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