Approval and Promulgation of Implementation Plans; Louisiana; 2008 8-Hour Ozone Maintenance Plan Revision for Baton Rouge, 16017-16021 [2018-07678]
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Inspection and Replacement
For any MLG dressed shock strut assembly
with part numbers and serial numbers
specified in paragraph 1.A., ‘‘Effectivity,’’ of
Bombardier Service Bulletin 670BA–32–060,
Revision B, dated November 10, 2017, at the
applicable compliance times specified in
paragraphs (g)(1), (g)(2), or (g)(3) of this AD,
do a detailed visual inspection of the
retraction actuator brackets, their associated
pins and hardware, and the mating lugs on
the MLG outer cylinder for any corrosion,
and do all applicable replacements, in
accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
670BA–32–060, Revision B, dated November
10, 2017. Do all applicable replacements
before further flight.
(1) For any MLG dressed shock strut
assembly that has accumulated less than
10,000 total flight hours on the MLG dressed
shock strut assembly and has been in service
for less than 60 months since its first
installation on an airplane: Within 6,600
flight hours or 39 months, whichever occurs
first, after the effective date of this AD.
(2) For any MLG dressed shock strut
assembly that has accumulated less than or
equal to 14,000 total flight hours on the MLG
dressed shock strut assembly, and has been
in service for less than 84 months since its
first installation on an airplane, and does not
meet the criteria in paragraph (g)(1) of this
AD: Within 4,400 flight hours or 26 months,
whichever occurs first, after the effective date
of this AD, but not to exceed 16,600 total
flight hours on the MLG dressed shock strut
assembly or 99 months since its first
installation on an airplane, whichever occurs
first.
(3) For any MLG dressed shock strut
assembly that has accumulated more than
14,000 total flight hours on the MLG dressed
shock strut assembly or 84 months or more
since its first installation on an airplane:
Within 2,600 flight hours or 15 months,
whichever occurs first, after the effective date
of this AD.
(h) Parts Exempted From This AD
For any MLG dressed shock strut assembly
with part numbers and serial numbers
specified in paragraph 1.A., ‘‘Effectivity,’’ of
Bombardier Service Bulletin 670BA–32–060,
Revision B, dated November 10, 2017: The
actions specified in paragraph (g) of this AD
are not required provided that the actions in
paragraphs (h)(1), (h)(2), or (h)(3) of this AD
have been done.
(1) The actions in paragraphs (h)(1)(i),
(h)(1)(ii), (h)(1)(iii), and (h)(1)(iv) of this AD,
as applicable, have been done on the MLG
dressed shock strut assembly since its entryinto-service date.
(i) Airplane maintenance manual (AMM)
Task 32–32–05–400–803, Installation of the
Outboard MLG Retraction Actuator Bracket
Pin, or equivalent task in component
maintenance manual (CMM) 32–11–05 (for
Model CL–600–2C10 (Regional Jet Series 700,
701, & 702) airplanes), or CMM 32–11–06 (for
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Model CL–600–2D15 (Regional Jet Series
705) airplanes and Model CL–600–2D24
(Regional Jet Series 900) airplanes), or CMM
32–11–34 (for Model CL–600–2E25 (Regional
Jet Series 1000) airplanes); and
(ii) AMM Task 32–32–05–400–804,
Installation of the Inboard MLG RetractionActuator Bracket Pin, or equivalent task in
CMM 32–11–05 (for Model CL–600–2C10
(Regional Jet Series 700, 701, & 702)
airplanes), or CMM 32–11–06 (for Model CL–
600–2D15 (Regional Jet Series 705) airplanes
and Model CL–600–2D24 (Regional Jet Series
900) airplanes), or CMM 32–11–34 (for Model
CL–600–2E25 (Regional Jet Series 1000)
airplanes); and
(iii) AMM Task 32–32–05–400–805,
Installation of the Inboard-MLG RetractionActuator Pin, or AMM Task 32–32–05–400–
801, Installation of the MLG RetractionActuator, or AMM Task 32–11–05–400–801,
Installation of the MLG Shock-Strut
Assembly; and
(iv) For Model CL–600–2C10 (Regional Jet
Series 700, 701, & 702) airplanes, Model CL–
600–2D15 (Regional Jet Series 705) airplanes,
and Model CL–600–2D24 (Regional Jet Series
900) airplanes equipped with MLG auxiliary
actuators: AMM Task 32–32–03–400–801,
Installation of the MLG Auxiliary Actuator,
or AMM Task 32–11–05–400–801,
Installation of the MLG Shock-Strut
Assembly.
(2) AMM Task 32–32–05–400–806,
Installation of the MLG Retraction-Actuator
Bracket has been accomplished on the MLG
dressed shock strut assembly since its entryinto-service date.
(3) AMM-Tasks 32–11–00–610–801
Restoration (Overhaul) of the MLG Assembly
has been accomplished since its entry into
service date.
(i) Credit for Previous Actions
This paragraph provides credit for actions
required by paragraph (g) of this AD, if those
actions were performed before the effective
date of this AD using Bombardier Service
Bulletin 670BA–32–060, dated May 2, 2017,
or Bombardier Service Bulletin 670BA–32–
060, Revision A, dated June 22, 2017.
(j) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York ACO
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the certification office,
send it to ATTN: Program Manager,
Continuing Operational Safety, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7300; fax 516–794–5531. Before
using any approved AMOC, notify your
appropriate principal inspector, or lacking a
principal inspector, the manager of the local
flight standards district office/certificate
holding district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
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16017
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, New York ACO Branch,
FAA; or Transport Canada Civil Aviation
(TCCA); or Bombardier Inc.’s TCCA Design
Approval Organization (DAO). If approved by
the DAO, the approval must include the
DAO-authorized signature.
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) Canadian
Airworthiness Directive CF–2017–34, dated
October 19, 2017, for related information.
This MCAI may be found in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2018–0275.
(2) For more information about this AD,
contact Dorie Resnik, Aerospace Engineer,
Aviation Safety Section AIR–7B1, Boston
ACO Branch, FAA, 1200 District Avenue,
Burlington, MA 01803; telephone 781–238–
7693.
(3) For information about AMOCs, contact
Aziz Ahmed, Aerospace Engineer, Airframe
and Mechanical Systems Section, FAA, New
York ACO Branch, 1600 Stewart Avenue,
Suite 410, Westbury, NY 11590; telephone
516–228–7329; fax 516–794–5531.
(4) For service information identified in
ˆ
this AD, contact Bombardier, Inc., 400 Cote´
Vertu Road West, Dorval, Quebec H4S 1Y9,
Canada; Widebody Customer Response
Center North America toll-free telephone 1–
866–538–1247 or direct-dial telephone 1–
514–855–2999; fax 514–855–7401; email
ac.yul@aero.bombardier.com; internet https://
www.bombardier.com. You may view this
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on
March 29, 2018.
Chris Spangenberg,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2018–07631 Filed 4–12–18; 8:45 am]
BILLING CODE 4910–13–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2018–0111; FRL–9976–
03—Region 6]
Approval and Promulgation of
Implementation Plans; Louisiana; 2008
8-Hour Ozone Maintenance Plan
Revision for Baton Rouge
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is proposing to approve a State
SUMMARY:
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules
Implementation Plan (SIP) revision
submitted by the State of Louisiana on
January 31, 2018, revising the 2008 8hour ozone maintenance plan and
requesting a relaxation of the Federal
Reid Vapor Pressure (RVP) requirements
for the five-parish Baton Rouge area.
EPA is proposing to determine that the
relaxation of the RVP requirement
would not interfere with attainment or
maintenance of the NAAQS or with any
other CAA requirement.
DATES: Written comments must be
received on or before May 14, 2018.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2018–0111, at https://
www.regulations.gov or via email
jacques.wendy@epa.gov. Follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. The EPA may publish
any comment received to its public
docket. Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact Ms. Wendy Jacques, (214) 665–
7395, jacques.wendy@epa.gov. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available at
either location (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms.
Wendy Jacques, (214) 665–7395,
jacques.wendy@epa.gov. To inspect the
hard copy materials, please schedule an
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appointment with Ms. Wendy Jacques
or Mr. Bill Deese at 214–665–7253.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
I. Background
A. The Baton Rouge Area and
Requirements for Low RVP Gasoline
In 2008 we revised the 8-hour ozone
NAAQS from 0.08 part per million
(ppm) to 0.075 ppm. (73 FR 16436,
March 27, 2008.) The Baton Rouge area,
consisting of five parishes (Ascension,
East Baton Rouge, Iberville, Livingston,
and West Baton Rouge), was designated
nonattainment for the 2008 ozone
NAAQS (77 FR 30088, May 21, 2012).
In 2016 we approved a SIP revision to
provide for maintenance of the NAAQS
in the area (maintenance plan) and
redesignated the area to attainment (81
FR 95051, December 27, 2016). Among
the air pollution controls included in
the maintenance plan was the continued
use of low RVP gasoline in the area.
On April 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. 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. On June 11, 1990 (55 FR
23658), EPA promulgated more
stringent volatility controls establishing
maximum RVP standards of 9.0 pounds
per square inch (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).
B. Revision to the Baton Rouge Area
Maintenance Plan for the 2008 Ozone
NAAQS
The December 12, 1991 (56 FR
64704), Phase II rulemaking explains
that EPA believes that relaxation of an
applicable 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,
section 107(d)(3) of the Act requires the
state to make a showing, pursuant to
section 175A of the Act, that the area is
capable of maintaining attainment for
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the ozone NAAQS for ten years after
redesignation. 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
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.
Louisiana did not request relaxation
of the applicable 7.8 psi federal RVP
standard when the Baton Rouge area
was initially redesignated to attainment
for the 2008 8-hour ozone NAAQS.
Louisiana is now requesting that EPA
relax the federal 7.8 psi RVP
requirement for the Baton Rouge area by
approving its revised maintenance plan
that includes modeling demonstrating
the continuous attainment of the 2008 8hour ozone NAAQS without the RVP
requirement.
II. The EPA’s Evaluation
A. Demonstration That the 2008 Ozone
NAAQS Will Continue To Be
Maintained in the Baton Rouge Area
On January 31, 2018, Louisiana
submitted a SIP revision making
changes to the maintenance plan for the
Baton Rouge area. This revision
demonstrates that the relaxation of the
7.8 psi federal RVP requirement would
have no impact on maintaining the 2008
8-hour NAAQS. Louisiana’s analysis
utilized EPA’s 2014 Motor Vehicle
Emissions Simulator (MOVES2014a)
emission modeling system to project
revised on-road and non-road mobile
source emission inventories for the 2011
base year and future years 2022 and
2027.
Table 1 below is a comparison of
daily nitrogen oxide (NOX) and volatile
organic compounds (VOC) emissions in
2011, 2022, and 2027 for on-road, nonroad, point, and non-point sectors of the
five parish Baton Rouge area. Relative
changes are shown for the Maintenance
Plan (MP) Inventory from 2011 to 2022
and 2027, the updated inventory (UI)
and the relaxed 9.0 psi RVP scenario
inventory for the same years.
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules
TABLE 1—COMPARISON OF DAILY NOX AND VOC EMISSIONS, TONS PER DAY (tpd) IN 2011, 2022, AND 2027
2011
MP
2022
UI/7.8
MP
2027
UI/7.8
UI/9.0
MP
UI/7.8
UI/9.0
NOX:
On-road + ..................................................................
Non-road + ................................................................
Nonpoint * ..................................................................
Point * ........................................................................
38.4
27.3
17.1
74.2
37.5
28.1
17.1
74.2
14.4
12.6
17.9
74.2
10.8
18.5
17.9
74.2
10.8
18.5
17.9
74.2
11.0
15.2
17.9
74.2
6.8
15.3
17.9
74.2
6.8
15.3
17.9
74.2
Total ...................................................................
% Difference from 2011 ...................................................
157.0
..............
156.9
..............
119.1
¥24.1%
121.3
¥22.7%
121.4
¥22.7%
118.3
¥24.6%
114.2
¥27.2%
114.2
¥27.2%
VOC:
On-road + ..................................................................
Non-road + ................................................................
Nonpoint * ..................................................................
Point * ........................................................................
19.2
8.7
82.6
33.6
19.0
10.3
82.6
33.6
13.0
6.5
90.5
33.6
10.3
6.3
90.5
33.6
10.5
6.6
90.5
33.6
11.4
6.1
92.7
33.6
7.9
6.1
92.7
33.6
8.1
6.4
92.7
33.6
Total ...................................................................
% Difference from 2011 ...................................................
144.1
..............
145.5
..............
143.6
¥0.3%
140.7
¥3.3%
141.2
¥2.9%
143.8
¥0.2%
140.3
¥3.5%
140.8
¥3.2%
* Average annual day emissions from the Maintenance Plan.
+ Average August day emissions estimated with MOVES; average annual day emissions for non-road ALM and 2011 NEIv2.
Louisiana’s analysis shows consistent
decreases in the Maintenance Plan
inventory from 2011 to both future years
for NOX and VOC. The updated NOX
inventory shows a smaller 2011–2022
reduction of 23 percent, but a larger
2011–2027 reduction of 27 percent than
the Maintenance Plan inventory. The
updated VOC inventory shows a larger
reduction of 3.3–3.5 percent for 2022
and 2027 years than the existing
Maintenance Plan inventory. The 9.0 psi
RVP scenarios in 2022 and 2027
indicate no change in NOX and only a
small change of 0.2–0.3 percent increase
in VOC.
B. Demonstration That Motor Vehicle
Emissions Budgets (MVEBs) Are
Approvable
The maintenance plan creates MVEBs
for criteria pollutants and/or their
precursors to address pollution from
cars and trucks. The MVEB is the
amount of emissions allowed in the
State Implementation Plan (SIP) for on-
road motor vehicles; it establishes an
emissions ceiling for the regional
transportation network. The previously
approved Maintenance Plan established
MVEBs for the Baton Rouge area for the
years 2022 and 2027. Using the
MOVES2014a model and evaluating the
9.0 psi RVP scenarios in 2022 and 2027,
the average daily on-road NOX and VOC
tpd emissions are less than the
previously approved budgets. Table 2
below is a comparison of these on-road
emissions projections.
TABLE 2—COMPARISON OF BATON ROUGE ON-ROAD EMISSIONS
[tpd]
2022
2027
Year
7.8
NOX ..................................................................................................................
VOC .................................................................................................................
UI/9.0
* 14.37
* 13.19
10.78
10.52
7.8
UI/9.0
* 10.95
* 11.55
6.79
8.09
* MVEBs approved 12/27/2016 (81 FR 95051).
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The Transportation Conformity Rule
at 40 CFR 93.101 defines a ‘‘safety
margin’’ as an amount by which the
total projected emissions from all
sources of a given pollutant are less than
the total emissions that would satisfy
the applicable requirement for
reasonable further progress, attainment,
or maintenance. This would represent
emission reductions of a given pollutant
in the SIP beyond those needed to
demonstrate maintenance. The available
safety margin, once quantified, may be
allocated towards projected on-road
emissions to establish MVEBs for
purposes of conformity. The State has
demonstrated that the total revised NOX
and VOC emissions in 2022 and 2027
are less than those emissions in the
2011 base year, and has quantified the
total available safety margin for each
pollutant. The calculated safety margin
amounts are as follows: NOX 35.5 tpd/
VOC 4.3 tpd for 2022 and NOX 42.7 tpd/
VOC 4.7 tpd for 2027. Table 3 below
summarizes the average daily on-road
NOX and VOC emissions added to the
revised 2022 and 2027 on-road
inventories to result in the MVEB levels
recommended.
TABLE 3—SAFETY MARGIN ALLOCATION
2022
UI/9.0 RVP
NOX:
On-road (tpd) ....................................................................................................................................................
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UI/9.0 RVP
10.8
6.8
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules
TABLE 3—SAFETY MARGIN ALLOCATION—Continued
2022
UI/9.0 RVP
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Allocated safety margin (tpd) ...........................................................................................................................
MVEB (tpd) .......................................................................................................................................................
VOC:
On-road (tpd) ....................................................................................................................................................
Allocated safety margin (tpd) ...........................................................................................................................
MVEB (tpd) .......................................................................................................................................................
C. Demonstration That the SIP Revision
Will Not Interfere With Any Other Clean
Air Act Requirement
To support Louisiana’s request to
relax the federal RVP requirement in the
Baton Rouge area, the state must
demonstrate that the requested change
will satisfy section 110(l) of the CAA.
Section 110(l) requires that a revision to
the SIP not interfere with any applicable
requirement concerning attainment and
reasonable further progress (as defined
in section 171), or any other applicable
requirement of the Act. EPA’s criterion
for determining the approvability of the
SIP revision is whether the
noninterference demonstration
associated with the relaxation request
satisfies section 110(l). The modeling
associated with Louisiana’s previously
approved maintenance plan for the 2008
8-hour ozone NAAQS is premised upon
the 7.8 psi RVP requirements. The
revised maintenance plan is based on
allowing a relaxed requirement of 9.0
psi RVP. EPA is proposing approval of
the revised maintenance plan based on
information provided in the revised
maintenance plan, modeling results and
an evaluation of quality assured air
monitoring data previously reviewed as
part of the Baton Rouge Nonattainment
Area 2008 8-hour Ozone NAAQS
Redesignation rulemaking (81 FR 95051,
December 27, 2016).
The relaxation of the RVP
requirement would not impact emission
levels of any pollutant except VOCs
which indirectly could impact ozone
levels. The updated inventory presented
in Table 1 shows that emissions for NOX
and VOC in 2022 and 2027 remain well
below the levels of those emissions in
2011 of the approved maintenance plan.
Because future emissions are well below
the level of emissions that provided for
attainment of the 2008 ozone standard,
the revised plan continues to provide
for maintenance of that standard. Point
source and non-point source emissions
remain unchanged in the revised
demonstration. On-road emission
results show that there is virtually no
change in the amount of expected NOX
emission reductions in 2022 and 2027
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from 2011. Emissions projection
modeling indicate a small increase in
projected VOC emissions in on-road and
nonroad categories due to the higher
gasoline RVP and the elimination of
Stage II vapor recovery (82 FR 14822).
Table 1 shows that the change will
result in a less than 1% change in
projected area VOC emissions. Due to
the Baton Rouge area being NOX
limited, the rate of ozone formation is
limited by the amount of NOX present
rather than the amount of VOCs present,
it is reasonable to conclude that this
small VOC increase should not
contribute to additional ozone
formation. Therefore, we find that this
revision will not interfere with any
applicable requirement concerning
attainment and reasonable further
progress (as defined in section 171), or
any other applicable requirement of the
Act.
III. Proposed Action
We are proposing to approve a
revision to the Louisiana SIP that would
modify the Baton Rouge area
maintenance plan for the 2008 8-hour
ozone NAAQS which demonstrates that
relaxing the federal RVP requirements
for gasoline in the Baton Rouge area
would not interfere with the area’s
maintenance of the 2008 8-hour ozone
NAAQS or any applicable requirement
of the CAA. We are also proposing to
approve the 2022 and 2027 MVEBs
included in this maintenance plan
revision. The Agency will respond to
Louisiana’s request to relax the federal
RVP requirements for gasoline in the
Baton Rouge area in a separate
rulemaking.
IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
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2027
UI/9.0 RVP
3.57
14.37
4.15
10.95
10.5
2.69
13.19
8.1
3.45
11.55
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
E:\FR\FM\13APP1.SGM
13APP1
Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Proposed Rules
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the proposed rule does
not have tribal implications and will not
impose substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Volatile
organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 3, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018–07678 Filed 4–12–18; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R04–OAR–2018–0077; FRL–9976–
77—Region 4]
Air Plan Approval and Air Quality
Designation; AL; Redesignation of the
Pike County Lead Nonattainment Area
to Attainment
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
On January 3, 2018, the State
of Alabama, through the Alabama
Department of Environmental
Management (ADEM), submitted a
request for the Environmental
Protection Agency (EPA) to redesignate
the Troy 2008 lead Nonattainment Area
(‘‘Troy Area’’ or ‘‘Area’’) to attainment
for the 2008 lead (Pb) National Ambient
Air Quality Standards (NAAQS or
standard) and to approve an associated
State Implementation Plan (SIP)
revision containing a maintenance plan.
The Troy Area is comprised of a portion
of Pike County in Alabama surrounding
the Sanders Lead Company facility
(Sanders Lead Facility or Facility). EPA
is proposing to determine that the Troy
Area is attaining 2008 lead NAAQS; to
approve the SIP revision containing the
State’s maintenance plan for
maintaining attainment of the 2008 lead
standard; and to redesignate the Troy
Area to attainment for the 2008 lead
NAAQS.
DATES: Comments must be received on
or before May 14, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–R04–
daltland on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:42 Apr 12, 2018
Jkt 244001
OAR–2018–0077 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Ashten Bailey of the Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Ms. Bailey may be
reached by phone at (404) 562–9164 or
via electronic mail at bailey.ashten@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. What are the actions EPA is
proposing to take?
EPA is proposing to take the following
three separate but related actions: (1) To
determine that the Troy Area is
attaining the 2008 lead NAAQS; (2) to
approve Alabama’s maintenance plan
for maintaining the 2008 lead NAAQS
in the Area and incorporate the plan
into the SIP; and (3) to redesignate the
Area to attainment. The Troy Area is
comprised of the portion of Pike
County, Alabama, bounded by a 0.8
mile radius from a center point at
latitude 31.78627106 North and
longitude 85.97862228 West, which
fully includes the Sanders Lead Facility.
EPA is making the preliminarily
determination that the Troy Area is
attaining the 2008 lead NAAQS based
on recent air quality data, and proposing
to approve Alabama’s maintenance plan
for the Troy Area as meeting the
requirements of section 175A (such
approval being one of the Clean Air Act
(CAA or Act) criteria for redesignation
to attainment status). The maintenance
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
16021
plan is designed to keep the Troy Area
in attainment of the 2008 lead NAAQS
through 2028. As explained in Section
V, below, EPA is also proposing to
determine that attainment can be
maintained through 2028.
EPA is further proposing to determine
that the Troy Area has met the
requirements for redesignation under
section 107(d)(3)(E) of the CAA.
Accordingly, in this action, EPA is
proposing to approve a request to
change the legal designation of the Troy
Area from nonattainment to attainment
for the 2008 lead NAAQS.
In summary, this notice of proposed
rulemaking is in response to Alabama’s
January 3, 2018, redesignation request
and associated SIP submission that
addresses the specific issues
summarized above and the necessary
elements described in section
107(d)(3)(E) of the CAA for
redesignation of the Troy Area to
attainment for the 2008 lead NAAQS.
II. What is the background for EPA’s
proposed actions?
On November 12, 2008 (73 FR 66964),
EPA promulgated a revised primary and
secondary lead NAAQS of 0.15
micrograms per cubic meter (mg/m3).
Under EPA’s regulations at 40 CFR part
50, the 2008 lead NAAQS are met when
the maximum arithmetic 3-month mean
concentration for a 3-year period, as
determined in accordance with
Appendix R of 40 CFR part 50, is less
than or equal to 0.15 mg/m3. See 40 CFR
50.16. Ambient air quality monitoring
data for the 3-year period must meet a
data completeness requirement.
EPA designated the Troy Area as a
nonattainment area for the 2008 lead
NAAQS on November 22, 2010 (75 FR
71033), effective December 31, 2010,
using 2007–2009 ambient air quality
data. This established an attainment
date five years after the December 31,
2010, effective date for the 2008 lead
nonattainment designations pursuant to
CAA section 172(a)(2)(A). Therefore, the
Troy Area’s attainment date was
December 31, 2015.
EPA’s 2008 lead nonattainment
designation for the Area triggered an
obligation for Alabama to develop a
nonattainment SIP revision addressing
certain CAA requirements under title I,
part D, subpart 1 (hereinafter ‘‘Subpart
1’’) and to submit that SIP revision in
accordance with the deadlines in title I,
part D, subpart 5 (hereinafter ‘‘Subpart
5’’). Subpart 1 contains the general
requirements for nonattainment areas
for criteria pollutants, including
requirements to develop a SIP that
provides for the implementation of
reasonably available control measures
E:\FR\FM\13APP1.SGM
13APP1
]]>Agencies
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Proposed Rules]
[Pages 16017-16021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07678]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2018-0111; FRL-9976-03--Region 6]
Approval and Promulgation of Implementation Plans; Louisiana;
2008 8-Hour Ozone Maintenance Plan Revision for Baton Rouge
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve a State
[[Page 16018]]
Implementation Plan (SIP) revision submitted by the State of Louisiana
on January 31, 2018, revising the 2008 8-hour ozone maintenance plan
and requesting a relaxation of the Federal Reid Vapor Pressure (RVP)
requirements for the five-parish Baton Rouge area. EPA is proposing to
determine that the relaxation of the RVP requirement would not
interfere with attainment or maintenance of the NAAQS or with any other
CAA requirement.
DATES: Written comments must be received on or before May 14, 2018.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2018-0111, at https://www.regulations.gov or via email
[email protected]. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact Ms. Wendy Jacques, (214)
665-7395, [email protected]. For the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at the EPA
Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available at either location
(e.g., CBI).
FOR FURTHER INFORMATION CONTACT: Ms. Wendy Jacques, (214) 665-7395,
[email protected]. To inspect the hard copy materials, please
schedule an appointment with Ms. Wendy Jacques or Mr. Bill Deese at
214-665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
I. Background
A. The Baton Rouge Area and Requirements for Low RVP Gasoline
In 2008 we revised the 8-hour ozone NAAQS from 0.08 part per
million (ppm) to 0.075 ppm. (73 FR 16436, March 27, 2008.) The Baton
Rouge area, consisting of five parishes (Ascension, East Baton Rouge,
Iberville, Livingston, and West Baton Rouge), was designated
nonattainment for the 2008 ozone NAAQS (77 FR 30088, May 21, 2012). In
2016 we approved a SIP revision to provide for maintenance of the NAAQS
in the area (maintenance plan) and redesignated the area to attainment
(81 FR 95051, December 27, 2016). Among the air pollution controls
included in the maintenance plan was the continued use of low RVP
gasoline in the area.
On April 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.
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. On June 11, 1990 (55 FR 23658), EPA
promulgated more stringent volatility controls establishing maximum RVP
standards of 9.0 pounds per square inch (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).
B. Revision to the Baton Rouge Area Maintenance Plan for the 2008 Ozone
NAAQS
The December 12, 1991 (56 FR 64704), Phase II rulemaking explains
that EPA believes that relaxation of an applicable 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, section 107(d)(3) of the Act requires the state to make a
showing, pursuant to section 175A of the Act, that the area is capable
of maintaining attainment for the ozone NAAQS for ten years after
redesignation. 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
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.
Louisiana did not request relaxation of the applicable 7.8 psi
federal RVP standard when the Baton Rouge area was initially
redesignated to attainment for the 2008 8-hour ozone NAAQS. Louisiana
is now requesting that EPA relax the federal 7.8 psi RVP requirement
for the Baton Rouge area by approving its revised maintenance plan that
includes modeling demonstrating the continuous attainment of the 2008
8-hour ozone NAAQS without the RVP requirement.
II. The EPA's Evaluation
A. Demonstration That the 2008 Ozone NAAQS Will Continue To Be
Maintained in the Baton Rouge Area
On January 31, 2018, Louisiana submitted a SIP revision making
changes to the maintenance plan for the Baton Rouge area. This revision
demonstrates that the relaxation of the 7.8 psi federal RVP requirement
would have no impact on maintaining the 2008 8-hour NAAQS. Louisiana's
analysis utilized EPA's 2014 Motor Vehicle Emissions Simulator
(MOVES2014a) emission modeling system to project revised on-road and
non-road mobile source emission inventories for the 2011 base year and
future years 2022 and 2027.
Table 1 below is a comparison of daily nitrogen oxide
(NOX) and volatile organic compounds (VOC) emissions in
2011, 2022, and 2027 for on-road, non-road, point, and non-point
sectors of the five parish Baton Rouge area. Relative changes are shown
for the Maintenance Plan (MP) Inventory from 2011 to 2022 and 2027, the
updated inventory (UI) and the relaxed 9.0 psi RVP scenario inventory
for the same years.
[[Page 16019]]
Table 1--Comparison of Daily NOX and VOC Emissions, tons per day (tpd) in 2011, 2022, and 2027
----------------------------------------------------------------------------------------------------------------
2011 2022 2027
-------------------------------------------------------------------------------
MP UI/7.8 MP UI/7.8 UI/9.0 MP UI/7.8 UI/9.0
----------------------------------------------------------------------------------------------------------------
NOX:
On-road +................... 38.4 37.5 14.4 10.8 10.8 11.0 6.8 6.8
Non-road +.................. 27.3 28.1 12.6 18.5 18.5 15.2 15.3 15.3
Nonpoint *.................. 17.1 17.1 17.9 17.9 17.9 17.9 17.9 17.9
Point *..................... 74.2 74.2 74.2 74.2 74.2 74.2 74.2 74.2
-------------------------------------------------------------------------------
Total................... 157.0 156.9 119.1 121.3 121.4 118.3 114.2 114.2
% Difference from 2011.......... ........ ........ -24.1% -22.7% -22.7% -24.6% -27.2% -27.2%
----------------------------------------------------------------------------------------------------------------
VOC:
On-road +................... 19.2 19.0 13.0 10.3 10.5 11.4 7.9 8.1
Non-road +.................. 8.7 10.3 6.5 6.3 6.6 6.1 6.1 6.4
Nonpoint *.................. 82.6 82.6 90.5 90.5 90.5 92.7 92.7 92.7
Point *..................... 33.6 33.6 33.6 33.6 33.6 33.6 33.6 33.6
-------------------------------------------------------------------------------
Total................... 144.1 145.5 143.6 140.7 141.2 143.8 140.3 140.8
% Difference from 2011.......... ........ ........ -0.3% -3.3% -2.9% -0.2% -3.5% -3.2%
----------------------------------------------------------------------------------------------------------------
* Average annual day emissions from the Maintenance Plan.
+ Average August day emissions estimated with MOVES; average annual day emissions for non-road ALM and 2011
NEIv2.
Louisiana's analysis shows consistent decreases in the Maintenance
Plan inventory from 2011 to both future years for NOX and
VOC. The updated NOX inventory shows a smaller 2011-2022
reduction of 23 percent, but a larger 2011-2027 reduction of 27 percent
than the Maintenance Plan inventory. The updated VOC inventory shows a
larger reduction of 3.3-3.5 percent for 2022 and 2027 years than the
existing Maintenance Plan inventory. The 9.0 psi RVP scenarios in 2022
and 2027 indicate no change in NOX and only a small change
of 0.2-0.3 percent increase in VOC.
B. Demonstration That Motor Vehicle Emissions Budgets (MVEBs) Are
Approvable
The maintenance plan creates MVEBs for criteria pollutants and/or
their precursors to address pollution from cars and trucks. The MVEB is
the amount of emissions allowed in the State Implementation Plan (SIP)
for on-road motor vehicles; it establishes an emissions ceiling for the
regional transportation network. The previously approved Maintenance
Plan established MVEBs for the Baton Rouge area for the years 2022 and
2027. Using the MOVES2014a model and evaluating the 9.0 psi RVP
scenarios in 2022 and 2027, the average daily on-road NOX
and VOC tpd emissions are less than the previously approved budgets.
Table 2 below is a comparison of these on-road emissions projections.
Table 2--Comparison of Baton Rouge On-Road Emissions
[tpd]
----------------------------------------------------------------------------------------------------------------
2022 2027
Year ---------------------------------------------------------------
7.8 UI/9.0 7.8 UI/9.0
----------------------------------------------------------------------------------------------------------------
NOX............................................. * 14.37 10.78 * 10.95 6.79
VOC............................................. * 13.19 10.52 * 11.55 8.09
----------------------------------------------------------------------------------------------------------------
* MVEBs approved 12/27/2016 (81 FR 95051).
The Transportation Conformity Rule at 40 CFR 93.101 defines a
``safety margin'' as an amount by which the total projected emissions
from all sources of a given pollutant are less than the total emissions
that would satisfy the applicable requirement for reasonable further
progress, attainment, or maintenance. This would represent emission
reductions of a given pollutant in the SIP beyond those needed to
demonstrate maintenance. The available safety margin, once quantified,
may be allocated towards projected on-road emissions to establish MVEBs
for purposes of conformity. The State has demonstrated that the total
revised NOX and VOC emissions in 2022 and 2027 are less than
those emissions in the 2011 base year, and has quantified the total
available safety margin for each pollutant. The calculated safety
margin amounts are as follows: NOX 35.5 tpd/VOC 4.3 tpd for
2022 and NOX 42.7 tpd/VOC 4.7 tpd for 2027. Table 3 below
summarizes the average daily on-road NOX and VOC emissions
added to the revised 2022 and 2027 on-road inventories to result in the
MVEB levels recommended.
Table 3--Safety Margin Allocation
------------------------------------------------------------------------
2022 2027
-------------------------------
UI/9.0 RVP UI/9.0 RVP
------------------------------------------------------------------------
NOX:
On-road (tpd)....................... 10.8 6.8
[[Page 16020]]
Allocated safety margin (tpd)....... 3.57 4.15
MVEB (tpd).......................... 14.37 10.95
VOC:
On-road (tpd)....................... 10.5 8.1
Allocated safety margin (tpd)....... 2.69 3.45
MVEB (tpd).......................... 13.19 11.55
------------------------------------------------------------------------
C. Demonstration That the SIP Revision Will Not Interfere With Any
Other Clean Air Act Requirement
To support Louisiana's request to relax the federal RVP requirement
in the Baton Rouge area, the state must demonstrate that the requested
change will satisfy section 110(l) of the CAA. Section 110(l) requires
that a revision to the SIP not interfere with any applicable
requirement concerning attainment and reasonable further progress (as
defined in section 171), or any other applicable requirement of the
Act. EPA's criterion for determining the approvability of the SIP
revision is whether the noninterference demonstration associated with
the relaxation request satisfies section 110(l). The modeling
associated with Louisiana's previously approved maintenance plan for
the 2008 8-hour ozone NAAQS is premised upon the 7.8 psi RVP
requirements. The revised maintenance plan is based on allowing a
relaxed requirement of 9.0 psi RVP. EPA is proposing approval of the
revised maintenance plan based on information provided in the revised
maintenance plan, modeling results and an evaluation of quality assured
air monitoring data previously reviewed as part of the Baton Rouge
Nonattainment Area 2008 8-hour Ozone NAAQS Redesignation rulemaking (81
FR 95051, December 27, 2016).
The relaxation of the RVP requirement would not impact emission
levels of any pollutant except VOCs which indirectly could impact ozone
levels. The updated inventory presented in Table 1 shows that emissions
for NOX and VOC in 2022 and 2027 remain well below the
levels of those emissions in 2011 of the approved maintenance plan.
Because future emissions are well below the level of emissions that
provided for attainment of the 2008 ozone standard, the revised plan
continues to provide for maintenance of that standard. Point source and
non-point source emissions remain unchanged in the revised
demonstration. On-road emission results show that there is virtually no
change in the amount of expected NOX emission reductions in
2022 and 2027 from 2011. Emissions projection modeling indicate a small
increase in projected VOC emissions in on-road and nonroad categories
due to the higher gasoline RVP and the elimination of Stage II vapor
recovery (82 FR 14822). Table 1 shows that the change will result in a
less than 1% change in projected area VOC emissions. Due to the Baton
Rouge area being NOX limited, the rate of ozone formation is
limited by the amount of NOX present rather than the amount
of VOCs present, it is reasonable to conclude that this small VOC
increase should not contribute to additional ozone formation.
Therefore, we find that this revision will not interfere with any
applicable requirement concerning attainment and reasonable further
progress (as defined in section 171), or any other applicable
requirement of the Act.
III. Proposed Action
We are proposing to approve a revision to the Louisiana SIP that
would modify the Baton Rouge area maintenance plan for the 2008 8-hour
ozone NAAQS which demonstrates that relaxing the federal RVP
requirements for gasoline in the Baton Rouge area would not interfere
with the area's maintenance of the 2008 8-hour ozone NAAQS or any
applicable requirement of the CAA. We are also proposing to approve the
2022 and 2027 MVEBs included in this maintenance plan revision. The
Agency will respond to Louisiana's request to relax the federal RVP
requirements for gasoline in the Baton Rouge area in a separate
rulemaking.
IV. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely proposes to approve state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an
[[Page 16021]]
Indian tribe has demonstrated that a tribe has jurisdiction. In those
areas of Indian country, the proposed rule does not have tribal
implications and will not impose substantial direct costs on tribal
governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: April 3, 2018.
Anne Idsal,
Regional Administrator, Region 6.
[FR Doc. 2018-07678 Filed 4-12-18; 8:45 am]
BILLING CODE 6560-50-P
