81 FR 37160 - Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 111 (June 9, 2016)
Federal Register Volume 81, Issue 111 (June 9, 2016)
| Page Range | 37160-37162 | |
| FR Document | 2016-13605 |
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)] [Rules and Regulations] [Pages 37160-37162] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13605] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0315; FRL-9947-39-Region 5] Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery Requirements AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is approving, as a revision to the Indiana state implementation plan (SIP), submittals from the Indiana Department of Environmental Management (IDEM) dated April 27, and September 10, 2015. The submittal concerns the state's Stage II vapor recovery (Stage II) program for the Indiana portion of the Chicago (Lake and Porter counties) and the Louisville, Kentucky (Clark and Floyd counties) ozone nonattainment areas. The submittal removes Stage II requirements from both nonattainment areas, as a component of the Indiana ozone SIP. The submittal also includes a demonstration under the Clean Air Act (CAA) that addresses emission impacts associated with the removal of the Stage II program. EPA proposed to approve the state's submittal on February 25, 2016, and received no comments. DATES: This final rule is effective on July 11, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0315. All documents in the docket are listed in the http://www.regulations.gov Web site. 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 and will be publicly available only in hard copy form. Publicly available docket materials are available either through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. I. What is being addressed by this document? On February 25, 2016, at 81 FR 9391, EPA proposed to approve amendments to 326 IAC 8-4-6 and 326 IAC 8-4-1 of the Indiana Administrative Code, removing Stage II requirements from the Indiana's Federally-approved ozone SIP. The revision included copies of 326 IAC 8-4-1 and 326 IAC 8-4-6, as published in the Indiana Register on March 4, 2015 (Document ID Number: 20150304-IR-326120636FRA); a summary of state-specific calculations based on EPA guidance used to calculate program benefits and demonstrate widespread use of onboard refueling vapor recovery (ORVR) in Indiana; and a section 110(l) demonstration that includes offset emission documentation that addresses the 2013- 2015 period, when Stage II requirements were waived in Indiana but widespread use of ORVR had not yet occurred. II. What comments did we receive on the proposed SIP revision? EPA provided a 30-day review and comment period on the proposed action. The comment period closed on March 28, 2016. EPA received no comments. III. What action is EPA taking? EPA is approving revisions to the Indiana ozone SIP submitted dated [[Page 37161]] April 27, and September 10, 2015, concerning the state's Stage II program in Indiana. EPA finds that the revisions will not interfere with any applicable requirement concerning attainment, reasonable further progress or any other applicable CAA requirement. IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Indiana Regulations described in the proposed amendments to 40 CFR part 52 set forth below. 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 by reference by the Director of the Federal Register in the next update to the SIP compilation.\1\ EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 5 Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). --------------------------------------------------------------------------- \1\ 62 FR 27968 (May 22, 1997). --------------------------------------------------------------------------- V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, 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 Order 12866 (58 FR 51735, October 4, 1993); 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 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 8, 2016. 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, Nitrogen oxides, Ozone, Volatile organic compounds. Dated: June 3, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5. 40 CFR part 52 is amended 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. 0 2. In Sec. 52.770 the table in paragraph (c) is amended under ``Article 8: Volatile Organic Compound Rules'', ``Rule 4: Petroleum Sources'' by revising the entries for 8-4-1 ``Applicability'' and 8-4-6 ``Gasoline dispensing facilities'' to read as follows: Sec. 52.770 Identification of plan. * * * * * (c) * * * [[Page 37162]] EPA-Approved Indiana Regulations -------------------------------------------------------------------------------------------------------------------------------------------------------- Indiana Indiana citation Subject effective date EPA approval date Notes -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- Article 8: Volatile Organic Compound Rules -------------------------------------------------------------------------------------------------------------------------------------------------------- Rule 4: Petroleum Sources -------------------------------------------------------------------------------------------------------------------------------------------------------- 8-4-1............................. Applicability........ 3/5/2015 6/9/2016, [Insert Federal Register citation]. * * * * * * * 8-4-6............................. Gasoline dispensing 3/5/2015 6/9/2016, [Insert Federal Register facilities. citation]. * * * * * * * -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-13605 Filed 6-8-16; 8:45 am] BILLING CODE 6560-50-P
![37160 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations
Commandant Instruction. An assisting the Captain of the Port Miami DATES: This final rule is effective on July
environmental analysis checklist in the enforcement of the regulated area. 11, 2016.
supporting this determination and a (2) The term ‘‘Columbus Day’’ means ADDRESSES: EPA has established a
Categorical Exclusion Determination are the federally recognized holiday docket for this action under Docket ID
available in the docket where indicated occurring annually on the second No. EPA–R05–OAR–2015–0315. All
under ADDRESSES. We seek any Monday in October. documents in the docket are listed in
comments or information that may lead (c) Regulations. All vessels within the the http://www.regulations.gov Web
to the discovery of a significant regulated area are required to transit at site. Although listed in the index, some
environmental impact from this rule. no more than 15 knots, are subject to information is not publicly available,
control by the Coast Guard, and must e.g., Confidential Business Information
G. Protest Activities follow the instructions of designated or other information whose disclosure is
The Coast Guard respects the First representatives. restricted by statute. Certain other
Amendment rights of protesters. (d) Enforcement period. This section material, such as copyrighted material,
Protesters are asked to contact the will be in enforced annually on is not placed on the Internet and will be
person listed in the FOR FURTHER Columbus Day weekend, starting at publicly available only in hard copy
INFORMATION CONTACT section to noon on the Saturday before Columbus form. Publicly available docket
coordinate protest activities so that your Day through 2 a.m. on Monday (the materials are available either through
message can be received without Columbus Day holiday); from 9 p.m. http://www.regulations.gov, or please
jeopardizing the safety or security of December 31st until 2 a.m. January 1st; contact the person identified in the FOR
people, places or vessels. and from 7 p.m. until 2 a.m. on the FURTHER INFORMATION CONTACT section
night Fourth of July fireworks are for additional availability information.
List of Subjects in 33 CFR Part 165 scheduled in Downtown Miami and Key
FOR FURTHER INFORMATION CONTACT:
Harbors, Marine safety, Navigation Biscayne.
Francisco J. Acevedo, Mobile Source
(water), Reporting and recordkeeping Dated: June 2, 2016. Program Manager, Control Strategies
requirements, Security measures, S.A. Buschman, Section, Air Programs Branch (AR–18J),
Waterways. Rear Admiral, U.S. Coast Guard, Commander, Environmental Protection Agency,
For the reasons discussed in the Seventh Coast Guard District. Region 5, 77 West Jackson Boulevard,
preamble, the Coast Guard amends 33 [FR Doc. 2016–13656 Filed 6–8–16; 8:45 am] Chicago, Illinois 60604, (312) 886–6061,
CFR part 165 as follows: BILLING CODE 9110–04–P acevedo.francisco@epa.gov.
SUPPLEMENTARY INFORMATION:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS Throughout this document whenever
ENVIRONMENTAL PROTECTION ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
■ 1. The authority citation for part 165 AGENCY EPA.
continues to read as follows: I. What is being addressed by this
40 CFR Part 52
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; document?
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; [EPA–R05–OAR–2015–0315; FRL–9947–39–
Department of Homeland Security Delegation Region 5] On February 25, 2016, at 81 FR 9391,
No. 0170.1. EPA proposed to approve amendments
Air Plan Approval; Indiana; Removal of to 326 IAC 8–4–6 and 326 IAC 8–4–1 of
■ 2. Revise § 165.779 to read as follows: Gasoline Vapor Recovery the Indiana Administrative Code,
§ 165.779 Regulated Navigation Area; Requirements removing Stage II requirements from the
Holiday Events; Biscayne Bay, Miami, FL. Indiana’s Federally-approved ozone SIP.
AGENCY: Environmental Protection The revision included copies of 326 IAC
(a) Regulated area. The regulated Agency (EPA). 8–4–1 and 326 IAC 8–4–6, as published
navigation area encompasses all waters ACTION: Final rule. in the Indiana Register on March 4, 2015
of Biscayne Bay between Julia Tuttle
(Document ID Number: 20150304–IR–
and Turkey Point contained within the SUMMARY: The Environmental Protection
326120636FRA); a summary of state-
following points: Beginning at Point 1 in Agency (EPA) is approving, as a revision
specific calculations based on EPA
position 25°48′43″ N, 80°08′29″ W; to the Indiana state implementation
guidance used to calculate program
thence south to Point 2 in position plan (SIP), submittals from the Indiana
benefits and demonstrate widespread
25°29′07″ N, 80°10′44″ W; thence Department of Environmental
use of onboard refueling vapor recovery
southwest to Point 3 in position Management (IDEM) dated April 27, and
(ORVR) in Indiana; and a section 110(l)
25°25′51″ N, 80°12′00″ W; thence west September 10, 2015. The submittal
demonstration that includes offset
to Point 4 in position 25°25′51″ N, concerns the state’s Stage II vapor
emission documentation that addresses
80°19′42″ W; thence north to Point 5 in recovery (Stage II) program for the
the 2013–2015 period, when Stage II
position 25°29′10″ N, 80°20′58″ W; Indiana portion of the Chicago (Lake
requirements were waived in Indiana
thence north to Point 6 in position and Porter counties) and the Louisville,
but widespread use of ORVR had not yet
25°37′35″ N, 80°18′28″ W; thence Kentucky (Clark and Floyd counties)
occurred.
northeast to Point 7 in position ozone nonattainment areas. The
25°48′44″ N, 80°11′17″ W; thence back submittal removes Stage II requirements II. What comments did we receive on
to origin. All coordinates are North from both nonattainment areas, as a the proposed SIP revision?
American Datum 1983. component of the Indiana ozone SIP. EPA provided a 30-day review and
(b) Definitions. (1) The term The submittal also includes a
rmajette on DSK2TPTVN1PROD with RULES
comment period on the proposed action.
‘‘designated representative’’ means demonstration under the Clean Air Act The comment period closed on March
Coast Guard Patrol Commanders, (CAA) that addresses emission impacts 28, 2016. EPA received no comments.
including Coast Guard coxswains, petty associated with the removal of the Stage
officers, and other officers operating II program. EPA proposed to approve III. What action is EPA taking?
Coast Guard vessels, and Federal, state, the state’s submittal on February 25, EPA is approving revisions to the
and local officers designated by or 2016, and received no comments. Indiana ozone SIP submitted dated
VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1](https://thefederalregister.org/doc/81_FR_37271/page/1.svg)
![37162 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations
EPA-APPROVED INDIANA REGULATIONS
Indiana
Indiana citation Subject effective EPA approval date Notes
date
* * * * * * *
Article 8: Volatile Organic Compound Rules
Rule 4: Petroleum Sources
8–4–1 ........................................... Applicability .................................. 3/5/2015 6/9/2016, [Insert Federal
Register citation].
* * * * * * *
8–4–6 ........................................... Gasoline dispensing facilities ...... 3/5/2015 6/9/2016, [Insert Federal
Register citation].
* * * * * * *
* * * * * www.regulations.gov or via email to II. How is the SIP being revised?
[FR Doc. 2016–13605 Filed 6–8–16; 8:45 am] blakley.pamela@epa.gov. For comments III. What is EPA’s analysis of the state’s
BILLING CODE 6560–50–P submitted at Regulations.gov, follow the submission?
IV. What action is EPA taking?
online instructions for submitting V. Incorporation by Reference
comments. Once submitted, comments VI. Statutory and Executive Order Reviews
ENVIRONMENTAL PROTECTION cannot be edited or removed from
AGENCY Regulations.gov. For either manner of I. Background Information
submission, EPA may publish any In the SIP, the ELT River Road
40 CFR Part 52 comment received to its public docket. Industrial Center is subject to specific
[EPA–R05–OAR–2015–0136; FRL–9947–48– Do not submit electronically any restrictions as part of Minnesota’s SIP
Region 5] information you consider to be for SO2 in the Twin Cities Seven County
Confidential Business Information (CBI) SO2 area (Twin Cities area).1 The SIP for
Air Plan Approval; Minnesota; Sulfur ELT’s River Road Industrial Center was
or other information whose disclosure is
Dioxide most recently approved by EPA on
restricted by statute. Multimedia
AGENCY: Environmental Protection submissions (audio, video, etc.) must be August 3, 2010, (75 FR 148).
Agency (EPA). accompanied by a written comment. Currently, four fossil fuel-fired boilers
ACTION: Direct final rule. The written comment is considered the (#1, #2, #3, and #4) and four emergency
official comment and should include generators (#5, #6, #7, and #8) are the
SUMMARY: The Environmental Protection discussion of all points you wish to primary emission units at the facility.
Agency (EPA) is approving a revision to make. EPA will generally not consider Boilers #1, #2, and #3 use natural gas as
the Minnesota sulfur dioxide (SO2) State comments or comment contents located their primary fuel with distillate oil as
Implementation Plan (SIP) for ELT outside of the primary submission (i.e. a backup fuel. Boiler #4 uses natural gas
Minneapolis, LLC’s (ELT) River Road for fuel. All the emergency generators
on the web, cloud, or other file sharing
Industrial Center located in Fridley, use low sulfur diesel fuel. In addition,
system). For additional submission
Anoka County, Minnesota. The revision, the facility is subject to fuel usage
methods, please contact the person
submitted by the Minnesota Pollution limitations to restrict the total facility
identified in the FOR FURTHER
Control Agency on February 24, 2016, SO2 emissions.
INFORMATION CONTACT section. For the
updates information to reflect both
full EPA public comment policy, II. How is the SIP being revised?
administrative and equipment changes
information about CBI or multimedia On February 24, 2016, the MPCA
at the facility. The name of the facility
submissions, and general guidance on submitted a revision to Minnesota’s SO2
has changed to BAE Technology Center
(BAE). The revision will result in a making effective comments, please visit SIP for the ELT River Road Industrial
significant decrease in SO2 emissions http://www2.epa.gov/dockets/ Center. The revision, most specifically,
and will support the continued commenting-epa-dockets. reflects changes as a result of new
attainment and maintenance of the SO2 FOR FURTHER INFORMATION CONTACT: ownership.
national ambient air quality standard Charles Hatten, Environmental In 2015, as part of a purchase
(NAAQS) in the Twin Cities area. Engineer, Control Strategies Section, Air agreement, corporate ownership
DATES: This rule is effective on August Programs Branch (AR–18J), transferred from ELT to the Gramercy
8, 2016, unless EPA receives adverse Environmental Protection Agency, Property Trust Fridley Owner LLC (GPT
written comments by July 11, 2016. If Region 5, 77 West Jackson Boulevard, Fridley). GPT Fridley changed the name
EPA receives adverse comments, EPA Chicago, Illinois 60604, (312)886–6031, of the facility from River Road Industrial
will publish a timely withdrawal of the hatten.charles@epa.gov. Center to BAE.
rmajette on DSK2TPTVN1PROD with RULES
Under new ownership, BAE will be
rule in the Federal Register and inform SUPPLEMENTARY INFORMATION:
used for office and warehouse space.
the public that the rule will not take Throughout this document whenever
The emergency generators are used for
effect. ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
stand-by power, for both life-safety, and
ADDRESSES: Submit your comments, EPA. This supplementary information
identified by Docket ID No. EPA–R05– section is arranged as follows: 1 The area was officially designated attainment of
OAR–2016–0136 at http:// I. Background Information the SO2 NAAQS on July 31, 1995 (60 FR 28339).
VerDate Sep<11>2014 19:49 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1](https://thefederalregister.org/doc/81_FR_37271/page/3.svg)
Document Created: 2018-02-08 07:33:47
Document Modified: 2018-02-08 07:33:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on July 11, 2016. | |
| Contact | Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6061, [email protected] | |
| FR Citation | 81 FR 37160 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone and Volatile Organic Compounds |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR