81 FR 71631 - Air Plan Approval; Ohio; Removal of Gasoline Vapor Recovery Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 201 (October 18, 2016)
Federal Register Volume 81, Issue 201 (October 18, 2016)
| Page Range | 71631-71633 | |
| FR Document | 2016-24912 |
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)] [Rules and Regulations] [Pages 71631-71633] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24912] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2015-0522; FRL-9954-21-Region 5] Air Plan Approval; Ohio; 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 under the Clean Air Act (CAA) to the Ohio state implementation plan (SIP), submittals from the Ohio Environmental Protection Agency (Ohio EPA) dated July 15, 2015, and February 29, 2016. The revision addresses the state's Stage II vapor recovery (Stage II) program for the Cleveland, Cincinnati, and Dayton ozone areas in Ohio. The revision removes Stage II requirements for the three areas as a component of the Ohio ozone SIP. The revision also includes a demonstration that addresses emission [[Page 71632]] impacts associated with the removal of the Stage II program. EPA proposed to approve the state's submittal on June 30, 2016, and received no comments. DATES: This final rule is effective on November 17, 2016. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2015-0522. 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 June 30, 2016, at 81 FR 42597, EPA proposed to approve amendments to OAC 3745-21-09 (DDD) that remove Stage II requirements from the Ohio ozone SIP and allow gasoline dispensing facilities currently implementing Stage II in the Cleveland, Cincinnati and Dayton areas to decommission their systems by 2017. The revision included amended copies of OAC 3745-21-09 (DDD), as adopted on April 29, 2013, and January 17, 2014; a summary of Ohio-specific calculations, based on EPA guidance, used to calculate program benefits and demonstrate widespread use of onboard refueling vapor recovery (ORVR) in Ohio; and a CAA section 110(l) demonstration that includes documentation that analyzes the period, 2013-2017, when Stage II requirements were waived in Ohio but widespread use of ORVR has 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 August 1, 2016. EPA received no comments. III. What action is EPA taking? EPA is approving revisions to the Ohio ozone SIP submitted by the state dated July 15, 2015, and February 29, 2016, for the state's Stage II program in Ohio. 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 Ohio Regulations described in the 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 [[Page 71633]] circuit by December 19, 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: October 5, 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. 52.1870 the table in paragraph (c) is amended under ``Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements'' by revising the entry for 3745-21-09 ``Control of Emissions of Volatile Organic Compounds from Stationary Sources and Perchloroethylene from Dry Cleaning Facilities'' to read as follows: Sec. 52.1870 Identification of plan. * * * * * (c) * * * EPA-Approved Ohio Regulations ---------------------------------------------------------------------------------------------------------------- Ohio effective Ohio citation Title/subject date EPA approval date Notes ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Chapter 3745-21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements ---------------------------------------------------------------------------------------------------------------- * * * * * * * 3745-21-09.............. Control of Emissions of 1/17/2014 10/18/2016, [Insert except (U)(1)(h). Volatile Organic Federal Register Compounds from citation]. Stationary Sources and Perchloroethylene from Dry Cleaning Facilities. * * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-24912 Filed 10-17-16; 8:45 am] BILLING CODE 6560-50-P
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§ 71.11 Administrative record, public enable interested parties to subscribe to the Director may use generally accepted
participation, and administrative review. the mailing list. The Administrator may methods (e.g., hyperlink sign-up
* * * * * update the mailing list from time to time function or radio button on an agency
(d) * * * by requesting written indication of Web site, sign-up sheet at a public
(3) * * * continued interest from those listed. hearing, etc.) that enable interested
(i) * * * The Administrator may delete from the parties to subscribe to a mailing list. The
(E) Persons on a mailing list, list the name of any person who fails to Director may update the mailing list
including those who request in writing respond to such a request within a from time to time by requesting written
to be on the list. As part of this reasonable timeframe; indication of continued interest from
requirement, the permitting authority * * * * * those listed. The Director may delete
shall notify the public of the (ii) By posting a notice on a public from the list the name of any person
opportunity to be put on the mailing list Web site identified by the Administrator who fails to respond to such a request
by way of generally accepted methods for the duration of the public comment within a reasonable timeframe.
(e.g., hyperlink sign-up function or period. The notice shall be consistent (B) In lieu of the requirement in
radio button on an agency Web site, with paragraph (d)(4)(i) of this section paragraph (c)(2)(i) of this section to
sign-up sheet at a public hearing, etc.) and be accompanied by a copy of the publish a notice in a daily or weekly
that enable interested parties to draft permit. newspaper, the Director shall notify the
subscribe to the mailing list. The public by posting the following
permitting authority may update the * * * * *
(4) * * * information, for the duration of the
mailing list from time to time by public comment period, on a public
(i) * * *
requesting written indication of Web site identified by the Director: A
(F) A brief description of the comment
continued interest from those listed. notice of availability of the draft permit
procedures required by paragraphs (e)
The permitting authority may delete for public comment (or the denial of the
and (f) of this section and the time and
from the list the name of any person permit application), the draft permit,
place of any hearing that will be held,
who fails to respond to such a request information on how to access the
including a statement of procedures to
within a reasonable timeframe. administrative record, and information
(ii) By posting a notice on a public request a hearing (unless a hearing has
already been scheduled) and other on how to request and/or attend a
Web site identified by the permitting public hearing on the draft permit.
authority for the duration of the public procedures by which the public may
participate in the final permit decision; (C) In lieu of the requirement in
comment period. The notice shall be paragraph (d)(1)(vi) of this section to
(G) Any additional information
consistent with paragraph (d)(4)(i) of specify a location of the administrative
considered necessary or proper; and
this section and be accompanied by a record for the draft permit, the Director
(H) The physical location and/or Web
copy of the draft permit. may post the administrative record on
site address of the administrative
* * * * * record, the times at which the record an identified public Web site.
(4) * * * will be open for public inspection and * * * * *
(i) * * * a statement that all data submitted by [FR Doc. 2016–24911 Filed 10–17–16; 8:45 am]
(G) The physical location and/or Web
the applicant are available as part of the BILLING CODE 6560–50–P
site address of the administrative
administrative record.
record, the times at which the record
will be open for public inspection, and * * * * * ENVIRONMENTAL PROTECTION
a statement that all data submitted by AGENCY
PART 124—PROCEDURES FOR
the applicant are available as part of the
DECISIONMAKING 40 CFR Part 52
administrative record; and
* * * * * ■ 17. The authority citation for part 124 [EPA–R05–OAR–2015–0522; FRL–9954–21–
continues to read as follows: Region 5]
Subpart B—Permits for Early
Authority: Resource Conservation and
Reductions Sources Air Plan Approval; Ohio; Removal of
Recovery Act, 42 U.S.C. 6901 et seq.; Safe
Drinking Water Act, 42 U.S.C. 300f et seq.; Gasoline Vapor Recovery
■ 16. Section 71.27 is amended by Requirements
Clean Water Act, 33 U.S.C. 1251 et seq.;
revising paragraphs (d)(3)(i)(E), Clean Air Act, 42 U.S.C. 7401 et seq.
(d)(3)(ii), and (d)(4)(i)(F) and (G) and AGENCY: Environmental Protection
adding paragraph (d)(4)(i)(H) to read as Subpart A—General Program Agency (EPA).
follows: Requirements ACTION: Final rule.
§ 71.27 Public participation and appeal. ■ 18. Section 124.10 is amended by SUMMARY: The Environmental Protection
* * * * * adding paragraph (c)(2)(iii) to read as Agency (EPA) is approving, as a revision
(d) * * * follows: under the Clean Air Act (CAA) to the
(3) * * * Ohio state implementation plan (SIP),
(i) * * * § 124.10 Public notice of permit actions submittals from the Ohio Environmental
(E) Persons on a mailing list, and public comment period. Protection Agency (Ohio EPA) dated
including those who request in writing * * * * * July 15, 2015, and February 29, 2016.
to be on the list. As part of this (c) * * * The revision addresses the state’s Stage
requirement, the Administrator shall (2) * * * II vapor recovery (Stage II) program for
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notify the public of the opportunity to (iii) For PSD permits: the Cleveland, Cincinnati, and Dayton
be put on the mailing list by way of (A) In lieu of the requirement in ozone areas in Ohio. The revision
generally accepted methods (e.g., paragraphs (c)(1)(ix)(B) and (C) of this removes Stage II requirements for the
hyperlink sign-up function or radio section regarding soliciting persons for three areas as a component of the Ohio
button on an agency Web site, sign-up ‘‘area lists’’ and notifying the public of ozone SIP. The revision also includes a
sheet at a public hearing, etc.) that the opportunity to be on a mailing list, demonstration that addresses emission
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![Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Rules and Regulations 71633
circuit by December 19, 2016. Filing a reference, Intergovernmental relations, ■ 2. In § 52.1870 the table in paragraph
petition for reconsideration by the Nitrogen oxides, Ozone, Volatile organic (c) is amended under ‘‘Chapter 3745–21
Administrator of this final rule does not compounds. Carbon Monoxide, Ozone, Hydrocarbon
affect the finality of this action for the Dated: October 5, 2016. Air Quality Standards, and Related
purposes of judicial review nor does it Robert A. Kaplan, Emission Requirements’’ by revising the
extend the time within which a petition entry for 3745–21–09 ‘‘Control of
Acting Regional Administrator, Region 5.
for judicial review may be filed, and Emissions of Volatile Organic
shall not postpone the effectiveness of 40 CFR part 52 is amended as follows:
Compounds from Stationary Sources
such rule or action. This action may not and Perchloroethylene from Dry
be challenged later in proceedings to PART 52—APPROVAL AND
PROMULGATION OF Cleaning Facilities’’ to read as follows:
enforce its requirements. (See section
307(b)(2).) IMPLEMENTATION PLANS
§ 52.1870 Identification of plan.
List of Subjects in 40 CFR Part 52 ■ 1. The authority citation for part 52 * * * * *
Environmental protection, Air continues to read as follows: (c) * * *
pollution control, Incorporation by Authority: 42 U.S.C. 7401 et seq.
EPA-APPROVED OHIO REGULATIONS
Ohio effective
Ohio citation Title/subject EPA approval date Notes
date
* * * * * * *
Chapter 3745–21 Carbon Monoxide, Ozone, Hydrocarbon Air Quality Standards, and Related Emission Requirements
* * * * * * *
3745–21–09 ... Control of Emissions of Volatile Organic Compounds 1/17/2014 10/18/2016, [Insert Fed- except (U)(1)(h).
from Stationary Sources and Perchloroethylene eral Register citation].
from Dry Cleaning Facilities.
* * * * * * *
* * * * * ADDRESSES: The docket for this action, I. General Information
[FR Doc. 2016–24912 Filed 10–17–16; 8:45 am] identified by docket identification (ID)
A. Does this action apply to me?
BILLING CODE 6560–50–P number EPA–HQ–OPP–2015–0558, is
available at http://www.regulations.gov You may be potentially affected by
or at the Office of Pesticide Programs this action if you are an agricultural
ENVIRONMENTAL PROTECTION Regulatory Public Docket (OPP Docket)
AGENCY producer, food manufacturer, or
in the Environmental Protection Agency pesticide manufacturer. The following
40 CFR Part 180 Docket Center (EPA/DC), West William list of North American Industrial
Jefferson Clinton Bldg., Rm. 3334, 1301 Classification System (NAICS) codes is
[EPA–HQ–OPP–2015–0558; FRL–9951–78] Constitution Ave. NW., Washington, DC not intended to be exhaustive, but rather
20460–0001. The Public Reading Room provides a guide to help readers
Metaldehyde; Pesticide Tolerances is open from 8:30 a.m. to 4:30 p.m., determine whether this document
Monday through Friday, excluding legal applies to them. Potentially affected
AGENCY: Environmental Protection
holidays. The telephone number for the entities may include:
Agency (EPA).
Public Reading Room is (202) 566–1744,
ACTION: Final rule. • Crop production (NAICS code 111).
and the telephone number for the OPP
Docket is (703) 305–5805. Please review • Animal production (NAICS code
SUMMARY: This regulation establishes 112).
tolerances with regional registration for the visitor instructions and additional
residues of metaldehyde in or on information about the docket available • Food manufacturing (NAICS code
multiple commodities which are at http://www.epa.gov/dockets. 311).
identified and discussed later in this FOR FURTHER INFORMATION CONTACT: • Pesticide manufacturing (NAICS
document. Interregional Research Michael Goodis, Acting Director, code 32532).
Project Number 4 (IR–4) requested these Registration Division (7505P), Office of
tolerances under the Federal Food, B. How can I get electronic access to
Pesticide Programs, Environmental other related information?
Drug, and Cosmetic Act (FFDCA).
Protection Agency, 1200 Pennsylvania
DATES: This regulation is effective Ave. NW., Washington, DC 20460–0001; You may access a frequently updated
October 18, 2016. Objections and main telephone number: (703) 305– electronic version of EPA’s tolerance
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requests for hearings must be received 7090; email address: RDFRNotices@ regulations at 40 CFR part 180 through
on or before December 19, 2016, and the Government Printing Office’s e-CFR
epa.gov.
must be filed in accordance with the
site at http://www.ecfr.gov/cgi-bin/text-
instructions provided in 40 CFR part SUPPLEMENTARY INFORMATION: idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
178 (see also Unit I.C. of the
40tab_02.tpl.
SUPPLEMENTARY INFORMATION).
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Document Created: 2016-10-17 23:52:26
Document Modified: 2016-10-17 23:52:26
| 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 November 17, 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 71631 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone and Volatile Organic Compounds |
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