Approval of Louisiana's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Several Parishes, 60886-60890 [2017-27628]

Download as PDF 60886 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations TABLE 2 TO SUBPART NNN OF PART 63—EMISSION LIMITS AND COMPLIANCE DATES—Continued If your source is a: And you commenced construction: Your emission limits are: 1 And you must comply by: 2 18. Flame-attenuation line manufacturing an OEM product. On or before November 25, 2011. 19. Flame-attenuation line manufacturing an OEM product. After November 25, 2011 ... 5.0 lb formaldehyde per ton of pulled 5.7 lb methanol per ton of pulled 31 lb phenol per ton of pulled. 2.9 lb formaldehyde per ton of pulled 1.1 lb methanol per ton of pulled 22 lb phenol per ton of pulled. glass glass glass December 26, 2020. glass glass glass December 26, 2017.4 1 The numeric limits do not apply during startup and shutdown. sources must demonstrate compliance by the compliance dates specified in this table. New sources have 180 days after the applicable compliance date to demonstrate compliance. * * * * * * * 4 Or initial startup, whichever is later. 5 This limit does not apply after December 26, 2020. 2 Existing [FR Doc. 2017–27797 Filed 12–22–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [EPA–HQ–OAR–2016–0683; FRL–9971–92– OAR] RIN 2060–AT61 Approval of Louisiana’s Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Several Parishes Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve an April 10, 2017 request from the Louisiana Department of Environmental Quality (LDEQ) to relax the Federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for the following parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary. Specifically, EPA is approving SUMMARY: amendments to the regulations to allow the gasoline RVP standard for these 11 parishes to rise from 7.8 pounds per square inch (psi) to 9.0 psi. EPA has determined that this change to the Federal gasoline RVP volatility regulation is consistent with the applicable provisions of the Clean Air Act (CAA). LDEQ has also requested that EPA relax gasoline volatility requirements for the 5-parish Baton Rouge area, and EPA will address that request in a separate rulemaking in the future. DATES: This final rule is effective on January 25, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2016–0683. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed in the index, some information may not be publicly available, e.g., Confidential Business Information (CBI) 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 electronically through https:// www.regulations.gov/. FOR FURTHER INFORMATION CONTACT: Dave Sosnowski, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: (734) 214–4823; fax number: (734) 214– 4052; email address: sosnowski.dave@ epa.gov. You may also contact Rudolph Kapichak at the same address; telephone number: (734) 214–4574; fax number: (734) 214–4052; email address: kapichak.rudolph@epa.gov. The contents of this preamble are listed in the following outline: SUPPLEMENTARY INFORMATION: I. General Information II. Action Being Taken III. History of the Gasoline Volatility Requirement IV. EPA’s Policy Regarding Relaxation of Gasoline Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas V. Louisiana’s Request to Relax the Federal Gasoline RVP Requirement for Several Parishes VI. Response to Comments VII. Final Action VIII. Statutory and Executive Order Reviews IX. Legal Authority and Statutory Provisions I. General Information A. Does this action apply to me? Entities potentially affected by this rule are fuel producers and distributors who do business in Louisiana. NAICS 1 Codes Examples of potentially regulated entities ethrower on DSK3G9T082PROD with RULES Petroleum refineries ....................................................................................................................................................................... Gasoline Marketers and Distributors ............................................................................................................................................. Gasoline Retail Stations ................................................................................................................................................................ Gasoline Transporters ................................................................................................................................................................... 1 North 324110, 424710 424720 447110 484220, 484230 American Industry Classification System. The above table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. The table lists VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 the types of entities of which EPA is aware that could be affected by this rule. Other types of entities not listed on the table could also be affected. To PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 determine whether your organization may be affected by this rule, you should carefully examine the regulations in 40 CFR 80.27. If you have questions E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations regarding the applicability of this action to a particular entity, call the person listed in the FOR FURTHER INFORMATION CONTACT section of this preamble. B. What is EPA’s authority for taking this action? The statutory authority for this action is granted to EPA by sections 211(h) and 301(a) of the CAA, as amended; 42 U.S.C. 7545(h) and 7601(a). ethrower on DSK3G9T082PROD with RULES II. Action Being Taken This final rule approves a request from the state of Louisiana to change the federal RVP standard for the parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary from 7.8 psi to 9.0 psi by amending EPA’s regulations at 40 CFR 80.27(a)(2). EPA is not addressing in this final rule LDEQ’s request that EPA also relax the federal RVP standard for the 5-parish Baton Rouge area. EPA will address that request in a separate rulemaking in the future. The preamble for this rulemaking is organized as follows: Section III, provides the history of the federal gasoline volatility regulation; Section IV, describes the policy regarding relaxation of volatility standards in ozone nonattainment areas that are redesignated as attainment areas; Section V, provides information specific to Louisiana’s request for the 11 parishes addressed by this action; Section VI, provides a response to the comments EPA received; and Section VII, presents the final action in response to Louisiana’s request. III. History of the Gasoline Volatility Requirement On August 19, 1987 (52 FR 31274), EPA determined that gasoline nationwide was becoming increasingly volatile, causing an increase in evaporative emissions from gasolinepowered vehicles and equipment. Evaporative emissions from gasoline, referred to as volatile organic compounds (VOCs), are precursors to the formation of tropospheric ozone and contribute to the nation’s ground-level ozone problem. Exposure to groundlevel ozone can reduce lung function, thereby aggravating asthma and other respiratory conditions, increase susceptibility to respiratory infection, and may contribute to premature death in people with heart and lung disease. The most common measure of fuel volatility that is useful in evaluating gasoline evaporative emissions is RVP. Under CAA section 211(c), EPA promulgated regulations on March 22, 1989 (54 FR 11868) that set maximum VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 limits for the RVP of gasoline sold during the regulatory control periods that were established on a state-by-state basis in the final rule. The regulatory control periods addressed the portion of the year when peak ozone concentrations were expected. These regulations constituted Phase I of a twophase nationwide program, which was designed to reduce the volatility of gasoline during the high ozone season. On June 11, 1990 (55 FR 23658), EPA promulgated more stringent volatility controls as Phase II of the volatility control program. These requirements established maximum gasoline RVP standards of 9.0 psi or 7.8 psi (depending on the state, the month, and the area’s initial ozone attainment designation with respect to the 1-hour ozone NAAQS). The 1990 CAA Amendments established a new section 211(h) to address fuel volatility. CAA section 211(h) requires EPA to promulgate regulations making it unlawful to sell, offer for sale, dispense, supply, offer for supply, transport, or introduce into commerce gasoline with an RVP level in excess of 9.0 psi during the high ozone season. CAA section 211(h) also prohibits EPA from establishing a volatility standard more stringent than 9.0 psi in an attainment area, except that EPA may impose a lower (more stringent) standard in any former ozone nonattainment area redesignated to attainment. On December 12, 1991 (56 FR 64704), EPA modified the Phase II volatility regulations to be consistent with CAA section 211(h). The modified regulations prohibited the sale of gasoline with an RVP above 9.0 psi in all areas designated attainment for ozone, effective January 13, 1992. For areas designated as nonattainment, the regulations retained the original Phase II standards published on June 11, 1990 (55 FR 23658), which included the 7.8 psi ozone season limitation for certain areas. As stated in the preamble to the Phase II volatility controls and reiterated in the proposed change to the volatility standards published in 1991, EPA will rely on states to initiate changes to their respective volatility programs. EPA’s policy for approving such changes is described below in Section IV. of this preamble. The state of Louisiana initiated the change being finalized in this action by requesting that EPA relax the 7.8 psi RVP standard to 9.0 psi for the parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary. See Section V. of PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 60887 this preamble for information specific to Louisiana’s request. IV. EPA’s Policy Regarding Relaxation of Gasoline Volatility Standards in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas As stated in the preamble for EPA’s amended Phase II volatility standards (See 56 FR 64706, December 12, 1991), any change in the gasoline volatility standard for a nonattainment area that was subsequently redesignated as an attainment area must be accomplished through a separate rulemaking that revises the applicable standard for that area. Thus, for former 1-hour ozone nonattainment areas where EPA mandated a Phase II summertime volatility standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the federal 7.8 psi gasoline RVP requirement remains in effect, even after such an area is redesignated to attainment, until a separate rulemaking is completed that relaxes the federal RVP standard in that area from 7.8 psi to 9.0 psi. As explained in the December 12, 1991 rulemaking, EPA believes that relaxation of an applicable gasoline RVP standard is best accomplished in conjunction with the redesignation process. In order for an ozone nonattainment area to be redesignated as an attainment area, CAA section 107(d)(3) requires the state to make a showing, pursuant to CAA section 175A, that the area is capable of maintaining attainment for the ozone NAAQS for ten years. Depending on the area’s circumstances, this maintenance plan will either demonstrate that the area is capable of maintaining attainment for ten years without the more stringent volatility standard or that the more stringent volatility standard may be necessary for the area to maintain its attainment with the ozone NAAQS. Therefore, in the context of a request for redesignation, EPA will not relax the gasoline volatility standard unless the state requests a relaxation and the maintenance plan demonstrates to the satisfaction of EPA that the area will maintain attainment for ten years without the need for the more stringent volatility standard. As explained in the proposal to this final rule, some former 1-hour ozone nonattainment areas that remain subject to the federal summertime RVP limit of 7.8 psi have been designated as attainment areas for both the 1997 and 2008 ozone NAAQS and based on the latest available air quality data are also attaining the more stringent 2015 ozone NAAQS. These states submitted, and EPA approved, CAA section 110(a)(1) E:\FR\FM\26DER1.SGM 26DER1 60888 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations maintenance plans for these areas, as required by the Phase 1 implementation rule for the 1997 ozone NAAQS (69 FR 23951, April 30, 2004). As further explained at proposal, EPA has concluded that there is neither an implementation plan revision nor a CAA section 110(l) demonstration required in order for EPA to approve a state’s request to relax the federal summertime gasoline RVP limit under the circumstances described above for such areas as these 11 parishes. Rather, in order for EPA to approve a request to relax the federal RVP limit for such areas, the Governor or his/her designee must request that the Administrator revise the federal gasoline RVP regulations to remove the subject areas from the list of required areas in 40 CFR 80.27(a)(2). The state may provide any relevant supporting information such as recent air quality data, designation status for ozone and information on previously approved ozone maintenance plans. The Administrator’s decision on whether to grant a state’s request to revise the federal gasoline RVP regulations in such cases would be documented through notice-andcomment rulemaking. See the August 9, 2017 proposal for further background (82 FR 37184). V. Louisiana’s Request To Relax the Federal Gasoline RVP Requirement for Several Parishes ethrower on DSK3G9T082PROD with RULES On April 10, 2017, LDEQ requested that EPA relax the current federal gasoline RVP volatility standard of 7.8 psi to 9.0 psi for 16 Louisiana parishes, the 5 parishes of the Baton Rouge area, and 11 other parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary. These other 11 parishes attained the 1-hour ozone NAAQS and were redesignated to attainment with approved CAA section 175A maintenance plans. They were then designated as attainment for the 1997 ozone NAAQS. As such, the State was required by EPA’s Phase 1 rule, which implemented the 1997 ozone NAAQS, to submit CAA section 110(a)(1) maintenance plans for these parishes that addressed the 10-year period from 2004 to 2014. (See 69 FR 23951, April 30, 2004.) 2 The Phase 1 implementation 2 For more information on Louisiana’s CAA section 110(a)(1) maintenance plans for the individual parishes under the 1997 ozone NAAQS, please refer to the following Federal Register notices approving the maintenance plans for the parishes listed parenthetically after the citation: 72 FR 62579, November 6, 2007 (Beauregard and St. Mary Parishes); 73 FR 15411, March 24, 2008 (Lafayette and Lafourche Parishes); 78 FR 57058 VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 rule for the 1997 ozone NAAQS did not require Louisiana to submit second 10year CAA section 175A maintenance plans for the 1-hour ozone NAAQS for these parishes. In 2012, all 11 parishes were designated as attainment for the 2008 ozone NAAQS. Because they were designated as attainment for both the 1997 and 2008 ozone NAAQS, they were not required to submit a CAA section 110(a)(1) maintenance plan for the 2008 ozone NAAQS. Therefore, as explained earlier above, these parishes are no longer within the timeframe that was addressed by any approved maintenance plan for any ozone NAAQS. The 11 parishes that are the subject of this action are all attaining the more stringent 2015 ozone NAAQS, and the State did not recommend that any of these 11 parishes be designated as nonattainment for the 2015 ozone NAAQS.3 EPA’s August 9, 2017 proposal included several pieces of information that supports the State’s request: • The current ozone design values for the parishes in question, based upon 2013–2015 air quality data are well below the 2015 ozone NAAQS of 70 parts-per-billion (ppb). For more information on current design values for the 11 parishes refer to Table 1 in the August 9, 2017 proposal (82 FR 37186). • Moreover, the projections for VOC emissions (i.e., the ozone precursor controlled through RVP limitations) from the previously approved CAA section 110(a)(1) maintenance plans for the 1997 ozone NAAQS for the areas covered by the State’s request show relatively flat or downward VOC emissions trends through 2014. For more information on trends in VOC emissions in the 11 parishes refer to Table 2 in the August 9, 2017 notice of proposed rulemaking (82 FR 37187). • There are also national rules that result in VOC and/or NOx emission reductions that will contribute to the downward trend in ozone concentrations in the 11 parishes into the future. See EPA’s August 9, 2017 proposal for further information (82 FR 37184). VI. Response to Comments EPA received four comments on its August 9, 2017 (82 FR 37184) proposal September 17, 2008 (Pointe Coupee Parish); 73 FR 53403 September 16, 2008 (New Orleans Parish); and 73 FR 59518 (Calcasieu and St. James Parishes). 3 On September 29, 2015, Louisiana submitted a letter to EPA recommending designations for the 2015 ozone NAAQS. The State recommended that all of the 11 parishes addressed in this action be designated as unclassifiable/attainment. The letter is available at: https://www.epa.gov/ozonedesignations/ozone-designations-2015-standardslouisiana-state-recommendations. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 to relax the gasoline RVP standard from 7.8 psi to 9.0 psi. EPA found that these comments were either supportive of the proposed change or fell outside the scope of this action as discussed further below. Comment: An organization representing the Louisiana oil and gas industry provided comments in support of the proposed relaxation of summertime gasoline RVP from 7.8 to 9.0 psi. Response: EPA acknowledges that the commenter supported the proposal. Comment: EPA received two sets of comments that were not related to any of the issues addressed in the proposal, while a third expressed general disagreement with relaxing any environmental regulations for any reason without addressing the specific issue of the subject RVP relaxation. Response: Regarding the generic objection to the relaxation of environmental regulations, EPA deemed this outside the scope of the proposal because it did not address EPA’s conclusion that approving the proposed relaxation would not adversely impact air quality in the covered areas, nor would it interfere with those areas’ ability to meet any other applicable NAAQS. As discussed above and in the proposal, EPA has concluded based on current air quality data and available VOC and NOx emissions information that the RVP relaxation will not have any appreciable effect on air quality in the 11 parishes, and therefore, the requested relaxation is approvable. VII. Final Action EPA is taking final action to approve Louisiana’s request for the Agency to relax the RVP applicable to gasoline introduced into commerce from June 1 to September 15 of each year for the parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary. Specifically, this action amends the applicable gasoline RVP standard from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the 11 named parishes. This approval is based on the redesignation of the named areas to attainment of the 1-hour ozone NAAQS and their designation as attainment for the 1997 and 2008 ozone NAAQS. Additionally, recent air quality data from monitors in the parishes demonstrates that they are attaining the 2015 ozone NAAQS of 70 ppb. Lastly, emission reductions from national rules aimed at reducing VOCs and NOx that were not previously claimed or accounted for in the State’s projection of air quality trends for its maintenance plans will ensure E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations continued attainment of the 2015 ozone NAAQS. VIII. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is considered an Executive Order 13771 deregulatory action. This final rule provides meaningful burden reduction because it relaxes the federal RVP standard for gasoline, and as a result, fuel suppliers will no longer be required to provide 7.8 psi lower RVP gasoline in the 11 parishes during the summer months (June 1st through September 15th). Relaxing the volatility requirements will also be beneficial because this action can improve the fungibility of gasoline sold in the State of Louisiana by allowing the gasoline sold in the 11 named parishes to be identical to the fuel sold in most of the remainder of the State. ethrower on DSK3G9T082PROD with RULES C. Paperwork Reduction Act (PRA) This action does not impose an information collection burden under PRA, because it does not contain any information collection activities. D. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. The small entities subject to the requirements of this action are refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale in Louisiana and gasoline distributers and retail stations in Louisiana. This action relaxes the federal RVP standard for gasoline sold in 11 Louisiana parishes during the high ozone season. This rule does not impose any requirements or create impacts on small entities beyond those, if any, VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 already required by or resulting from the CAA section 211(h) Volatility Control program. We have therefore concluded that this action will have no net regulatory burden for all directly regulated small entities. E. Unfunded Mandates Reform Act (UMRA) This final rule does not contain an unfunded mandate of $100 million or more as described in UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action implements mandates specifically and explicitly set forth in CAA section 211(h) without the exercise of any policy discretion by the EPA. F. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This final rule will affect only those refiners, importers or blenders of gasoline that choose to produce or import low RVP gasoline for sale and gasoline distributers and retail stations in the 11 Louisiana parishes. Thus, Executive Order 13175 does not apply to this action. H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. EPA has no reason to believe that this action may disproportionately affect children based on available ozone air quality data and VOC and NOX emissions information. EPA has concluded that a relaxation of the gasoline RVP will not interfere with the attainment of the ozone NAAQS, or any other applicable CAA requirement in these 11 Louisiana parishes. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 60889 I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211 because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, lowincome populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not affect the applicable ozone NAAQS which establish the level of protection provided to human health or the environment. This rule relaxes the applicable volatility standard of gasoline during the high ozone season (June 1 to September 15 of each year). EPA has concluded that the relaxation will not cause a measurable increase in ozone concentrations that would result in a violation of any ozone NAAQS including the 2008 ozone NAAQS or the more stringent 2015 ozone NAAQS. Therefore, disproportionately high and adverse human health or environmental effects on minority or low-income populations are not an anticipated result. L. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). M. Petitions for Judicial Review 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 February 26, 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 CAA section 307(b)(2). E:\FR\FM\26DER1.SGM 26DER1 60890 Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations pollution, Penalties, Reporting and recordkeeping requirements. IX. Legal Authority and Statutory Provisions The statutory authority for this action is granted to EPA by sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 7545(h) and 7601(a). List of Subjects in 40 CFR Part 80 Environmental protection, Administrative practice and procedure, Air pollution control, Fuel additives, Gasoline, Motor vehicle and motor vehicle engines, Motor vehicle Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a). Dated: December 15, 2017. E. Scott Pruitt, Administrator. ■ For the reasons set out in the preamble, title 40, chapter I of the Code of Federal Regulations is amended as follows: 2. Section 80.27 is amended in the table in paragraph (a)(2)(ii) by revising the entries for ‘‘Louisiana’’ to read as follows: § 80.27 Controls and prohibitions on gasoline volatility. (a) * * * (2) * * * (ii) * * * PART 80—REGULATION OF FUELS AND FUEL ADDITIVES 1. The authority citation for part 80 continues to read as follows: ■ APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS State May * * * Louisiana: Grant Parish 4 ................................................................ 11 Other Louisiana Parishes 11 ..................................... All other volatility nonattainment areas ......................... * * * June * July August * 9.0 9.0 9.0 * * 9.0 9.0 7.8 9.0 9.0 7.8 * September * ........................ ........................ ........................ * 9.0 9.0 7.8 * 1 Standards are expressed in pounds per square inch (psi). * * * * * * * standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi. * * * * * * * 11 The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary from June 1 until September 15 in 1992 through 2017 was 7.8 psi. 4 The * * * * * [FR Doc. 2017–27628 Filed 12–22–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA–HQ–OAR–2017–0213; FRL–9972–47– OAR] RIN 2060–AT43 Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: The Environmental Protection Agency (EPA) received adverse comment on the direct final rule titled ‘‘Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant,’’ published on September 28, 2017. Therefore, through this document we are withdrawing that direct final rule. DATES: Effective December 26, 2017, EPA withdraws the direct final rule ethrower on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:22 Dec 22, 2017 Jkt 244001 published at 82 FR 45202, on September 28, 2017. FOR FURTHER INFORMATION CONTACT: Sara Kemme by regular mail: U.S. Environmental Protection Agency, Stratospheric Protection Division (6205T), 1200 Pennsylvania Avenue NW, Washington, DC 20460; by telephone: (202) 566–0511; or by email: kemme.sara@epa.gov. SUPPLEMENTARY INFORMATION: The EPA received adverse comment on the direct final rule ‘‘Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant,’’ published on September 28, 2017 (82 FR 45202). The direct final rule stated that if the Agency received adverse comment by October 30, 2017, the direct final rule would not take effect and EPA would publish a timely withdrawal in the Federal Register. Because we received adverse comment on that direct final rule during that comment period we are withdrawing the direct final rule in this document. We will address relevant comments in any subsequent final action, which would be based on the parallel proposed rule also published on September 28, 2017 (82 FR 45253). The Agency intends to act expeditiously on the parallel proposed rule. As stated in the direct final rule and the parallel PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 proposed rule, there will not be a second comment period on this action. List of Subjects in 40 CFR Part 82 Environmental protection, Air pollution control, Chemicals, Reporting and recordkeeping requirements. Dated: December 15, 2017. E. Scott Pruitt, Administrator. Accordingly, the amendments to 40 CFR 82.154 published on September 28, 2017 (82 FR 45202) are withdrawn as of December 26, 2017. ■ [FR Doc. 2017–27799 Filed 12–22–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2017–0258; FRL–9970–94] 2-Propenoic acid, 2-methyl-, dodecyl ester, polymer with 1-ethenyl-2pyrrolidinone and a-(2-methyl-1-oxo-2propen-1-yl)-w-methoxypoly(oxy-1,2ethanediyl); Tolerance Exemption Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60886-60890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0683; FRL-9971-92-OAR]
RIN 2060-AT61


Approval of Louisiana's Request To Relax the Federal Reid Vapor 
Pressure (RVP) Gasoline Volatility Standard for Several Parishes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve an April 10, 2017 request from the Louisiana 
Department of Environmental Quality (LDEQ) to relax the Federal Reid 
Vapor Pressure (RVP) standard applicable to gasoline introduced into 
commerce from June 1 to September 15 of each year for the following 
parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary. Specifically, EPA is approving amendments to the regulations to 
allow the gasoline RVP standard for these 11 parishes to rise from 7.8 
pounds per square inch (psi) to 9.0 psi. EPA has determined that this 
change to the Federal gasoline RVP volatility regulation is consistent 
with the applicable provisions of the Clean Air Act (CAA). LDEQ has 
also requested that EPA relax gasoline volatility requirements for the 
5-parish Baton Rouge area, and EPA will address that request in a 
separate rulemaking in the future.

DATES: This final rule is effective on January 25, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2016-0683. All documents in the docket are listed on the 
https://www.regulations.gov/ website. Although listed in the index, 
some information may not be publicly available, e.g., Confidential 
Business Information (CBI) 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 electronically through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Dave Sosnowski, Office of 
Transportation and Air Quality, Environmental Protection Agency, 2000 
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: (734) 
214-4823; fax number: (734) 214-4052; email address: 
[email protected]. You may also contact Rudolph Kapichak at the 
same address; telephone number: (734) 214-4574; fax number: (734) 214-
4052; email address: [email protected].

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. General Information
II. Action Being Taken
III. History of the Gasoline Volatility Requirement
IV. EPA's Policy Regarding Relaxation of Gasoline Volatility 
Standards in Ozone Nonattainment Areas That Are Redesignated as 
Attainment Areas
V. Louisiana's Request to Relax the Federal Gasoline RVP Requirement 
for Several Parishes
VI. Response to Comments
VII. Final Action
VIII. Statutory and Executive Order Reviews
IX. Legal Authority and Statutory Provisions

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and 
distributors who do business in Louisiana.

------------------------------------------------------------------------
      Examples of potentially regulated entities        NAICS \1\ Codes
------------------------------------------------------------------------
Petroleum refineries.................................     324110, 424710
Gasoline Marketers and Distributors..................             424720
Gasoline Retail Stations.............................             447110
Gasoline Transporters................................     484220, 484230
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be affected 
by this action. The table lists the types of entities of which EPA is 
aware that could be affected by this rule. Other types of entities not 
listed on the table could also be affected. To determine whether your 
organization may be affected by this rule, you should carefully examine 
the regulations in 40 CFR 80.27. If you have questions

[[Page 60887]]

regarding the applicability of this action to a particular entity, call 
the person listed in the FOR FURTHER INFORMATION CONTACT section of 
this preamble.

B. What is EPA's authority for taking this action?

    The statutory authority for this action is granted to EPA by 
sections 211(h) and 301(a) of the CAA, as amended; 42 U.S.C. 7545(h) 
and 7601(a).

II. Action Being Taken

    This final rule approves a request from the state of Louisiana to 
change the federal RVP standard for the parishes of Beauregard, 
Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. 
Bernard, St. Charles, St. James, and St. Mary from 7.8 psi to 9.0 psi 
by amending EPA's regulations at 40 CFR 80.27(a)(2). EPA is not 
addressing in this final rule LDEQ's request that EPA also relax the 
federal RVP standard for the 5-parish Baton Rouge area. EPA will 
address that request in a separate rulemaking in the future.
    The preamble for this rulemaking is organized as follows: Section 
III, provides the history of the federal gasoline volatility 
regulation; Section IV, describes the policy regarding relaxation of 
volatility standards in ozone nonattainment areas that are redesignated 
as attainment areas; Section V, provides information specific to 
Louisiana's request for the 11 parishes addressed by this action; 
Section VI, provides a response to the comments EPA received; and 
Section VII, presents the final action in response to Louisiana's 
request.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOCs), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function, thereby aggravating asthma 
and other respiratory conditions, increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under CAA section 
211(c), EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These 
regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone season. On June 11, 1990 (55 FR 23658), EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum gasoline RVP standards 
of 9.0 psi or 7.8 psi (depending on the state, the month, and the 
area's initial ozone attainment designation with respect to the 1-hour 
ozone NAAQS).
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. CAA section 211(h) also prohibits EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, EPA will rely on states to initiate 
changes to their respective volatility programs. EPA's policy for 
approving such changes is described below in Section IV. of this 
preamble.
    The state of Louisiana initiated the change being finalized in this 
action by requesting that EPA relax the 7.8 psi RVP standard to 9.0 psi 
for the parishes of Beauregard, Calcasieu, Jefferson, Lafayette, 
Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, 
and St. Mary. See Section V. of this preamble for information specific 
to Louisiana's request.

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility Standards 
in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

    As stated in the preamble for EPA's amended Phase II volatility 
standards (See 56 FR 64706, December 12, 1991), any change in the 
gasoline volatility standard for a nonattainment area that was 
subsequently redesignated as an attainment area must be accomplished 
through a separate rulemaking that revises the applicable standard for 
that area. Thus, for former 1-hour ozone nonattainment areas where EPA 
mandated a Phase II summertime volatility standard of 7.8 psi RVP in 
the December 12, 1991 rulemaking, the federal 7.8 psi gasoline RVP 
requirement remains in effect, even after such an area is redesignated 
to attainment, until a separate rulemaking is completed that relaxes 
the federal RVP standard in that area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, EPA believes that 
relaxation of an applicable gasoline RVP standard is best accomplished 
in conjunction with the redesignation process. In order for an ozone 
nonattainment area to be redesignated as an attainment area, CAA 
section 107(d)(3) requires the state to make a showing, pursuant to CAA 
section 175A, that the area is capable of maintaining attainment for 
the ozone NAAQS for ten years. Depending on the area's circumstances, 
this maintenance plan will either demonstrate that the area is capable 
of maintaining attainment for ten years without the more stringent 
volatility standard or that the more stringent volatility standard may 
be necessary for the area to maintain its attainment with the ozone 
NAAQS. Therefore, in the context of a request for redesignation, EPA 
will not relax the gasoline volatility standard unless the state 
requests a relaxation and the maintenance plan demonstrates to the 
satisfaction of EPA that the area will maintain attainment for ten 
years without the need for the more stringent volatility standard.
    As explained in the proposal to this final rule, some former 1-hour 
ozone nonattainment areas that remain subject to the federal summertime 
RVP limit of 7.8 psi have been designated as attainment areas for both 
the 1997 and 2008 ozone NAAQS and based on the latest available air 
quality data are also attaining the more stringent 2015 ozone NAAQS. 
These states submitted, and EPA approved, CAA section 110(a)(1)

[[Page 60888]]

maintenance plans for these areas, as required by the Phase 1 
implementation rule for the 1997 ozone NAAQS (69 FR 23951, April 30, 
2004).
    As further explained at proposal, EPA has concluded that there is 
neither an implementation plan revision nor a CAA section 110(l) 
demonstration required in order for EPA to approve a state's request to 
relax the federal summertime gasoline RVP limit under the circumstances 
described above for such areas as these 11 parishes. Rather, in order 
for EPA to approve a request to relax the federal RVP limit for such 
areas, the Governor or his/her designee must request that the 
Administrator revise the federal gasoline RVP regulations to remove the 
subject areas from the list of required areas in 40 CFR 80.27(a)(2). 
The state may provide any relevant supporting information such as 
recent air quality data, designation status for ozone and information 
on previously approved ozone maintenance plans. The Administrator's 
decision on whether to grant a state's request to revise the federal 
gasoline RVP regulations in such cases would be documented through 
notice-and-comment rulemaking. See the August 9, 2017 proposal for 
further background (82 FR 37184).

V. Louisiana's Request To Relax the Federal Gasoline RVP Requirement 
for Several Parishes

    On April 10, 2017, LDEQ requested that EPA relax the current 
federal gasoline RVP volatility standard of 7.8 psi to 9.0 psi for 16 
Louisiana parishes, the 5 parishes of the Baton Rouge area, and 11 
other parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary. These other 11 parishes attained the 1-hour ozone NAAQS and were 
redesignated to attainment with approved CAA section 175A maintenance 
plans. They were then designated as attainment for the 1997 ozone 
NAAQS. As such, the State was required by EPA's Phase 1 rule, which 
implemented the 1997 ozone NAAQS, to submit CAA section 110(a)(1) 
maintenance plans for these parishes that addressed the 10-year period 
from 2004 to 2014. (See 69 FR 23951, April 30, 2004.) \2\ The Phase 1 
implementation rule for the 1997 ozone NAAQS did not require Louisiana 
to submit second 10-year CAA section 175A maintenance plans for the 1-
hour ozone NAAQS for these parishes. In 2012, all 11 parishes were 
designated as attainment for the 2008 ozone NAAQS. Because they were 
designated as attainment for both the 1997 and 2008 ozone NAAQS, they 
were not required to submit a CAA section 110(a)(1) maintenance plan 
for the 2008 ozone NAAQS. Therefore, as explained earlier above, these 
parishes are no longer within the timeframe that was addressed by any 
approved maintenance plan for any ozone NAAQS. The 11 parishes that are 
the subject of this action are all attaining the more stringent 2015 
ozone NAAQS, and the State did not recommend that any of these 11 
parishes be designated as nonattainment for the 2015 ozone NAAQS.\3\
---------------------------------------------------------------------------

    \2\ For more information on Louisiana's CAA section 110(a)(1) 
maintenance plans for the individual parishes under the 1997 ozone 
NAAQS, please refer to the following Federal Register notices 
approving the maintenance plans for the parishes listed 
parenthetically after the citation: 72 FR 62579, November 6, 2007 
(Beauregard and St. Mary Parishes); 73 FR 15411, March 24, 2008 
(Lafayette and Lafourche Parishes); 78 FR 57058 September 17, 2008 
(Pointe Coupee Parish); 73 FR 53403 September 16, 2008 (New Orleans 
Parish); and 73 FR 59518 (Calcasieu and St. James Parishes).
    \3\ On September 29, 2015, Louisiana submitted a letter to EPA 
recommending designations for the 2015 ozone NAAQS. The State 
recommended that all of the 11 parishes addressed in this action be 
designated as unclassifiable/attainment. The letter is available at: 
https://www.epa.gov/ozone-designations/ozone-designations-2015-standards-louisiana-state-recommendations.
---------------------------------------------------------------------------

    EPA's August 9, 2017 proposal included several pieces of 
information that supports the State's request:
     The current ozone design values for the parishes in 
question, based upon 2013-2015 air quality data are well below the 2015 
ozone NAAQS of 70 parts-per-billion (ppb). For more information on 
current design values for the 11 parishes refer to Table 1 in the 
August 9, 2017 proposal (82 FR 37186).
     Moreover, the projections for VOC emissions (i.e., the 
ozone precursor controlled through RVP limitations) from the previously 
approved CAA section 110(a)(1) maintenance plans for the 1997 ozone 
NAAQS for the areas covered by the State's request show relatively flat 
or downward VOC emissions trends through 2014. For more information on 
trends in VOC emissions in the 11 parishes refer to Table 2 in the 
August 9, 2017 notice of proposed rulemaking (82 FR 37187).
     There are also national rules that result in VOC and/or 
NOx emission reductions that will contribute to the downward trend in 
ozone concentrations in the 11 parishes into the future. See EPA's 
August 9, 2017 proposal for further information (82 FR 37184).

VI. Response to Comments

    EPA received four comments on its August 9, 2017 (82 FR 37184) 
proposal to relax the gasoline RVP standard from 7.8 psi to 9.0 psi. 
EPA found that these comments were either supportive of the proposed 
change or fell outside the scope of this action as discussed further 
below.
    Comment: An organization representing the Louisiana oil and gas 
industry provided comments in support of the proposed relaxation of 
summertime gasoline RVP from 7.8 to 9.0 psi.
    Response: EPA acknowledges that the commenter supported the 
proposal.
    Comment: EPA received two sets of comments that were not related to 
any of the issues addressed in the proposal, while a third expressed 
general disagreement with relaxing any environmental regulations for 
any reason without addressing the specific issue of the subject RVP 
relaxation.
    Response: Regarding the generic objection to the relaxation of 
environmental regulations, EPA deemed this outside the scope of the 
proposal because it did not address EPA's conclusion that approving the 
proposed relaxation would not adversely impact air quality in the 
covered areas, nor would it interfere with those areas' ability to meet 
any other applicable NAAQS. As discussed above and in the proposal, EPA 
has concluded based on current air quality data and available VOC and 
NOx emissions information that the RVP relaxation will not have any 
appreciable effect on air quality in the 11 parishes, and therefore, 
the requested relaxation is approvable.

VII. Final Action

    EPA is taking final action to approve Louisiana's request for the 
Agency to relax the RVP applicable to gasoline introduced into commerce 
from June 1 to September 15 of each year for the parishes of 
Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe 
Coupee, St. Bernard, St. Charles, St. James, and St. Mary. 
Specifically, this action amends the applicable gasoline RVP standard 
from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the 11 named 
parishes. This approval is based on the redesignation of the named 
areas to attainment of the 1-hour ozone NAAQS and their designation as 
attainment for the 1997 and 2008 ozone NAAQS. Additionally, recent air 
quality data from monitors in the parishes demonstrates that they are 
attaining the 2015 ozone NAAQS of 70 ppb. Lastly, emission reductions 
from national rules aimed at reducing VOCs and NOx that were not 
previously claimed or accounted for in the State's projection of air 
quality trends for its maintenance plans will ensure

[[Page 60889]]

continued attainment of the 2015 ozone NAAQS.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory 
action. This final rule provides meaningful burden reduction because it 
relaxes the federal RVP standard for gasoline, and as a result, fuel 
suppliers will no longer be required to provide 7.8 psi lower RVP 
gasoline in the 11 parishes during the summer months (June 1st through 
September 15th). Relaxing the volatility requirements will also be 
beneficial because this action can improve the fungibility of gasoline 
sold in the State of Louisiana by allowing the gasoline sold in the 11 
named parishes to be identical to the fuel sold in most of the 
remainder of the State.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
PRA, because it does not contain any information collection activities.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of this action are refiners, importers or blenders of 
gasoline that choose to produce or import low RVP gasoline for sale in 
Louisiana and gasoline distributers and retail stations in Louisiana. 
This action relaxes the federal RVP standard for gasoline sold in 11 
Louisiana parishes during the high ozone season. This rule does not 
impose any requirements or create impacts on small entities beyond 
those, if any, already required by or resulting from the CAA section 
211(h) Volatility Control program. We have therefore concluded that 
this action will have no net regulatory burden for all directly 
regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action 
implements mandates specifically and explicitly set forth in CAA 
section 211(h) without the exercise of any policy discretion by the 
EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This final rule will affect only those refiners, 
importers or blenders of gasoline that choose to produce or import low 
RVP gasoline for sale and gasoline distributers and retail stations in 
the 11 Louisiana parishes. Thus, Executive Order 13175 does not apply 
to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk. EPA has no reason to believe that this 
action may disproportionately affect children based on available ozone 
air quality data and VOC and NOX emissions information. EPA 
has concluded that a relaxation of the gasoline RVP will not interfere 
with the attainment of the ozone NAAQS, or any other applicable CAA 
requirement in these 11 Louisiana parishes.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994) 
because it does not affect the applicable ozone NAAQS which establish 
the level of protection provided to human health or the environment. 
This rule relaxes the applicable volatility standard of gasoline during 
the high ozone season (June 1 to September 15 of each year). EPA has 
concluded that the relaxation will not cause a measurable increase in 
ozone concentrations that would result in a violation of any ozone 
NAAQS including the 2008 ozone NAAQS or the more stringent 2015 ozone 
NAAQS. Therefore, disproportionately high and adverse human health or 
environmental effects on minority or low-income populations are not an 
anticipated result.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller of the 
United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Petitions for Judicial Review

    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 February 26, 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 CAA section 307(b)(2).

[[Page 60890]]

IX. Legal Authority and Statutory Provisions

    The statutory authority for this action is granted to EPA by 
sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Fuel additives, Gasoline, Motor vehicle and 
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting 
and recordkeeping requirements.

    Dated: December 15, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. Section 80.27 is amended in the table in paragraph (a)(2)(ii) by 
revising the entries for ``Louisiana'' to read as follows:


Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

                               Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Louisiana:
    Grant Parish \4\............             9.0             9.0             9.0  ..............             9.0
    11 Other Louisiana Parishes              9.0             9.0             9.0  ..............             9.0
     \11\.......................
    All other volatility                     9.0             7.8             7.8  ..............             7.8
     nonattainment areas........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
 * * * * * * *
\4\ The standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
 * * * * * * *
\11\ The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans,
  Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary from June 1 until September 15 in 1992
  through 2017 was 7.8 psi.

* * * * *
[FR Doc. 2017-27628 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P