: August 17, 2017.
Samuel Coleman,
Acting Regional Administrator, Region 6.
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 T--Louisiana
0
2. In Sec. 52.970(c), the table titled ``EPA Approved Regulations in
the Louisiana SIP'' is amended by:
0
a. Revising the entry for Section 111 and the entries under Chapter 7.
0
b. Removing the entries for Sections 919-919.A.6, 919.B.1, 919.B.2-
919.B.5.g.v, 919.C, and 919.D.-F.
0
c. Adding entries in sequential order for Sections 1101, 1109, and
2103.
0
d. Removing the entries for Sections 2103.A-2103.B, 2103.C-2103.D.4,
2103.D.4.a, 2103.D.4.b.-2103.D.4.d, 2103.G.1-2103.G.2, 2103.G.3-
2103.G.5, 2103.H.2.a.-d, 2103.H.3, 2103.I.6, 2103.I.7, 2107.E.1.-2,
2108.A, 2108.C.2.-2108.C.3, 2108.D.4, 2108.E.1.a.i.-ii. and E.1.b,
2108.E.2, 2108.E.3. and E.5, and 2108.F.1.
0
e. Adding entries in sequential order for Sections 2017 and 2018.
0
f. Revising the entry for Section 2121.A; the entry for Subchapter C of
Chapter 21; the entries under Subchapters F, I, and J of Chapter 21;
the entries under Chapter 22; and the entry for Chapter 25.
The revisions and additions read as follows:
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State approval date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 1--General Provisions
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 111............ Definitions...... 1/20/2008..................... 8/29/2017, .................
[Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 7--Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
Section 701............ Purpose.......... 03/20/08...................... 01/28/16, 81 FR .................
4891.
Section 703............ Scope............ 03/20/08...................... 01/28/16, 81 FR .................
4891.
Section 705............ Standards: Dec. 1987, LR13:741........... 03/08/89, 54 FR Ref
Description of 09795. 52.999(c)(49).
Ambient Air
Quality
Standards.
Section 707............ Degradation of Dec. 1987, LR13:741........... 03/08/89, 54 FR Ref
Ambient Air 09795. 52.999(c)(49).
Having Higher
Quality than Set
Forth in these
Sections
Restricted.
Section 709............ Measurement of 9/20/2006..................... 7/05/2011, 76 FR Ref
Concentrations 38977. 52.999(c)(50).
PM10, SO2, CO,
Atmospheric
Oxidants, NOX,
and Pb.
Section 711............ Tables 1, 1a, and 9/20/2006..................... 7/05/2011, 76 FR PM2.5 and PM10
2--Air Quality. 38977. standards.
[[Page 40952]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 11--Control of Emissions From Smoke
----------------------------------------------------------------------------------------------------------------
Section 1101........... Control of Air Dec. 1987, LR13:741........... 03/08/89, 54 FR Ref
Pollution from 09795. 52.999(c)(49).
Smoke: Purpose
and Control of
Smoke.
* * * * * * *
Section 1109........... Stack Heights.... Dec. 1987, LR13:741........... 03/08/89, 54 FR Ref
09795. 52.999(c)(49).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 21--Control of Emissions of Organic Compounds
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 2103........... Storage of 10/20/2010.................... 8/29/2017, 2103.E.3 is not
Volatile Organic [Insert Federal included in the
Compounds. Register SIP.
citation].
* * * * * * *
Section 2107........... Volatile Organic 9/20/2008..................... 8/29/2017, E.1.b., E.1.d.
Compounds--Loadi [Insert Federal and E.1.e. have
ng. Register not been
citation]. submitted for
approval into
the SIP.
Section 2108........... Marine Vapor 9/20/2008..................... 8/29/2017, .................
Recovery. [Insert Federal
Register
citation].
* * * * * * *
Section 2121.A......... Fugitive Emission 1/20/2008..................... 8/29/2017, .................
Control. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter C Solvent Degreasers
----------------------------------------------------------------------------------------------------------------
Section 2125........... Solvent 1/20/2008..................... 8/29/2017, .................
Degreasers. [Insert Federal
Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter F Gasoline Handling
----------------------------------------------------------------------------------------------------------------
Section 2131........... Filling of 7/20/2010..................... 8/29/2017, .................
Gasoline Storage [Insert Federal
Vessels. Register
citation].
Section 2132........... Stage II Vapor 4/20/2011..................... 8/29/2017, This rule is
Recovery Systems [Insert Federal approved for
for Control of Register fueling/
Vehicle citation]. refueling of
Refueling only 100% ORVR
Emissions at vehicles.
Gasoline
Dispensing
Facilities.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Subchapter I Pharmaceutical Manufacturing Facilities
----------------------------------------------------------------------------------------------------------------
Section 2145........... Pharmaceutical 1/20/2008..................... 8/29/2017, .................
Manufacturing [Insert Federal
Facilities. Register
citation].
----------------------------------------------------------------------------------------------------------------
Subchapter J Limiting Volatile Organic Compound (VOC) Emissions From Reactor Processes and Distillation
Operations in the Synthetic Organic Chemical Manufacturing Industry (SOCMI)
----------------------------------------------------------------------------------------------------------------
Section 2147........... Limiting VOC 1/20/2008..................... 8/29/2017, .................
Emissions from [Insert Federal
SOCMI Reactor Register
Processes and citation].
Distillation
Operations.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 22--Control of Emissions of Nitrogen Oxides (NOX)
----------------------------------------------------------------------------------------------------------------
Section 2201........... Affected 1/20/2008..................... 8/29/2017, .................
Facilities in [Insert Federal
the Baton Rouge Register
Nonattainment citation].
Area and the
Region of
Influence.
[[Page 40953]]
Section 2202........... Contingency Plan. 1/20/2010..................... 11/30/11, 76 FR Section 2202
74000. approved in the
Louisiana
Register January
20, 2010 (LR
36:63).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Chapter 25--Miscellaneous Incinerator Rules
----------------------------------------------------------------------------------------------------------------
Section 2511........... Standards of 1/20/2008..................... 8/29/2017, .................
Performance for [Insert Federal
Biomedical Waste Register
Incinerators. citation].
Section 2521........... Refuse 1/20/2008..................... 8/29/2017, .................
Incinerators. [Insert Federal
Register
citation].
Section 2531........... Standards of 1/20/2008..................... 8/29/2017, .................
Performance for [Insert Federal
Crematories. Register
citation].
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2017-17844 Filed 8-28-17; 8:45 am]
BILLING CODE 6560-50-P
