Air Plan Approval; Louisiana; Withdrawal of Stage II Vapor Recovery Systems Requirements, 34108-34110 [2020-09948]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34108-34110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-09948]



[[Page 34108]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2019-0496; FRL-10008-75-Region 6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is approving a revision to the 
Louisiana State Implementation Plan (SIP) submitted by the State of 
Louisiana (``State'') 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 6-Parish Area''). The SIP revision EPA is approving removes from 
the SIP the requirement to install Stage II vapor recovery systems and 
includes requirements for the decommissioning of existing Stage II 
equipment at GDFs in the 6-Parish Area.

DATES: This rule is effective on July 6, 2020.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2019-0496. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Wendy Jacques, EPA Region 6 Office, 
Infrastructure & Ozone Section, 214-665-7395, [email protected]. 
Out of an abundance of caution for members of the public and our staff, 
the EPA Region 6 office will be closed to the public to reduce the risk 
of transmitting COVID-19. Please call or email the contact listed above 
if you need alternative access to material indexed but not provided in 
the docket.

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

I. Background

    The background for this action is discussed in detail in our 
February 28, 2020 proposal (85 FR 11928). In that document, we proposed 
to approve the Louisiana SIP revisions submitted on May 30, 2019 by the 
State that (1) remove from the SIP the requirement to implement Stage 
II vapor recovery in the 6-Parish Area and (2) provide decommissioning 
procedures that existing GDFs in the 6-Parish Area shall complete 
within 18 months of the effective date of EPA's approval of this final 
rule. The removal of the Stage II requirements is possible because on-
board vapor recovery is now in widespread use in the vehicle fleet. 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 which precludes approval of revisions to the SIP that 
contribute to nonattainment or interfere with maintenance of any 
National Ambient Air Quality Standard.
    Our February 28, 2020 proposal provided a detailed description of 
the revisions and the rationale for EPA's proposed actions, together 
with a discussion of the opportunity to comment. The public comment 
period for these actions closed on March 30, 2020. We received a 
comment of support on our proposal from a private citizen, which is 
posted in the docket for this action. See the docket for this 
rulemaking and our proposal at 85 FR 11928 for more information.
    We did not receive adverse comments regarding our proposal. 
Therefore, we are finalizing our action as proposed.

II. Final Action

    We are approving 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 approving the 
revisions at Title 33 of the Louisiana Air Code, Part III, Chapter 21 
(denoted LAC 33:III.2132), subsections B-F and J that remove from the 
SIP the requirement to implement Stage II from Ascension, East Baton 
Rouge, Iberville, Livingston, Pointe Coupee, and West Baton Rouge 
parishes and address the decommissioning of Stage II equipment. We are 
also approving related revisions to the Stage II SIP narrative that 
address the maintenance and removal of Stage II equipment, and 
demonstrate that the removal of, or failure to install Stage II 
equipment in the 6-Parish Area, meets section 110(l) of the Act.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, the EPA is finalizing the incorporation by reference the 
revisions to the Louisiana regulations as described in the Final Action 
section above. The EPA has made, and will continue to make, these 
materials generally available through www.regulations.gov (please 
contact the person identified in the FOR FURTHER INFORMATION CONTACT 
section of this preamble for more information). Therefore, these 
materials have been approved by EPA for inclusion in the SIP, have been 
incorporated by reference by EPA into that plan, are fully federally 
enforceable under sections 110 and 113 of the CAA as of the effective 
date of the final rulemaking of EPA's approval, and will be 
incorporated in the next update to the SIP compilation.

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 approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735 (October 4, 1993)) and 13563 (76 FR 3821 (January 
21, 2011));
     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

[[Page 34109]]

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)).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 3, 2020. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Ozone, Volatile organic 
compounds.

    Dated: May 5, 2020.
Kenley McQueen,
Regional Administrator, Region 6.

    For the reasons stated in the preamble, amend 40 CFR part 52 as 
follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart T--Louisiana

0
2. In Sec.  52.970:
0
a. In paragraph (c) amend the table by revising the entry for ``Section 
2132''; and
0
b. In paragraph (e) amend the table titled ``EPA Approved Nonregulatory 
Provisions and Quasi-Regulatory Measures'' by adding an entry for 
``Stage II Vapor Recovery Program SIP'' at the end of the table.
    The revision and addition read as follows:


Sec.  52.970  Identification of plan

* * * * *
    (c) * * *

                             EPA Approved Louisiana Regulations in the Louisiana SIP
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                                                       State approval
         State citation              Title/subject          date        EPA approval date         Comments
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                                                  * * * * * * *
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                              Chapter 21--Control of Emissions of Organic Compounds
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                                                  * * * * * * *
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                                         Subchapter F Gasoline Handling
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                                                  * * * * * * *
Section 2132....................  Stage II Vapor            7/20/2018  6/3/2020, [Insert   .....................
                                   Recovery Systems                     Federal Register
                                   for Control of                       citation].
                                   Vehicle Refueling
                                   Emissions at
                                   Gasoline
                                   Dispensing
                                   Facilities.
 
                                                  * * * * * * *
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* * * * *
    (e) * * *

[[Page 34110]]



                  EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
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                                       Applicable           State
      Name of SIP provision          geographic or       submittal/     EPA approval date       Explanation
                                   nonattainment area  effective date
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                                                  * * * * * * *
Stage II Vapor Recovery           Statewide..........       5/30/2019  6/3/2020, [Insert
 Decommissioning.                                                       Federal Register
                                                                        citation].
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[FR Doc. 2020-09948 Filed 6-2-20; 8:45 am]
 BILLING CODE 6560-50-P