Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor Recovery Systems Requirements, 11928-11931 [2020-04064]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11928-11931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04064]



[[Page 11928]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0496; FRL-10005-72-Region 6]


Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor 
Recovery Systems Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is proposing to approve a 
revision to the Louisiana State Implementation Plan (SIP) submitted by 
the State of Louisiana on May 30, 2019 that pertains to gasoline 
dispensing facilities (GDFs) in the parishes of Ascension, East Baton 
Rouge, Iberville, Livingston, West Baton Rouge, and Pointe Coupee. The 
SIP revision proposed for approval would remove from the SIP the 
requirement to install Stage II vapor recovery systems and include the 
requirements for the decommissioning of existing Stage II equipment at 
GDFs in these areas.

DATES: Written comments must be received on or before March 30, 2020.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2019-0496, at https://www.regulations.gov/ or via email to 
[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 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://www.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 Office, 1201 Elm Street, Suite 500, 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: Wendy Jacques, EPA Region 6 Office, 
Infrastructure & Ozone section, 1201 Elm Street, Suite 500, Dallas, TX 
75270, 214-665-7395, [email protected]. To inspect the hard copy 
materials, please schedule an appointment with Ms. Jacques or Mr. Bill 
Deese at 214-665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    Ozone is a gas composed of three oxygen atoms. Ground-level ozone 
is generally not emitted directly from a vehicle's exhaust or an 
industrial smokestack but is created by a chemical reaction between 
nitrogen oxides (NOX) and volatile organic compounds (VOC) 
in the presence of sunlight and high ambient temperatures. (VOC and 
NOX emissions often are referred to as ``precursors'' to 
ozone formation.) Thus, ozone is known primarily as a summertime air 
pollutant. Motor vehicle exhaust and industrial emissions, gasoline 
vapors, chemical solvents and natural sources emit NOX and/
or VOC. Urban areas tend to have high concentrations of ground-level 
ozone, but areas without significant industrial activity and with 
relatively low vehicular traffic are also subject to increased ozone 
levels because wind carries ozone and its precursors hundreds of miles 
from their sources. In 1979, under section 109 of the CAA, the EPA 
established the primary and secondary National Ambient Air Quality 
Standards (NAAQS) for ozone at 0.12 parts per million (ppm) averaged 
over a 1-hour period (44 FR 8202, February 8, 1979). In 1997, we 
revised the primary and secondary NAAQS for ozone to set the acceptable 
level of ozone in the ambient air at 0.08 ppm, averaged over an 8-hour 
period (62 FR 38856, July 18, 1997). In 2008, we further revised the 
primary and secondary ozone NAAQS to 0.075 ppm, averaged over an 8-hour 
period (73 FR 16436, March 27, 2008). In 2015, we again revised the 
primary and secondary ozone NAAQS to 0.070 ppm, averaged over an 8-hour 
period (73 FR 16436, March 27, 2008). For additional information on 
ozone, visit https://www.epa.gov/ozone-pollution.
    Stage II Vapor Recovery is an air pollution control technology for 
automobiles. When an automobile or other vehicle is brought into a gas 
station to be refueled, the empty portion of the gas tank on the 
vehicle contains gasoline vapors, which are VOCs. When liquid gasoline 
is pumped into the partially empty gas tank the vapors are forced out 
of the tank as the tank fills with liquid gasoline. Where air pollution 
control technology is not used, these vapors are emitted into the air. 
In the atmosphere, these VOCs can, in the presence of sunlight, react 
with NOX and VOCs from other sources to form ozone. The 
Stage II system consists of special nozzles and coaxial hoses at each 
gas pump that capture vapor from the vehicle's fuel tank and route them 
to underground or aboveground storage tank(s) during the refueling 
process.
    Onboard refueling vapor recovery (ORVR) is another emission control 
system that can capture fuel vapors from vehicle gas tanks during 
refueling. As stated, Stage II vapor recovery systems are specifically 
installed at gasoline dispensing facilities and capture the refueling 
fuel vapors at the gasoline pump nozzle. The system carries the vapors 
back to the underground storage tank at the gasoline dispensing 
facility to prevent the vapors from escaping to the atmosphere. ORVR 
systems are carbon canisters installed directly on automobiles to 
capture the fuel vapors evacuated from the gasoline tank before they 
reach the nozzle. The fuel vapors captured in the carbon canisters are 
then combusted in the engine when the automobile is in operation.
    Stage II vapor recovery systems and vehicle ORVR systems were 
initially both required by the 1990 Amendments to the CAA. Under CAA 
Section 182(b)(3) ozone nonattainment areas classified as moderate and 
above were required to adopt Stage II requirements with the goal of the 
technology being implemented on all gas stations by November 1994. CAA 
section 202(a)(6), requires an onboard system of capturing vehicle 
refueling emissions, commonly referred to as an ORVR system. In 1994, 
EPA promulgated ORVR standards (59 FR 16262 (April 6, 1994)). Section 
202(a)(6) of the CAA required that the EPA's ORVR standards apply to 
light-duty vehicles manufactured beginning in the fourth model year 
after the model year in which the standards were promulgated, and that 
ORVR systems provide a minimum evaporative emission capture efficiency 
of 95

[[Page 11929]]

percent.\1\ ORVR equipment has been phased in for new light duty 
vehicles (passenger vehicles) beginning with model year 1998 and 
starting with model year 2001 for light-duty trucks and most heavy-duty 
gasoline powered vehicles. Since 2006, ORVR has been a required 
emissions control on nearly all new gasoline-powered highway vehicles 
having less than 14,000 pounds gross vehicle weight rating. CAA section 
202(a)(6) provides discretionary authority to the Administrator, by 
rule, the ability to revise or waive the application of the Stage II 
requirements for areas classified as Serious, Severe, or Extreme for 
ozone, as appropriate, after such time as the Administrator determines 
that onboard emissions control systems are in widespread use throughout 
the motor vehicle fleet.
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    \1\ Unlike Stage II, which is a requirement only in ozone 
nonattainment areas, ORVR requirements apply to vehicles everywhere.
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    On May 16, 2012, EPA issued a national rulemaking making the 
finding that Stage II systems are in ``widespread use'' and determined 
that emission reductions from ORVR alone are essentially equal to and 
will soon surpass the emission reductions achieved by Stage II alone 
(see 77 FR 28772 at 28772). In the May 16, 2012 action, we noted that 
each year, non-ORVR-equipped vehicles continue to be replaced with 
ORVR-equipped vehicles and Stage II and ORVR systems capture the same 
VOC emissions and thus, are redundant. Id. EPA also determined that 
ORVR systems are in widespread use and waived the Stage II requirement 
for GDFs if doing so did not interfere with attaining or maintaining 
the ozone standards. Id. at 28776-287789. EPA also noted that any state 
currently implementing Stage II vapor recovery programs may submit SIP 
revisions that would allow for the phase-out of Stage II vapor recovery 
systems including a CAA section 110(l) analysis showing that its 
removal did not interfere with attaining or maintaining the ozone 
standards. Id.
    The Baton Rouge ozone area, consisting of Ascension, East Baton 
Rouge, Iberville, Livingston, and West Baton Rouge Parishes, was 
designated as nonattainment under the 1-hour ozone NAAQS (56 FR 56694 
(November 6, 1991)), the 1997 8-hour ozone NAAQS (69 FR 23857 (April 
30, 2004)) and the 2008 8-hour ozone NAAQS (77 FR 30088 (May 21, 
2012)). The Baton Rouge ozone area was subject to Stage II under the 
1990 Clean Air Act Amendments as it was classified as Serious 
nonattainment for the 1-hour NAAQS for ozone. In 1994, EPA approved the 
Louisiana Stage II SIP (59 FR 14112 (March 25, 1994)) that required 
owners and operators of GDFs to install and operate Stage II vapor 
recovery equipment in the Louisiana 1-hour ozone nonattainment area. 
The Baton Rouge ozone area was found to be attaining the 1-hour ozone 
NAAQS on February 10, 2010 (75 FR 6570), and was redesignated as 
attainment for the 1997 8-hour ozone NAAQS on November 20, 2011 (76 FR 
7400) and the 2008 8-hour ozone NAAQS on December 27, 2016, (81 FR 
95051). Under the 2015 ozone NAAQS, all of Louisiana is designated as 
attainment/unclassifiable (82 FR 54232 (November 16, 2017) and 83 FR 
25776 (June 4, 2018)).
    The Stage II vapor recovery requirements also apply to Pointe 
Coupee Parish despite EPA's 1997 removal of Pointe Coupee Parish from 
the Baton Rouge ozone area and Pointe Coupee's attainment determination 
for the 1-hour ozone NAAQS. This was due to EPA's prior inclusion of 
Point Coupee Parish as part of the Baton Rouge 1-hour ozone 
nonattainment area in 1991 and EPA's approval of the Louisiana Stage II 
SIP in 1994 (59 FR 14112 (March 25, 1994)).\2\
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    \2\ In 1991, Pointe Coupee Parish originally was included in the 
Baton Rouge 1-hour ozone nonattainment area (56 FR 5694 (November 6, 
1991)). In 1997, we later removed Pointe Coupee Parish from the 
Baton Rouge ozone nonattainment area because it was not part of the 
Baton Rouge Consolidated Metropolitan Statistical Area (CMSA), and 
since it was no longer part of the Baton Rouge ozone area, we 
corrected its classification to Marginal, redesignated Pointe Coupee 
Parish to attainment for the 1-hour ozone NAAQS, and approved the 
Maintenance Plan, all in the same Federal Register Notice at 62 FR 
648 (January 6, 1997). The State, however, did not submit a SIP 
revision to remove the Stage II requirement from the SIP until May 
2019.
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    To determine whether we can approve the SIP revision, we must 
evaluate the impact of removing the Stage II vapor recovery 
requirements for the Baton Rouge ozone area which includes the 
Louisiana parishes of Ascension, East Baton Rouge, Iberville, 
Livingston, and West Baton Rouge as well as Pointe Coupee. (We 
hereinafter refer to the parishes within the Baton Rouge ozone area and 
Pointe Coupee Parish as ``the 6-Parish Area.'').

II. Louisiana's SIP Revision

    On May 30, 2019, Louisiana submitted revisions to Title 33 of the 
Louisiana Air Code, Part III, Chapter 21 (denoted LAC 33:III.2132) and 
corresponding revisions to the Louisiana Stage II Vapor Recovery SIP. 
In their SIP submittal, Louisiana demonstrated that emissions 
reductions from ORVR systems are estimated to be negligibly less than 
those from Stage II systems at GDFs, but that the air quality would not 
be negatively affected by the removal of Stage II equipment. Because of 
these two demonstrations, Louisiana requested the withdrawal of Stage 
II vapor recovery systems requirements for the 6-Parish Area from the 
SIP.
    The revisions to the SIP describe the continued applicability of 
Stage II requirements until the operator of the GDF completes the 
decommissioning of the Stage II system; the requirement of the operator 
of the GDF to submit written notification to the Louisiana Department 
of Environmental Quality (LDEQ) of its intent to decommission Stage II 
equipment at least 30 calendar days prior to beginning any 
decommissioning activity; the requirement that technicians that have 
appropriate training and certification may perform the Stage II 
decommissioning procedure; the requirement that the operator shall 
notify LDEQ in writing no later than 10 days after completion of all 
decommissioning activities; and the requirement for the GDF to maintain 
all documents related to the decommissioning onsite at least 4 years 
and make such documents available upon request. All decommissioning 
activity must be completed within 30 days after the start date. Any 
existing GDF in Louisiana shall complete the decommissioning of the 
Stage II equipment within 18 months of EPA's final approval of this 
proposed rule. The revisions to the SIP also include a demonstration 
that the removal of Stage II equipment in the 6-Parish Area is 
consistent with section 110(l) of the Act.

III. EPA's Evaluation of the Revision

    EPA's primary consideration for determining the approvability of 
Louisiana's revisions to remove Stage II vapor control requirements and 
provide for decommissioning of all Stage II equipment in the 6-Parish 
Area is whether these revisions comply with section 110(l) of the Act. 
Section 110(l) requires that a revision to the SIP not interfere with 
any applicable requirement concerning attainment and reasonable further 
progress (RFP), or any other applicable requirement of the Act. The EPA 
can approve a SIP revision that removes or modifies control measures in 
the SIP once the state makes a ``noninterference'' demonstration that 
such removal or modification will not interfere with attainment of the 
NAAQS, RFP or any other CAA requirement. Louisiana must make a 
demonstration of noninterference in the parishes of Ascension, East 
Baton Rouge, Iberville,

[[Page 11930]]

Livingston, Pointe Coupee, and West Baton Rouge in order to remove the 
Stage II requirements from its SIP.
    EPA has reviewed Louisiana's submittal, which specifically revised 
LAC 33:III.2132 subsections B-F and J, as well as the accompanying SIP 
narrative, and has concluded that Louisiana's May 30, 2019, SIP 
revision addresses the EPA's Widespread Use for Onboard Refueling Vapor 
Recovery and Stage II Waiver (77 FR 28772) and is consistent with EPA's 
``Guidance on Removing Stage II Gasoline Vapor Control Programs from 
State Implementation Plans and Assessing Comparable Measures'' (EPA-
457/B-12-001 (August 7, 2012)).\3\ In accordance with EPA's Guidance on 
Removing Stage II, Louisiana submitted a demonstration that the Stage 
II decommissioning will not interfere with attainment or maintenance of 
the ozone NAAQS, included the requirements for the decommissioning of 
Stage II vapor recovery equipment, and included the analysis of VOC 
emission impacts from removal of Stage II controls at GDFs located in 
the 6-Parish Area. Louisiana estimated using the guidance methodologies 
from the August 2012 guidance memo referenced above that the VOC 
emissions would minimally increase. LDEQ estimated the impact on 
emissions from decommissioning Stage II in the 6-Parish Area by using 
EPA approved equations from the same 2012 guidance, to assess 
compliance with CAA 110(l). The equations used were two values of Stage 
II vapor recovery system efficiencies (60 percent and 75 percent), and 
two representative fleet age distributions (2010 and 2017). The 
analyses indicated that by 2017, the removal of Stage II vapor recovery 
systems would result in a minimal increase in VOC emissions that ranges 
from 0.02 to 0.09 tons per day (tpd) distributed over the 6-Parish 
Area.
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    \3\ The guidance document is available at: https://www3.epa.gov/ttn/naaqs/aqmguide/collection/cp2/20120807_page_stage2_removal_guidance.pdf.
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    This minimal increase in VOC emissions from the 6-Parish Area is 
negligible when comparing the 0.02 to 0.09 tpd with the total amount of 
VOCs from all anthropogenic sources in the Baton Rouge ozone area. In 
the current Baton Rouge ozone area maintenance plan, VOC emissions were 
calculated to be 145.5 tpd in 2011, and projected to be 141.2 tpd in 
2022 and 140.8 tpd in 2027 (83 FR 16017 at 16019, (April 13, 2018)).\4\ 
In addition, LDEQ indicated in their SIP submittal that ozone formation 
has been found in past photochemical modeling exercises in the 6-Parish 
Area to be driven by changes in NOX emissions, rather than 
VOC emissions. LDEQ indicated that ozone impacts were expected to be 
negligible from the increases in VOCs and included a reference to a 
prior modeling analysis that LDEQ had contracted Environ and ERG to 
perform in 2013.\5\ The modeling analysis reduced all man-made VOCs in 
Louisiana by 30% in the 2017 Future Year modeling, which equated to a 
decrease of 45 tpd in the 6-Parish Area subject to Stage II. Removal of 
45 tpd resulted in reductions of only 0 to 1 ppb in the 2017 Future 
Year Design Value.\6\ We have reviewed this modeling and concur with 
LDEQ's assessment in their referenced report, that the 6-Parish Area 
typically responds to NOX emission changes and not VOC 
emission changes.\7\ Given that (1) the projected increase in VOC 
emissions is extremely small (<0.1 tpd) when compared to all the 
anthropogenic VOC emissions in the area and (2) ozone formation in the 
area has been found to be predominantly driven by changes in 
NOX emissions rather than VOC emissions, we believe that 
removal of Stage II vapor recovery systems would have a negligible 
impact on ozone levels.
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    \4\ EPA's proposed approval of Baton Rouge 2008 8-hour ozone 
NAAQS maintenance plan: 83 FR 16017 (April 13, 2018); EPA's final 
action: 83 FR 24226 (5/25/18). The State's submittal, Federal 
Register actions, and TSD to that action, are incorporated by 
reference into this action. See Docket number EPA-R06-OAR-2018-1111.
    \5\ See LDEQ SIP pages 17 & 22. ENVIRON and ERG, 2013. 
``Technical Support Document: Photochemical Modeling for the 
Louisiana 8-hour Ozone State Implementation Plan.'' Prepared by 
Environ International Corporation, Novato, CA, and Eastern Research 
Group, Inc., Rancho Cordova, CA, for the Louisiana Department of 
Environmental Quality, Baton Rouge, LA (August 2013); pdf pages 152-
158. This document is in the docket as EPA-R06-OAR-2019-0496.
    \6\ Id. and 
``EPA_Analysis_of_Environ_2013_Modeling_Report.xlsx'' This document 
is in the docket as EPA-R06-OAR-2019-0496.
    \7\ See. ``Technical Support Document: Photochemical Modeling 
for the Louisiana 8-hour Ozone State Implementation Plan.'' Prepared 
by Environ International Corporation, Novato, CA, and Eastern 
Research Group, Inc., Rancho Cordova, CA, for the Louisiana 
Department of Environmental Quality, Baton Rouge, LA (August 2013); 
pdf pages 152-158. This document is in the docket as EPA-R06-OAR-
2019-0496.
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    In addition, the removal of Stage II is consistent with the current 
maintenance plan for the Baton Rouge ozone area for the 2008 8-hour 
ozone NAAQS (83 FR 24226 (May 25, 2018)) and the maintenance plan for 
Pointe Coupee Parish (78 FR 27058 (May 9, 2013)). The approved, revised 
maintenance plan for the redesignated Baton Rouge area demonstrates 
attainment of the 2008 8-hour ozone NAAQS through 2027.\8\ This 
approved maintenance plan for the five parishes estimates VOC emissions 
for 2027 to be 140.8 tpd. Assuming a maximum increase of 0.09 tpd VOC 
due to removal of Stage II vapor recovery requirements, the estimated 
VOC emissions for 2027 would be 140.8 + 0.09 = 140.89 tpd. Should the 
VOC emissions reach the maximum estimate of 140.89 tpd, they would 
still be less than the 2011 base year emissions of 144.1 tpd and thus, 
a maximum increase of 0.09 tpd VOC emissions is consistent with the 
maintenance plan for the area and would not interfere with the 
attainment or maintenance of the 2008 NAAQS in the five parishes.
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    \8\ In the approved maintenance plan, https://www.govinfo.gov/content/pkg/FR-2018-05-25/pdf/2018-11217.pdf, the VOC emissions for 
2027 are estimated to be 140.8 tpd, which are lower than the 2011 
base year emissions of 144.1 tpd. The State's submittal, Federal 
Register actions, and TSD to that action, are incorporated by 
reference into this action. See Docket number EPA-R06-OAR-2018-0111.
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    For Pointe Coupee Parish, we approved a maintenance plan for the 
1997 8-hour ozone standard on May 9, 2013 (78 FR 27058). This 
maintenance plan demonstrates attainment through 2014. The maintenance 
plan estimates VOC emissions for 2014 as 7.66 tpd. Assuming a maximum 
increase of 0.09 tpd VOC due to removal of Stage II vapor recovery 
requirements, the estimated VOC emissions for 2014 would be 7.66 + 0.09 
= 7.75 tpd. Should the VOC emissions reach the maximum estimate of 7.75 
tpd, they would still be less than the 2002 base year emissions of 8.63 
tpd and thus, a maximum increase of 0.09 tpd VOC emissions is 
consistent with the maintenance plan and would not interfere with the 
attainment or maintenance of the 1997 8-hour NAAQS in this parish.\9\
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    \9\ In the approved maintenance plan, https://www.govinfo.gov/content/pkg/FR-2013-05-09/pdf/2013-10832.pdf, the VOC emissions for 
2014 are estimated to be 7.66 tpd, which are lower than the 2002 
base year emissions of 8.63 tpd. The State's submittal, Federal 
Register actions, and TSD are incorporated by reference into this 
action. See Docket number EPA-R06-OAR-2007-0206.
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    For the 2015 ozone standard, all six parishes are designated 
attainment/unclassifiable. As noted above, we believe that removal of 
Stage II vapor recovery systems would have a negligible impact on ozone 
levels and the small increase is consistent with the 2008 ozone 
maintenance plan for the Baton Rouge area and the 1997 8-hour 
maintenance plan for Pointe Coupee Parish. Thus, approval of the SIP 
revision would not interfere with any applicable requirement concerning 
attainment and maintenance of any ozone standard and is compliant with 
CAA section 110(l).

[[Page 11931]]

IV. Proposed Action

    The EPA is proposing to approve revisions to the Louisiana SIP that 
control emissions of VOCs and pertain to the removal of Stage II vapor 
recovery equipment submitted on May 30, 2019. Specifically, we are 
proposing to approve revisions to subsections B-F and J within LAC 
33:III.2132 that remove from the SIP, the requirement for Stage II from 
the six parishes of Ascension, East Baton Rouge, Iberville, Livingston, 
Pointe Coupee, and West Baton Rouge and related revisions that address 
the removal of Stage II equipment. We are proposing to find that the 
SIP demonstrates that the removal of Stage II equipment in the six 
parishes meets section 110(l) of the Act.

V. Incorporation by Reference

    In this action, we are proposing to include in a final rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, we are proposing to incorporate by 
reference revisions to the Louisiana regulations as described in the 
Proposed Action section above. We have made, and will continue to make, 
these documents generally available electronically through 
www.regulations.gov and in hard copy at the EPA Region 6 office (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission 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 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, Ozone, Volatile organic 
compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: February 20, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-04064 Filed 2-27-20; 8:45 am]
 BILLING CODE 6560-50-P