82_FR_10757 82 FR 10727 - Air Plan Approval; Ohio; Removal of Gasoline Volatility Requirements in the Cincinnati and Dayton Areas

82 FR 10727 - Air Plan Approval; Ohio; Removal of Gasoline Volatility Requirements in the Cincinnati and Dayton Areas

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 30 (February 15, 2017)

Page Range10727-10732
FR Document2017-03082

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the Ohio Environmental Protection Agency (Ohio EPA) on December 19, 2016, concerning the state's gasoline volatility standards in the Cincinnati and Dayton areas. The revision removes the 7.8 pounds per square inch (psi) low Reid Vapor Pressure (RVP) fuel requirements for the two areas as a component of the Ohio ozone SIP. The submittal also includes a section 110(l) demonstration as required by the Clean Air Act (CAA) that addresses emission impacts associated with the removal of the program.

Federal Register, Volume 82 Issue 30 (Wednesday, February 15, 2017)
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Proposed Rules]
[Pages 10727-10732]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03082]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0781; FRL-9959-27-Region 5]


Air Plan Approval; Ohio; Removal of Gasoline Volatility 
Requirements in the Cincinnati and Dayton Areas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
Ohio Environmental Protection Agency (Ohio EPA) on December 19, 2016, 
concerning the state's gasoline volatility standards in the Cincinnati 
and Dayton areas. The revision removes the 7.8 pounds per square inch 
(psi) low Reid Vapor Pressure (RVP) fuel requirements for the two areas 
as a component of the Ohio ozone SIP. The submittal also includes a 
section 110(l) demonstration as required by the Clean Air Act (CAA) 
that addresses emission impacts associated with the removal of the 
program.

DATES: Comments must be received on or before March 17, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2016-0781 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

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. This supplementary information 
section is arranged as follows:

I. Background
II. What changes have been made to ohio's gasoline volatility 
standards?
III. What is EPA's analysis of the State's submittal?
IV. What action is EPA proposing to take?
V. Impacts on the Boutique Fuels List
VI. Statutory and Executive Order Reviews

I. Background

    Under section 211(c) of the CAA, 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. The regulatory 
control periods addressed the portion of the year when peak ozone 
concentrations were expected; which is during the summertime. These 
regulations constituted Phase I of a two phase nationwide program, 
which was designed to reduce the volatility of commercial gasoline 
during the high ozone season. Depending on the state and month, 
gasoline RVP was not to exceed 10.5 psi, 9.5 psi, or 9.0 psi. Phase I 
was applicable to calendar years 1989 through 1991. On June 11, 1990 
(55 FR 23658), EPA promulgated more stringent volatility controls as 
Phase II of the volatility control program. These requirements 
established maximum RVP standards of 9.0 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 national ambient air 
quality standards (NAAQS)). Phase II is applicable to 1992 and 
subsequent years.
    The 1990 CAA Amendments established a new section, 211(h), to 
address fuel volatility. Section 211(h)(1) requires EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. Section 211(h)(2) prohibits EPA from establishing a volatility 
standard more

[[Page 10728]]

stringent than 9.0 psi in an attainment area, except that the Agency 
may impose a lower (more stringent) standard in any former ozone 
nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to make them consistent with section 211(h). The 
modified regulations prohibited the sale of gasoline, beginning in 
1992, with an RVP above 9.0 psi in all areas designated attainment for 
ozone. For areas designated as nonattainment, the regulations retained 
the original Phase II standards published on June 11, 1990 (55 FR 
23658), which included the 7.8 psi ozone season limitation for certain 
areas. Under such requirements, the state of Ohio was required to meet 
a 9.0 psi RVP standard during the summer control period.
    On April 15, 2004, the EPA designated 5 counties in the Cincinnati, 
Ohio area (Hamilton, Butler, Clinton, Warren and Clermont) and 4 
counties in the Dayton, Ohio area (Clark, Greene, Miami, and 
Montgomery) as nonattainment for the 8-hour ozone standard. As part of 
Ohio's efforts to bring these areas into attainment of the ozone 
standard, the state adopted and implemented a broad range of ozone 
control measures for the areas including the implementation of a 7.8 
psi RVP fuel program that was more stringent than the federal 9.0 psi 
RVP requirement. The Ohio EPA originally submitted a SIP revision to 
EPA on February 14, 2006 and October 6, 2006, for the purpose of 
establishing a gasoline RVP limit of 7.8 psi for gasoline sold in the 
Cincinnati and Dayton areas. The revision specifically applied to 
Butler, Clermont, Hamilton and Warren counties (Cincinnati area), and 
Clark, Greene, Miami and Montgomery counties (Dayton area) in Ohio. EPA 
approved Ohio's 7.8 psi RVP program on May 25, 2007 (72 FR 29269), 
including the program's legal authority and administrative requirements 
found in the Ohio Administrative Code (OAC) rules 3745-72-1 to 8.

II. What changes have been made to the Ohio's gasoline volatility 
standards?

    On December 19, 2016, the Ohio EPA submitted a SIP revision 
requesting that EPA approve the removal of the 7.8 psi RVP fuel 
requirements under OAC 3745-72-1 to 8 from the Ohio ozone SIP before 
the beginning of the 2017 ozone control period.
    To support the removal of the 7.8 psi RVP fuel program requirements 
from the SIP, the revision included amendments of OAC 3745-72-01 
(Applicability), as effective on August 1, 2016; a summary of the Ohio-
specific analyses using EPA's Motor Vehicle Emissions Simulator (MOVES) 
model to quantify the emissions impact associated with removing the 7.8 
psi RVP fuel program in Cincinnati and Dayton; and a section 110(l) 
demonstration that includes offset emissions documentation.

III. What is EPA's analysis of the State's submittal?

    EPA's primary consideration for determining the approvability of 
Ohio's request is whether this requested action complies with section 
110(l) of the CAA.\1\
---------------------------------------------------------------------------

    \1\ CAA section 193 is not relevant because Ohio's Low RVP 
requirements in Cincinnati and Dayton were not included in the SIP 
before the 1990 CAA amendments.
---------------------------------------------------------------------------

    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 CAA. EPA evaluates each section 110(l) 
noninterference demonstration on a case-by-case basis considering the 
circumstances of each SIP revision. EPA interprets 110(l) as applying 
to all NAAQS that are in effect, including those that have been 
promulgated but for which EPA has not yet made designations. The degree 
of the analysis focused on any particular NAAQS in a noninterference 
demonstration varies depending on the nature of the emissions 
associated with the proposed SIP revision.
    In the absence of an attainment demonstration, to demonstrate no 
interference with any applicable NAAQS or requirement of the CAA under 
section 110(l), EPA believes it is appropriate to allow states to 
substitute equivalent emissions reductions to compensate for any change 
to a SIP-approved program, as long as actual emissions in the air are 
not increased. ``Equivalent'' emission reductions mean reductions which 
are equal to or greater than those reductions achieved by the control 
measure approved in the SIP. To show that compensating emission 
reductions are equivalent, modeling or adequate justification must be 
provided. The compensating, equivalent reductions must represent 
actual, new emissions reductions achieved in a contemporaneous time 
frame to the change of the existing SIP control measure, in order to 
preserve the status quo level of emissions in the air. In addition to 
being contemporaneous, the equivalent emissions reductions must also be 
permanent, enforceable, quantifiable, and surplus to be approved into 
the SIP.
    In its December 19, 2016 SIP revision, the Ohio EPA includes a 
110(l) demonstration that uses equivalent emission reductions to 
compensate for emission reduction losses resulting from the removal of 
the SIP approved 7.8 psi RVP fuel requirements in the Cincinnati and 
Dayton areas in Ohio. More specifically, the emission benefits 
associated with the 7.8 psi RVP fuel requirements will be substituted 
with equivalent or greater emissions reductions from facilities in the 
Cincinnati and Dayton areas which have permanently shut down or which 
have or will cease coal operations or convert from coal to natural gas 
due to U.S. EPA's Boiler Maximum Achievable Control Technology (MACT) 
regulations. These substitute emissions are quantifiable, permanent, 
surplus (i.e., oxides of nitrogen (NOX) and volatile organic 
compound (VOC) emissions reductions are due to permanent shutdowns or 
are a co-benefit of the chosen compliance strategy for the Boiler MACT 
regulations), enforceable and contemporaneous (i.e., occurring within 
approximately one year before/after this demonstration and/or the 
anticipated cessation of the low RVP fuel program).
    To determine the emissions impact of removing the 7.8 psi RVP 
program requirements in both areas, Ohio EPA used the latest version of 
EPA's MOVES model to conduct a series of emissions analysis. Ohio EPA's 
analysis focused on VOC and NOX emissions because low RVP 
requirements primarily affect VOC emissions and because VOCs and 
NOX are precursors for ground-level ozone formation.
    Based on our review of the information provided, EPA finds that 
Ohio EPA used reasonable methods and the appropriate model in 
estimating the emissions effect of removing the 7.8 psi RVP fuel 
requirements. Ohio EPA determined that in 2017 the emissions increase 
resulting from removing the 7.8 psi RVP requirements would be 15.83 
tons per year (tpy) of VOC and 16.33 tpy of NOX in the 
Cincinnati area and 16.01 tpy of VOC and 13.93 tpy of NOX in 
the Dayton area.
    In the Dayton area, a portion of the emission reductions from the 
low RVP fuel requirements will be substituted with VOC emission 
reductions from two facilities which permanently shut down in 2016: 
Miami Valley Publishing Company (Facility ID 0829060354), which 
permanently shut down on March 29, 2016; and National Oilwell Varco 
(Facility ID 0812100350), which permanently shut down all sources

[[Page 10729]]

except for a soil vapor recovery system on June 30, 2016. Based on 
actual conservative 2015 emissions from these facilities, Ohio EPA 
determined that 3.51 tpy of VOC from the Miami Valley Publishing 
Company facility (Facility ID 0829060354) and 4.86 tpy of VOC from the 
National Oilwell Varco facility (Facility ID 0812100350) will be 
permanently retired upon EPA's approval of this SIP revision. After 
this direct substitution of VOCs, the amount of VOCs reductions needed 
in the Dayton area is reduced from 16.01 tons to 7.64 tons of VOC. (See 
Table 1)
    For the remaining reductions needed to substitute for the low RVP 
requirements, Ohio EPA will be substituting NOX for VOC 
emissions and using all-NOX reductions to offset the 
remaining NOX and VOC emissions. EPA policy allows for 
substitution between VOC and NOX emissions in its guidance 
on reasonable further progress. This guidance recommends that states 
assume, as an approximation, that equivalent percent changes in the 
area's inventory for the respective pollutant yield an equivalent 
change in ozone levels. For example, decreasing area NOX 
emissions by 3 percent would have the same effect as decreasing area 
VOC emissions by 3 percent. Stated another way, if an area has twice as 
many tons of NOX emissions as VOC emissions, then 2 tons of 
NOX emissions would be assumed to have the same effect on 
ozone as 1 ton of VOC emissions. Following this approach, Ohio EPA used 
a 1 VOC to 1.527 NOX conversion ratio for the counties 
currently in the low RVP fuel program in the Cincinnati area and a 1 
VOC to 1.021 NOX conversion ratio for the counties in the 
Dayton area. The conversion ratios use the most recent inventories 
available for both areas.
    Applying these factors, 40.50 tpy of NOX reductions will 
need to be offset by equivalent or greater emission reductions in the 
Cincinnati area and 21.72 tpy of NOX reductions will be 
needed in the Dayton area. (See Table 1)

                    Table 1--Emissions To Be Replaced
                             [Tons per year]
------------------------------------------------------------------------
                                            Cincinnati      Dayton area
                Emissions                   area  (tpy)        (tpy)
------------------------------------------------------------------------
NOX to be replaced from removal of 7.8             16.33           13.93
 low RVP program........................
VOCs to be replaced from removal of 7.8            15.83           16.01
 low RVP program........................
VOCs replaced directly with facility                0.00           *8.37
 shutdowns..............................
Remaining VOCs to be replaced...........           15.83            7.64
VOC: NOX ratio..........................         1:1.527         1:1.021
VOC converted to NOX....................           24.17            7.79
    Total NOX emissions to be replaced..           40.50           21.72
------------------------------------------------------------------------
* VOC emissions reductions from two facilities which permanently shut
  down in 2016: Miami Valley Publishing Company (Facility ID 0829060354)
  and National Oilwell Varco (Facility ID 0812100350).

    In the Cincinnati area, the 7.8 psi low RVP fuel requirements will 
be substituted with emission reductions at the MillerCoors LLC facility 
(Facility ID 1409000353) resulting from the shutdown of coal/gas fired 
boilers and installation of new natural gas fired boilers due to the 
Boiler MACT regulations. The relevant emissions units are B001, B002, 
B010 and B011. B001 and B002 coal/gas boilers were permanently shut 
down on April 1, 2016. Federally-enforceable permits prior to the 
shutdown include NOX emission limits for B001 and B002 of 
1,375.9 tpy combined, based on rolling 12-month summations. These were 
replaced with two new natural gas boilers, B010 and B011, which 
commenced operation on January 20, 2016. Federally-enforceable permits 
for the new boilers B010 and B011 include NOX emission 
limits of 1.17 tons of NOX per month over a rolling 12-month 
period for each boiler. The amount of reductions due to shutdowns/
conversion to natural gas was calculated as the difference between 
historical actual emissions and projected emissions from the new gas 
boilers. NOX emission reductions were 175.29 tpy using 5-
year historical averages (2011-2015), and 111.00 tpy using most recent 
2015 actual data.
    As indicated above, 40.50 tpy of NOX reductions will 
need to be offset by equivalent or greater emission reductions from the 
MillerCoors facility. Therefore, Ohio EPA has determined that more than 
adequate emission reductions from the shutdowns/conversions of B001, 
B002, B010 and B011 at the MillerCoors facility are available to offset 
the removal of the low RVP program in Cincinnati.
    In the Dayton area, the remaining emission reductions to be 
replaced will be substituted with emission reductions at the Wright-
Patterson Air Force Base (Facility ID 0829700441) facility resulting 
from shutdowns and conversions from coal to natural gas due to 
compliance with Boiler MACT regulations. The relevant emission units 
are B606, B607, and B608. Coal boiler B606 was permanently shut down on 
June 7, 2016. Coal boilers B607 and B608 will be converted to natural 
gas by January 31, 2017 due to Boiler MACT. No changes are anticipated 
for an existing natural gas boiler, B609, which is included in Ohio 
EPA's analysis only because it is part of the emissions unit group and 
has combined emission limitations with the converted units (B607 and 
B608). Federally-enforceable permits prior to the shutdown/conversions 
include NOX emission limits of 33.20 tpy from B609, and 
350.32 tpy NOX from each B606, B607 and B608 with total 
combined NOX emissions not to exceed 788 tons, as a rolling, 
12-month summation from the coal-fired boilers identified as emission 
units B309, B310, B311, B606, B607, and B608 combined (Note: B309, B310 
and B311 underwent similar shutdown/conversions in 2015 with B311 
shutdown and B309 and B310 converted to natural gas). Federally-
enforceable permits following the shutdown/conversions include 
NOX emission limits of 120 tpy combined for B607, B608 and 
B609.
    The amount of reductions due to shutdown/conversion to natural gas 
was calculated as the difference between historical actual emissions 
and projected emissions from the converted coal boilers. NOX 
emission reductions were 64.97 tpy using 5-year historical averages 
(2011-2015), and 46.27 tpy using most recent 2015 actual data.
    As indicated above, 21.72 tpy of NOX reductions remain 
to be offset by equivalent or greater emissions reductions from the 
Wright-Patterson Air Force Base facility. Therefore, Ohio EPA has 
determined that more than adequate emission reductions from the

[[Page 10730]]

shutdown/conversions of B606, B607 and B608 at Wright-Patterson Air 
Force Base are available to offset the removal of the low RVP program 
in Dayton.
    These substitute emissions from both MillerCoors and Wright-
Patterson Air Force Base facilities are from permanent and enforceable 
shutdowns and conversions to natural gas. It should be noted that a 
facility which has notified Ohio EPA of a permanent shut down cannot 
resume operations without being considered a new facility and being 
subject to the new source review (NSR) requirements. Further, these 
conversions to natural gas were undertaken as the facility's chosen 
option to comply with Boiler MACT regulations. Conversion back to coal 
would be impractical, if not impossible, as the facility would still be 
required to comply with Boiler MACT regulations. In addition, the units 
are no longer permitted to burn coal and should the facility desire to 
burn coal again, the units would have to undergo NSR and these retired 
credits would not be available to the facility (or any other facility) 
for netting or offset purposes in the future.
    The Boiler MACT regulations established emission standards for 
control of mercury, hydrogen chloride, particulate matter (as a 
surrogate for non-mercury metals), and carbon monoxide (as a surrogate 
for organic hazardous emissions) from coal-fired, biomass-fired, and 
liquid-fired major source boilers based on the maximum achievable 
control technology. The boiler MACT standards will also result in 
NOX reductions as a co-benefit of the controls installed to 
meet the standards. These facilities' operating permits include 
NOX limits which reflect those co-benefits, and as such the 
NOX reductions are surplus to what would otherwise be 
required.
    These reductions are also surplus in that they were not previously 
relied on for credit toward attainment or maintenance purposes. Ohio 
EPA will ensure these reductions are permanently retired and cannot be 
relied on for future CAA requirements. Ohio EPA maintains a database of 
all reductions used for the purpose of CAA 110(l) demonstrations to 
ensure they cannot be used again. These reductions will be entered into 
and tracked within this database.
    As demonstrated above, Ohio EPA has calculated that more than 
adequate surplus emission reductions are available to offset the 
cessation of the low RVP fuel requirements in the Cincinnati and Dayton 
areas. Based on Ohio EPA's calculations, the emissions increase in the 
Cincinnati area due to cessation of the low RVP program is 16.33 tpy 
NOX and 15.83 tpy VOC (equivalent to 40.50 tpy 
NOX after VOC to NOX substitution). This amount 
is more than offset by the 111.0 tpy NOX potentially 
available from the MillerCoors facility. Likewise, the emissions 
increase in the Dayton area due to cessation of the low RVP program is 
13.93 tpy NOX and 16.01 tpy VOC. This amount is more than 
offset by the 3.51 tpy of VOC from the Miami Valley Publishing Company 
facility, 4.86 tpy of VOC from the National Oilwell Varco facility, and 
46.27 tpy NOX (depending on the calculation method) 
potentially available from the Wright-Patterson Air Force Base 
facility. (See Table 2)
    Ohio EPA is not permanently retiring all of the available emission 
reductions but only those to offset removal of the 7.8 psi RVP fuel 
requirements as outlined in this action. Upon approval of this SIP 
revision, 3.51 tpy of VOC from the Miami Valley Publishing Company 
facility, 4.86 tpy of VOC from the National Oilwell Varco facility, 
40.50 tpy of NOX from the MillerCoors LLC facility and 21.72 
tpy of NOX from the Wright-Patterson Air Force Base facility 
will be permanently retired. Any use of additional reductions in excess 
of those being retired under this action that may be used in the future 
will be evaluated for the surplus criteria at the time of use, which 
will include discounting what is retired under this action.

  Table 2--Summary of Available Offsets and NOX Emissions To Be Retired
------------------------------------------------------------------------
                                            Cincinnati      Dayton area
                Emissions                   area (tpy)         (tpy)
------------------------------------------------------------------------
NOX to be replaced from removal of 7.8             16.33           13.93
 low RVP program........................
VOCs to be replaced from removal of 7.8            15.83           16.01
 low RVP program........................
VOCs replaced directly with facility                0.00            8.37
 shutdowns..............................
Total NOX emissions to be replaced                 40.50           21.72
 (after conversion of remaining VOC to
 NOX)...................................
NOX offsets available from shutdowns/             111.00           46.27
 conversion to natural gas..............
Excess NOX credits (available offsets              70.50           24.55
 minus emissions to be replaced)........
VOC emissions to be retired.............            0.00            8.37
NOX emissions to be retired.............           40.50           21.72
------------------------------------------------------------------------

    Based on an evaluation of Ohio EPA's 110(l) demonstration, EPA 
believes that the removal of the 7.8 psi low RVP fuel program 
requirements in the Cincinnati and Dayton areas do not interfere with 
Ohio's ability to demonstrate compliance with the 8-hour ozone NAAQS in 
both areas. This is based on the use of permanent, enforceable, 
contemporaneous, surplus emissions reductions achieved from facilities 
in the Cincinnati and Dayton areas that have permanently shut down or 
which have or will convert from coal to natural gas as previously 
discussed.
    EPA also examined whether the removal of 7.8 psi low RVP fuel 
program requirements in both areas will interfere with attainment of 
other air quality standards. All the counties in the Dayton area are 
designated attainment for all standards, including sulfur dioxide and 
nitrogen dioxide. Cincinnati is designated attainment for all standards 
other than ozone, sulfur dioxide and fine particulate matter 
(PM2.5). Although NOX and VOCs also contribute to 
the formation of particulate matter, the extent of the contribution 
varies significantly by location or region within the U.S.\2\

[[Page 10731]]

However, as with ozone, any NOX and VOC emission increases 
resulting from the removal of the low RVP fuel requirements are being 
offset through the use of equivalent emission reductions as discussed 
above. Based on Ohio EPA's 110(l) analysis, EPA has no reason to 
believe that the removal of the low RVP fuel requirements in Cincinnati 
and Dayton will cause the areas to become nonattainment for any of 
these pollutants. In addition, EPA believes that removing the 7.8 psi 
low RVP program requirements in Ohio will not interfere with the areas' 
ability to meet any other CAA requirement.
---------------------------------------------------------------------------

    \2\ While VOC is one of the precursors for PM2.5 
formation, a study (Journal of Environmental Engineering--Qualifying 
the sources of ozone, fine particulate matter, and regional haze in 
the Southeastern United States, June 24, 2009, available at: http://www.journals.elsevier.com/journal-ofenvironmental-management) 
indicates that in portions of the Midwest (including portions of 
Ohio where low RVP fuel requirements have been implemented), 
emissions of direct PM2.5 and the precursor sulfur 
dioxide (S02) are more significant to ambient 
PM2.5 concentrations than NOX and VOC. 
Specifically, PM2.5 sensitivities to anthropogenic VOC 
emissions are near zero for the entire region, including the 
Cincinnati region. This study also indicated that the impact of 
SO2 emissions, especially from electric generating units, 
was most significant in the Cincinnati area due to SO2 
emissions in the entire mid-west region (Wisconsin, Illinois, 
Indiana, Michigan and Ohio). In fact, emissions from the mid-west 
had the largest effect on PM2.5 sensitivities in the 
Cincinnati region. For this reason, a similar impact is expected in 
the Dayton area. The technical analysis provided by Ohio EPA has met 
EPA's guidance and demonstrates anthropogenic VOCs are insignificant 
to the formation of PM2.5 in these areas.
---------------------------------------------------------------------------

    Based on the above discussion and the state's section 110(l) 
demonstration, EPA believes that removal of the 7.8 psi low RVP fuel 
requirements would not interfere with attainment or maintenance of any 
of the NAAQS in the Cincinnati and Dayton areas and would not interfere 
with any other applicable requirement of the CAA, and thus, are 
approvable under CAA section 110(l).

IV. What action is EPA proposing to take?

    EPA is proposing to approve the revision to the Ohio ozone SIP 
submitted by the Ohio EPA on December 19, 2016, removing the 7.8 psi 
RVP fuel requirements for gasoline distributed in the Cincinnati and 
Dayton areas which include Montgomery, Miami, Greene, Clark, Hamilton, 
Butler, Warren, and Clermont counties. We find that the revision meets 
all applicable requirements and it would not interfere with reasonable 
further progress or attainment of any of the NAAQS.

V. Impacts on the Boutique Fuels List

    Section 1541(b) of the Energy Policy Act of 2005 required EPA in 
consultation with the U.S. Department of Energy to determine the number 
of fuels programs approved into all SIPs as of September 1, 2004 and to 
publish a list of such fuels. On December 28, 2008 EPA published the 
list of boutique fuels. (See 71 FR 78192.) EPA maintains the current 
list of boutique fuels on its Web site at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was 
based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III) 
requires that EPA remove a fuel from the published list if it is either 
identical to a federal fuel or is removed from the SIP in which it is 
approved. Under the adopted fuel type approach, EPA interpreted this 
requirement to mean that a fuel would have to be removed from all SIPs 
in which it was approved in order for it to be removed from the list. 
(See 71 FR 78195.)

A. Removal of Gasoline Volatility Requirements in Cincinnati and Dayton

    The 7.8 psi RVP fuel program, which is approved into Ohio's SIP, is 
a fuel type that is included in EPA's boutique fuel list, 71 FR 78198-
99; (https://www.epa.gov/gasoline-standards/state-fuels) and the 
specific counties in the Cincinnati and Dayton areas where the low RVP 
gasoline is required are identified on EPA's Gasoline Reid Vapor 
Pressure Web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). If the proposed removal of Ohio's gasoline 
volatility requirements from the state's SIP is approved, EPA will 
update the State Fuels and Gasoline Reid Vapor Pressure Web pages on 
the effective date of the removal. While the entry for Ohio will be 
deleted from the list of boutique fuels, this deletion will not result 
in an opening on the boutique fuels list because the 7.8 psi RVP fuel 
type remains in other state SIPs.

B. Removal of Gasoline Volatility Standards Applicable in the Illinois 
Portion the St. Louis, MO-IL Ozone Area

    On October 6, 2014 EPA published a direct final rule to remove 
Illinois' 7.2 psi low RVP regulation from the state's SIP for its 
portion of the St. Louis, MO-IL ozone area. (See 79 FR 60065.) The 
removal became effective on December 5, 2014.
    The 7.2 psi RVP fuel type was included in the published list of 
fuels. (See 71 FR 78199). Illinois was the only state with such a fuel 
type in its approved SIP. When EPA removed the approved 7.2 psi RVP 
fuel regulation from the Illinois SIP EPA was also obligated to remove 
this fuel type from the list of boutique fuels because this fuel type 
is no longer in any approved SIP.\3\ Removal of this fuel type from the 
boutique fuels list has created room on the boutique fuels list. This 
may allow for approval of a new fuel type into a SIP and for it to be 
added to the list. However, the approval of a new fuel type into a SIP 
would be subject to certain restrictions as described in the December 
28, 2006 Federal Register notice that established the list of boutique 
fuels. (See 71 FR 78193)
---------------------------------------------------------------------------

    \3\ EPA has previously updated its State Fuels and Gasoline Reid 
Vapor Pressure Web pages to reflect the removal of the 7.2 psi RVP 
requirement from the Illinois SIP.
---------------------------------------------------------------------------

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 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 Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     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

[[Page 10732]]

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 oxides, Ozone, 
Volatile organic compounds.

    Dated: January 31, 2017.
Robert Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017-03082 Filed 2-14-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Proposed Rules                                            10727

                                                    and demonstrations will not be allowed                  ENVIRONMENTAL PROTECTION                              making effective comments, please visit
                                                    on federal property for security reasons.               AGENCY                                                http://www2.epa.gov/dockets/
                                                       If you would like to present oral                                                                          commenting-epa-dockets.
                                                                                                            40 CFR Part 52                                        FOR FURTHER INFORMATION CONTACT:
                                                    testimony at the hearing, please notify
                                                    Ms. Pamela Long, U.S. Environmental                     [EPA–R05–OAR–2016–0781; FRL–9959–27–                  Francisco J. Acevedo, Mobile Source
                                                    Protection Agency, Office of Air Quality                Region 5]                                             Program Manager, Control Strategies
                                                    Planning and Standards (OAQPS), Air                                                                           Section, Air Programs Branch (AR–18J),
                                                    Quality Planning Division (C504–01),                    Air Plan Approval; Ohio; Removal of                   Environmental Protection Agency,
                                                    Research Triangle Park, NC 27711,                       Gasoline Volatility Requirements in the               Region 5, 77 West Jackson Boulevard,
                                                    telephone (919) 541–0641, fax number                    Cincinnati and Dayton Areas                           Chicago, Illinois 60604, (312) 886–6061,
                                                                                                                                                                  acevedo.francisco@epa.gov.
                                                    (919) 541–5509, email address                           AGENCY:  Environmental Protection
                                                    long.pam@epa.gov, no later than 4:00                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                            Agency (EPA).
                                                    p.m. ET on March 10, 2017. Ms. Long                                                                           Throughout this document whenever
                                                                                                            ACTION: Proposed rule.                                ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                    will arrange a general time slot for you
                                                                                                                                                                  EPA. This supplementary information
                                                    to speak. The EPA will make every                       SUMMARY:    The Environmental Protection
                                                                                                                                                                  section is arranged as follows:
                                                    effort to follow the schedule as closely                Agency (EPA) is proposing to approve a
                                                    as possible on the day of the hearing.                  State Implementation Plan (SIP)                       I. Background
                                                                                                            revision submitted by the Ohio                        II. What changes have been made to ohio’s
                                                       Oral testimony will be limited to 5                                                                             gasoline volatility standards?
                                                    minutes for each commenter. The EPA                     Environmental Protection Agency (Ohio                 III. What is EPA’s analysis of the State’s
                                                    encourages commenters to provide the                    EPA) on December 19, 2016, concerning                      submittal?
                                                    EPA with a copy of their oral testimony                 the state’s gasoline volatility standards             IV. What action is EPA proposing to take?
                                                    electronically (via email) or in hard                   in the Cincinnati and Dayton areas. The               V. Impacts on the Boutique Fuels List
                                                    copy form. The EPA will not provide                     revision removes the 7.8 pounds per                   VI. Statutory and Executive Order Reviews
                                                                                                            square inch (psi) low Reid Vapor                      I. Background
                                                    audiovisual equipment for presentations
                                                                                                            Pressure (RVP) fuel requirements for the
                                                    unless we receive special requests in                                                                            Under section 211(c) of the CAA, EPA
                                                                                                            two areas as a component of the Ohio
                                                    advance. Commenters should notify Ms.                                                                         promulgated regulations on March 22,
                                                                                                            ozone SIP. The submittal also includes
                                                    Long if they will need specific                                                                               1989 (54 FR 11868) that set maximum
                                                                                                            a section 110(l) demonstration as
                                                    equipment. Commenters should also                                                                             limits for the RVP of gasoline sold
                                                                                                            required by the Clean Air Act (CAA)
                                                    notify Ms. Long if they need specific                   that addresses emission impacts                       during the regulatory control periods
                                                    translation services for non-English                    associated with the removal of the                    that were established on a state-by-state
                                                    speaking commenters.                                    program.                                              basis in the final rule. The regulatory
                                                       Prior to the hearing, the hearing                                                                          control periods addressed the portion of
                                                                                                            DATES:  Comments must be received on                  the year when peak ozone
                                                    schedule, including the list of speakers,
                                                                                                            or before March 17, 2017.                             concentrations were expected; which is
                                                    will be posted on the EPA’s Web site at:
                                                    http://www.epa.gov/ozone-pollution/                     ADDRESSES: Submit your comments,                      during the summertime. These
                                                    2008-ozone-national-ambient-air-                        identified by Docket ID No. EPA–R05–                  regulations constituted Phase I of a two
                                                    quality-standards-naaqs-section-176a-                   OAR–2016–0781 at http://                              phase nationwide program, which was
                                                    petitions. Verbatim transcripts of the                  www.regulations.gov, or via email to                  designed to reduce the volatility of
                                                                                                            blakley.pamela@epa.gov. For comments                  commercial gasoline during the high
                                                    hearing and written statements will be
                                                                                                            submitted at Regulations.gov, follow the              ozone season. Depending on the state
                                                    included in the docket for the action.
                                                                                                            online instructions for submitting                    and month, gasoline RVP was not to
                                                    How can I get copies of this document                   comments. Once submitted, comments                    exceed 10.5 psi, 9.5 psi, or 9.0 psi.
                                                    and other related information?                          cannot be edited or removed from                      Phase I was applicable to calendar years
                                                                                                            Regulations.gov. For either manner of                 1989 through 1991. On June 11, 1990
                                                      The EPA has established a docket for                  submission, EPA may publish any                       (55 FR 23658), EPA promulgated more
                                                    the proposed action ‘‘Response to                       comment received to its public docket.                stringent volatility controls as Phase II
                                                    December 9, 2013, Clean Air Act                         Do not submit electronically any                      of the volatility control program. These
                                                    Section 176A Petition from Connecticut,                 information you consider to be                        requirements established maximum
                                                    Delaware, Maryland, Massachusetts,                      Confidential Business Information (CBI)               RVP standards of 9.0 psi or 7.8 psi
                                                    New Hampshire, New York,                                or other information whose disclosure is              (depending on the state, the month, and
                                                    Pennsylvania, Rhode Island and                          restricted by statute. Multimedia                     the area’s initial ozone attainment
                                                    Vermont’’ under Docket ID No. EPA–                      submissions (audio, video, etc.) must be              designation with respect to the 1-hour
                                                    HQ–OAR–2016–0596 (available at:                         accompanied by a written comment.                     ozone national ambient air quality
                                                    http://www.regulations.gov). The EPA                    The written comment is considered the                 standards (NAAQS)). Phase II is
                                                    has made available information related                  official comment and should include                   applicable to 1992 and subsequent
                                                    to the proposed action on the EPA’s                     discussion of all points you wish to                  years.
                                                    Web site at: http://www.epa.gov/ozone-                  make. EPA will generally not consider                    The 1990 CAA Amendments
                                                    pollution/2008-ozone-national-ambient-                  comments or comment contents located                  established a new section, 211(h), to
                                                    air-quality-standards-naaqs-section-                    outside of the primary submission (i.e.               address fuel volatility. Section 211(h)(1)
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    176a-petitions.                                         on the web, cloud, or other file sharing              requires EPA to promulgate regulations
                                                                                                            system). For additional submission                    making it unlawful to sell, offer for sale,
                                                      Dated: February 9, 2017.
                                                                                                            methods, please contact the person                    dispense, supply, offer for supply,
                                                    Stephen Page,                                           identified in the FOR FURTHER                         transport, or introduce into commerce
                                                    Director, Office of Air Quality Planning and            INFORMATION CONTACT section. For the                  gasoline with an RVP level in excess of
                                                    Standards.                                              full EPA public comment policy,                       9.0 psi during the high ozone season.
                                                    [FR Doc. 2017–03041 Filed 2–14–17; 8:45 am]             information about CBI or multimedia                   Section 211(h)(2) prohibits EPA from
                                                    BILLING CODE 6560–50–P                                  submissions, and general guidance on                  establishing a volatility standard more


                                               VerDate Sep<11>2014   17:49 Feb 14, 2017   Jkt 241001   PO 00000   Frm 00007   Fmt 4702   Sfmt 4702   E:\FR\FM\15FEP1.SGM   15FEP1


                                                    10728               Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Proposed Rules

                                                    stringent than 9.0 psi in an attainment                 effective on August 1, 2016; a summary                quantifiable, and surplus to be approved
                                                    area, except that the Agency may                        of the Ohio-specific analyses using                   into the SIP.
                                                    impose a lower (more stringent)                         EPA’s Motor Vehicle Emissions                            In its December 19, 2016 SIP revision,
                                                    standard in any former ozone                            Simulator (MOVES) model to quantify                   the Ohio EPA includes a 110(l)
                                                    nonattainment area redesignated to                      the emissions impact associated with                  demonstration that uses equivalent
                                                    attainment.                                             removing the 7.8 psi RVP fuel program                 emission reductions to compensate for
                                                       On December 12, 1991 (56 FR 64704),                  in Cincinnati and Dayton; and a section               emission reduction losses resulting from
                                                    EPA modified the Phase II volatility                    110(l) demonstration that includes offset             the removal of the SIP approved 7.8 psi
                                                    regulations to make them consistent                     emissions documentation.                              RVP fuel requirements in the Cincinnati
                                                    with section 211(h). The modified                                                                             and Dayton areas in Ohio. More
                                                    regulations prohibited the sale of                      III. What is EPA’s analysis of the State’s            specifically, the emission benefits
                                                    gasoline, beginning in 1992, with an                    submittal?                                            associated with the 7.8 psi RVP fuel
                                                    RVP above 9.0 psi in all areas                             EPA’s primary consideration for                    requirements will be substituted with
                                                    designated attainment for ozone. For                    determining the approvability of Ohio’s               equivalent or greater emissions
                                                    areas designated as nonattainment, the                  request is whether this requested action              reductions from facilities in the
                                                    regulations retained the original Phase II              complies with section 110(l) of the                   Cincinnati and Dayton areas which have
                                                    standards published on June 11, 1990                    CAA.1                                                 permanently shut down or which have
                                                    (55 FR 23658), which included the 7.8                      Section 110(l) requires that a revision            or will cease coal operations or convert
                                                    psi ozone season limitation for certain                 to the SIP not interfere with any                     from coal to natural gas due to U.S.
                                                    areas. Under such requirements, the                     applicable requirement concerning                     EPA’s Boiler Maximum Achievable
                                                    state of Ohio was required to meet a 9.0                attainment and reasonable further                     Control Technology (MACT)
                                                    psi RVP standard during the summer                      progress (as defined in section 171), or              regulations. These substitute emissions
                                                    control period.                                         any other applicable requirement of the               are quantifiable, permanent, surplus
                                                       On April 15, 2004, the EPA                           CAA. EPA evaluates each section 110(l)                (i.e., oxides of nitrogen (NOX) and
                                                    designated 5 counties in the Cincinnati,                noninterference demonstration on a                    volatile organic compound (VOC)
                                                    Ohio area (Hamilton, Butler, Clinton,                   case-by-case basis considering the                    emissions reductions are due to
                                                    Warren and Clermont) and 4 counties in                  circumstances of each SIP revision. EPA               permanent shutdowns or are a co-
                                                    the Dayton, Ohio area (Clark, Greene,                   interprets 110(l) as applying to all                  benefit of the chosen compliance
                                                    Miami, and Montgomery) as                               NAAQS that are in effect, including                   strategy for the Boiler MACT
                                                    nonattainment for the 8-hour ozone                      those that have been promulgated but                  regulations), enforceable and
                                                    standard. As part of Ohio’s efforts to                  for which EPA has not yet made                        contemporaneous (i.e., occurring within
                                                    bring these areas into attainment of the                designations. The degree of the analysis              approximately one year before/after this
                                                    ozone standard, the state adopted and                   focused on any particular NAAQS in a                  demonstration and/or the anticipated
                                                    implemented a broad range of ozone                      noninterference demonstration varies                  cessation of the low RVP fuel program).
                                                    control measures for the areas including                depending on the nature of the                           To determine the emissions impact of
                                                    the implementation of a 7.8 psi RVP fuel                emissions associated with the proposed                removing the 7.8 psi RVP program
                                                    program that was more stringent than                    SIP revision.                                         requirements in both areas, Ohio EPA
                                                    the federal 9.0 psi RVP requirement.                       In the absence of an attainment                    used the latest version of EPA’s MOVES
                                                    The Ohio EPA originally submitted a                     demonstration, to demonstrate no                      model to conduct a series of emissions
                                                    SIP revision to EPA on February 14,                     interference with any applicable                      analysis. Ohio EPA’s analysis focused
                                                    2006 and October 6, 2006, for the                       NAAQS or requirement of the CAA                       on VOC and NOX emissions because
                                                    purpose of establishing a gasoline RVP                  under section 110(l), EPA believes it is              low RVP requirements primarily affect
                                                    limit of 7.8 psi for gasoline sold in the                                                                     VOC emissions and because VOCs and
                                                                                                            appropriate to allow states to substitute
                                                    Cincinnati and Dayton areas. The                                                                              NOX are precursors for ground-level
                                                                                                            equivalent emissions reductions to
                                                    revision specifically applied to Butler,                                                                      ozone formation.
                                                                                                            compensate for any change to a SIP-                      Based on our review of the
                                                    Clermont, Hamilton and Warren                           approved program, as long as actual
                                                    counties (Cincinnati area), and Clark,                                                                        information provided, EPA finds that
                                                                                                            emissions in the air are not increased.               Ohio EPA used reasonable methods and
                                                    Greene, Miami and Montgomery                            ‘‘Equivalent’’ emission reductions mean
                                                    counties (Dayton area) in Ohio. EPA                                                                           the appropriate model in estimating the
                                                                                                            reductions which are equal to or greater              emissions effect of removing the 7.8 psi
                                                    approved Ohio’s 7.8 psi RVP program                     than those reductions achieved by the
                                                    on May 25, 2007 (72 FR 29269),                                                                                RVP fuel requirements. Ohio EPA
                                                                                                            control measure approved in the SIP. To               determined that in 2017 the emissions
                                                    including the program’s legal authority                 show that compensating emission
                                                    and administrative requirements found                                                                         increase resulting from removing the 7.8
                                                                                                            reductions are equivalent, modeling or                psi RVP requirements would be 15.83
                                                    in the Ohio Administrative Code (OAC)                   adequate justification must be provided.
                                                    rules 3745–72–1 to 8.                                                                                         tons per year (tpy) of VOC and 16.33 tpy
                                                                                                            The compensating, equivalent                          of NOX in the Cincinnati area and 16.01
                                                    II. What changes have been made to the                  reductions must represent actual, new                 tpy of VOC and 13.93 tpy of NOX in the
                                                    Ohio’s gasoline volatility standards?                   emissions reductions achieved in a                    Dayton area.
                                                       On December 19, 2016, the Ohio EPA                   contemporaneous time frame to the                        In the Dayton area, a portion of the
                                                    submitted a SIP revision requesting that                change of the existing SIP control                    emission reductions from the low RVP
                                                    EPA approve the removal of the 7.8 psi                  measure, in order to preserve the status              fuel requirements will be substituted
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    RVP fuel requirements under OAC                         quo level of emissions in the air. In                 with VOC emission reductions from two
                                                    3745–72–1 to 8 from the Ohio ozone SIP                  addition to being contemporaneous, the                facilities which permanently shut down
                                                    before the beginning of the 2017 ozone                  equivalent emissions reductions must                  in 2016: Miami Valley Publishing
                                                    control period.                                         also be permanent, enforceable,                       Company (Facility ID 0829060354),
                                                       To support the removal of the 7.8 psi                  1 CAA section 193 is not relevant because Ohio’s
                                                                                                                                                                  which permanently shut down on
                                                    RVP fuel program requirements from the                  Low RVP requirements in Cincinnati and Dayton
                                                                                                                                                                  March 29, 2016; and National Oilwell
                                                    SIP, the revision included amendments                   were not included in the SIP before the 1990 CAA      Varco (Facility ID 0812100350), which
                                                    of OAC 3745–72–01 (Applicability), as                   amendments.                                           permanently shut down all sources


                                               VerDate Sep<11>2014   17:49 Feb 14, 2017   Jkt 241001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\15FEP1.SGM   15FEP1


                                                                               Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Proposed Rules                                                                                   10729

                                                    except for a soil vapor recovery system                                   substituting NOX for VOC emissions and                                    assumed to have the same effect on
                                                    on June 30, 2016. Based on actual                                         using all-NOX reductions to offset the                                    ozone as 1 ton of VOC emissions.
                                                    conservative 2015 emissions from these                                    remaining NOX and VOC emissions.                                          Following this approach, Ohio EPA
                                                    facilities, Ohio EPA determined that                                      EPA policy allows for substitution                                        used a 1 VOC to 1.527 NOX conversion
                                                    3.51 tpy of VOC from the Miami Valley                                     between VOC and NOX emissions in its                                      ratio for the counties currently in the
                                                    Publishing Company facility (Facility ID                                  guidance on reasonable further progress.                                  low RVP fuel program in the Cincinnati
                                                    0829060354) and 4.86 tpy of VOC from                                      This guidance recommends that states                                      area and a 1 VOC to 1.021 NOX
                                                    the National Oilwell Varco facility                                       assume, as an approximation, that                                         conversion ratio for the counties in the
                                                    (Facility ID 0812100350) will be                                          equivalent percent changes in the area’s                                  Dayton area. The conversion ratios use
                                                    permanently retired upon EPA’s                                            inventory for the respective pollutant                                    the most recent inventories available for
                                                    approval of this SIP revision. After this                                 yield an equivalent change in ozone
                                                                                                                                                                                                        both areas.
                                                    direct substitution of VOCs, the amount                                   levels. For example, decreasing area
                                                    of VOCs reductions needed in the                                          NOX emissions by 3 percent would have                                       Applying these factors, 40.50 tpy of
                                                    Dayton area is reduced from 16.01 tons                                    the same effect as decreasing area VOC                                    NOX reductions will need to be offset by
                                                    to 7.64 tons of VOC. (See Table 1)                                        emissions by 3 percent. Stated another                                    equivalent or greater emission
                                                      For the remaining reductions needed                                     way, if an area has twice as many tons                                    reductions in the Cincinnati area and
                                                    to substitute for the low RVP                                             of NOX emissions as VOC emissions,                                        21.72 tpy of NOX reductions will be
                                                    requirements, Ohio EPA will be                                            then 2 tons of NOX emissions would be                                     needed in the Dayton area. (See Table 1)

                                                                                                                             TABLE 1—EMISSIONS TO BE REPLACED
                                                                                                                                                      [Tons per year]

                                                                                                                                                                                                                              Cincinnati area   Dayton area
                                                                                                                               Emissions                                                                                           (tpy)           (tpy)

                                                    NOX to be replaced from removal of 7.8 low RVP program ...................................................................................                                         16.33           13.93
                                                    VOCs to be replaced from removal of 7.8 low RVP program ................................................................................                                           15.83           16.01
                                                    VOCs replaced directly with facility shutdowns .......................................................................................................                              0.00           *8.37
                                                    Remaining VOCs to be replaced .............................................................................................................................                        15.83            7.64
                                                    VOC: NOX ratio ........................................................................................................................................................          1:1.527         1:1.021
                                                    VOC converted to NOX ............................................................................................................................................                  24.17            7.79
                                                       Total NOX emissions to be replaced ................................................................................................................                             40.50           21.72
                                                      * VOC emissions reductions from two facilities which permanently shut down in 2016: Miami Valley Publishing Company (Facility ID
                                                    0829060354) and National Oilwell Varco (Facility ID 0812100350).


                                                      In the Cincinnati area, the 7.8 psi low                                 (2011–2015), and 111.00 tpy using most                                    permits prior to the shutdown/
                                                    RVP fuel requirements will be                                             recent 2015 actual data.                                                  conversions include NOX emission
                                                    substituted with emission reductions at                                      As indicated above, 40.50 tpy of NOX                                   limits of 33.20 tpy from B609, and
                                                    the MillerCoors LLC facility (Facility ID                                 reductions will need to be offset by                                      350.32 tpy NOX from each B606, B607
                                                    1409000353) resulting from the                                            equivalent or greater emission                                            and B608 with total combined NOX
                                                    shutdown of coal/gas fired boilers and                                    reductions from the MillerCoors facility.                                 emissions not to exceed 788 tons, as a
                                                    installation of new natural gas fired                                     Therefore, Ohio EPA has determined                                        rolling, 12-month summation from the
                                                    boilers due to the Boiler MACT                                            that more than adequate emission                                          coal-fired boilers identified as emission
                                                                                                                              reductions from the shutdowns/                                            units B309, B310, B311, B606, B607,
                                                    regulations. The relevant emissions
                                                                                                                              conversions of B001, B002, B010 and                                       and B608 combined (Note: B309, B310
                                                    units are B001, B002, B010 and B011.
                                                                                                                              B011 at the MillerCoors facility are                                      and B311 underwent similar shutdown/
                                                    B001 and B002 coal/gas boilers were                                       available to offset the removal of the low                                conversions in 2015 with B311
                                                    permanently shut down on April 1,                                         RVP program in Cincinnati.                                                shutdown and B309 and B310 converted
                                                    2016. Federally-enforceable permits                                          In the Dayton area, the remaining                                      to natural gas). Federally-enforceable
                                                    prior to the shutdown include NOX                                         emission reductions to be replaced will                                   permits following the shutdown/
                                                    emission limits for B001 and B002 of                                      be substituted with emission reductions                                   conversions include NOX emission
                                                    1,375.9 tpy combined, based on rolling                                    at the Wright-Patterson Air Force Base                                    limits of 120 tpy combined for B607,
                                                    12-month summations. These were                                           (Facility ID 0829700441) facility                                         B608 and B609.
                                                    replaced with two new natural gas                                         resulting from shutdowns and                                                The amount of reductions due to
                                                    boilers, B010 and B011, which                                             conversions from coal to natural gas due                                  shutdown/conversion to natural gas was
                                                    commenced operation on January 20,                                        to compliance with Boiler MACT                                            calculated as the difference between
                                                    2016. Federally-enforceable permits for                                   regulations. The relevant emission units                                  historical actual emissions and
                                                    the new boilers B010 and B011 include                                     are B606, B607, and B608. Coal boiler                                     projected emissions from the converted
                                                    NOX emission limits of 1.17 tons of NOX                                   B606 was permanently shut down on                                         coal boilers. NOX emission reductions
                                                    per month over a rolling 12-month                                         June 7, 2016. Coal boilers B607 and                                       were 64.97 tpy using 5-year historical
                                                                                                                              B608 will be converted to natural gas by                                  averages (2011–2015), and 46.27 tpy
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    period for each boiler. The amount of
                                                    reductions due to shutdowns/                                              January 31, 2017 due to Boiler MACT.                                      using most recent 2015 actual data.
                                                                                                                              No changes are anticipated for an                                           As indicated above, 21.72 tpy of NOX
                                                    conversion to natural gas was calculated
                                                                                                                              existing natural gas boiler, B609, which                                  reductions remain to be offset by
                                                    as the difference between historical
                                                                                                                              is included in Ohio EPA’s analysis only                                   equivalent or greater emissions
                                                    actual emissions and projected                                            because it is part of the emissions unit                                  reductions from the Wright-Patterson
                                                    emissions from the new gas boilers.                                       group and has combined emission                                           Air Force Base facility. Therefore, Ohio
                                                    NOX emission reductions were 175.29                                       limitations with the converted units                                      EPA has determined that more than
                                                    tpy using 5-year historical averages                                      (B607 and B608). Federally-enforceable                                    adequate emission reductions from the


                                               VerDate Sep<11>2014         17:49 Feb 14, 2017        Jkt 241001       PO 00000       Frm 00009       Fmt 4702      Sfmt 4702       E:\FR\FM\15FEP1.SGM             15FEP1


                                                    10730                     Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Proposed Rules

                                                    shutdown/conversions of B606, B607                                     hazardous emissions) from coal-fired,                                  to NOX substitution). This amount is
                                                    and B608 at Wright-Patterson Air Force                                 biomass-fired, and liquid-fired major                                  more than offset by the 111.0 tpy NOX
                                                    Base are available to offset the removal                               source boilers based on the maximum                                    potentially available from the
                                                    of the low RVP program in Dayton.                                      achievable control technology. The                                     MillerCoors facility. Likewise, the
                                                      These substitute emissions from both                                 boiler MACT standards will also result                                 emissions increase in the Dayton area
                                                    MillerCoors and Wright-Patterson Air                                   in NOX reductions as a co-benefit of the                               due to cessation of the low RVP program
                                                    Force Base facilities are from permanent                               controls installed to meet the standards.                              is 13.93 tpy NOX and 16.01 tpy VOC.
                                                    and enforceable shutdowns and                                          These facilities’ operating permits                                    This amount is more than offset by the
                                                    conversions to natural gas. It should be                               include NOX limits which reflect those                                 3.51 tpy of VOC from the Miami Valley
                                                    noted that a facility which has notified                               co-benefits, and as such the NOX                                       Publishing Company facility, 4.86 tpy of
                                                    Ohio EPA of a permanent shut down                                      reductions are surplus to what would                                   VOC from the National Oilwell Varco
                                                    cannot resume operations without being                                 otherwise be required.                                                 facility, and 46.27 tpy NOX (depending
                                                    considered a new facility and being                                      These reductions are also surplus in                                 on the calculation method) potentially
                                                    subject to the new source review (NSR)                                 that they were not previously relied on                                available from the Wright-Patterson Air
                                                    requirements. Further, these                                           for credit toward attainment or                                        Force Base facility. (See Table 2)
                                                    conversions to natural gas were                                        maintenance purposes. Ohio EPA will
                                                    undertaken as the facility’s chosen                                    ensure these reductions are permanently                                   Ohio EPA is not permanently retiring
                                                    option to comply with Boiler MACT                                      retired and cannot be relied on for                                    all of the available emission reductions
                                                    regulations. Conversion back to coal                                   future CAA requirements. Ohio EPA                                      but only those to offset removal of the
                                                    would be impractical, if not impossible,                               maintains a database of all reductions                                 7.8 psi RVP fuel requirements as
                                                    as the facility would still be required to                             used for the purpose of CAA 110(l)                                     outlined in this action. Upon approval
                                                    comply with Boiler MACT regulations.                                   demonstrations to ensure they cannot be                                of this SIP revision, 3.51 tpy of VOC
                                                    In addition, the units are no longer                                   used again. These reductions will be                                   from the Miami Valley Publishing
                                                    permitted to burn coal and should the                                  entered into and tracked within this                                   Company facility, 4.86 tpy of VOC from
                                                    facility desire to burn coal again, the                                database.                                                              the National Oilwell Varco facility,
                                                    units would have to undergo NSR and                                      As demonstrated above, Ohio EPA has                                  40.50 tpy of NOX from the MillerCoors
                                                    these retired credits would not be                                     calculated that more than adequate                                     LLC facility and 21.72 tpy of NOX from
                                                    available to the facility (or any other                                surplus emission reductions are                                        the Wright-Patterson Air Force Base
                                                    facility) for netting or offset purposes in                            available to offset the cessation of the                               facility will be permanently retired. Any
                                                    the future.                                                            low RVP fuel requirements in the                                       use of additional reductions in excess of
                                                      The Boiler MACT regulations                                          Cincinnati and Dayton areas. Based on                                  those being retired under this action
                                                    established emission standards for                                     Ohio EPA’s calculations, the emissions                                 that may be used in the future will be
                                                    control of mercury, hydrogen chloride,                                 increase in the Cincinnati area due to                                 evaluated for the surplus criteria at the
                                                    particulate matter (as a surrogate for                                 cessation of the low RVP program is                                    time of use, which will include
                                                    non-mercury metals), and carbon                                        16.33 tpy NOX and 15.83 tpy VOC                                        discounting what is retired under this
                                                    monoxide (as a surrogate for organic                                   (equivalent to 40.50 tpy NOX after VOC                                 action.

                                                                                     TABLE 2—SUMMARY OF AVAILABLE OFFSETS AND NOX EMISSIONS TO BE RETIRED
                                                                                                                                                                                                                       Cincinnati area   Dayton area
                                                                                                                            Emissions                                                                                       (tpy)           (tpy)

                                                    NOX to be replaced from removal of 7.8 low RVP program ...................................................................................                                  16.33             13.93
                                                    VOCs to be replaced from removal of 7.8 low RVP program ................................................................................                                    15.83             16.01
                                                    VOCs replaced directly with facility shutdowns .......................................................................................................                       0.00              8.37
                                                    Total NOX emissions to be replaced (after conversion of remaining VOC to NOX) ...............................................                                               40.50             21.72
                                                    NOX offsets available from shutdowns/conversion to natural gas ..........................................................................                                  111.00             46.27
                                                    Excess NOX credits (available offsets minus emissions to be replaced) ...............................................................                                       70.50             24.55
                                                    VOC emissions to be retired ...................................................................................................................................              0.00              8.37
                                                    NOX emissions to be retired ....................................................................................................................................            40.50             21.72



                                                      Based on an evaluation of Ohio EPA’s                                 requirements in both areas will interfere
                                                                                                                           with attainment of other air quality                                   particulate matter, and regional haze in the
                                                    110(l) demonstration, EPA believes that
                                                                                                                                                                                                  Southeastern United States, June 24, 2009, available
                                                    the removal of the 7.8 psi low RVP fuel                                standards. All the counties in the                                     at: http://www.journals.elsevier.com/journal-
                                                    program requirements in the Cincinnati                                 Dayton area are designated attainment                                  ofenvironmental-management) indicates that in
                                                    and Dayton areas do not interfere with                                 for all standards, including sulfur                                    portions of the Midwest (including portions of Ohio
                                                    Ohio’s ability to demonstrate                                          dioxide and nitrogen dioxide.                                          where low RVP fuel requirements have been
                                                                                                                                                                                                  implemented), emissions of direct PM2.5 and the
                                                    compliance with the 8-hour ozone                                       Cincinnati is designated attainment for                                precursor sulfur dioxide (S02) are more significant
                                                    NAAQS in both areas. This is based on                                  all standards other than ozone, sulfur                                 to ambient PM2.5 concentrations than NOX and
                                                    the use of permanent, enforceable,                                     dioxide and fine particulate matter                                    VOC. Specifically, PM2.5 sensitivities to
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    contemporaneous, surplus emissions                                     (PM2.5). Although NOX and VOCs also                                    anthropogenic VOC emissions are near zero for the
                                                                                                                           contribute to the formation of                                         entire region, including the Cincinnati region. This
                                                    reductions achieved from facilities in
                                                                                                                                                                                                  study also indicated that the impact of SO2
                                                    the Cincinnati and Dayton areas that                                   particulate matter, the extent of the                                  emissions, especially from electric generating units,
                                                    have permanently shut down or which                                    contribution varies significantly by                                   was most significant in the Cincinnati area due to
                                                    have or will convert from coal to natural                              location or region within the U.S.2                                    SO2 emissions in the entire mid-west region
                                                    gas as previously discussed.                                                                                                                  (Wisconsin, Illinois, Indiana, Michigan and Ohio).
                                                                                                                             2 While VOC is one of the precursors for PM
                                                                                                                                                                        2.5
                                                                                                                                                                                                  In fact, emissions from the mid-west had the largest
                                                      EPA also examined whether the                                        formation, a study (Journal of Environmental                           effect on PM2.5 sensitivities in the Cincinnati region.
                                                    removal of 7.8 psi low RVP fuel program                                Engineering—Qualifying the sources of ozone, fine                      For this reason, a similar impact is expected in the
                                                                                                                                                                                                  Dayton area. The technical analysis provided by


                                               VerDate Sep<11>2014        17:49 Feb 14, 2017       Jkt 241001      PO 00000      Frm 00010       Fmt 4702      Sfmt 4702     E:\FR\FM\15FEP1.SGM            15FEP1


                                                                        Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Proposed Rules                                       10731

                                                    However, as with ozone, any NOX and                     requirement to mean that a fuel would                 VI. Statutory and Executive Order
                                                    VOC emission increases resulting from                   have to be removed from all SIPs in                   Reviews
                                                    the removal of the low RVP fuel                         which it was approved in order for it to              Under the CAA, the Administrator is
                                                    requirements are being offset through                   be removed from the list. (See 71 FR               required to approve a SIP submission
                                                    the use of equivalent emission                          78195.)                                            that complies with the provisions of the
                                                    reductions as discussed above. Based on                                                                    CAA and applicable Federal regulations.
                                                                                                            A. Removal of Gasoline Volatility
                                                    Ohio EPA’s 110(l) analysis, EPA has no
                                                                                                            Requirements in Cincinnati and Dayton 42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                                    reason to believe that the removal of the                                                                  Thus, in reviewing SIP submissions,
                                                    low RVP fuel requirements in                               The 7.8 psi RVP fuel program, which             EPA’s role is to approve state choices,
                                                    Cincinnati and Dayton will cause the                    is approved into Ohio’s SIP, is a fuel             provided that they meet the criteria of
                                                    areas to become nonattainment for any                   type that is included in EPA’s boutique            the CAA. Accordingly, this action
                                                    of these pollutants. In addition, EPA                   fuel list, 71 FR 78198–99; (https://www. merely approves state law as meeting
                                                    believes that removing the 7.8 psi low                  epa.gov/gasoline-standards/state-fuels)            Federal requirements and does not
                                                    RVP program requirements in Ohio will                   and the specific counties in the                   impose additional requirements beyond
                                                    not interfere with the areas’ ability to                Cincinnati and Dayton areas where the              those imposed by state law. For that
                                                    meet any other CAA requirement.                         low RVP gasoline is required are                   reason, this action:
                                                      Based on the above discussion and                     identified on EPA’s Gasoline Reid Vapor               • Is not a ‘‘significant regulatory
                                                    the state’s section 110(l) demonstration,               Pressure Web page (https://www.epa.                action’’ subject to review by the Office
                                                    EPA believes that removal of the 7.8 psi                gov/gasoline-standards/gasoline-reid-              of Management and Budget under
                                                    low RVP fuel requirements would not                     vapor-pressure). If the proposed removal Executive Orders 12866 (58 FR 51735,
                                                    interfere with attainment or                            of Ohio’s gasoline volatility                      October 4, 1993) and 13563 (76 FR 3821,
                                                    maintenance of any of the NAAQS in                      requirements from the state’s SIP is               January 21, 2011);
                                                    the Cincinnati and Dayton areas and                     approved, EPA will update the State                   • Does not impose an information
                                                    would not interfere with any other                      Fuels and Gasoline Reid Vapor Pressure collection burden under the provisions
                                                    applicable requirement of the CAA, and                  Web pages on the effective date of the             of the Paperwork Reduction Act (44
                                                    thus, are approvable under CAA section                  removal. While the entry for Ohio will             U.S.C. 3501 et seq.);
                                                    110(l).                                                 be deleted from the list of boutique                  • Is certified as not having a
                                                    IV. What action is EPA proposing to                     fuels, this deletion will not result in an         significant economic impact on a
                                                    take?                                                   opening on the boutique fuels list                 substantial number of small entities
                                                                                                            because the 7.8 psi RVP fuel type                  under the Regulatory Flexibility Act (5
                                                       EPA is proposing to approve the                      remains in other state SIPs.                       U.S.C. 601 et seq.);
                                                    revision to the Ohio ozone SIP
                                                                                                            B. Removal of Gasoline Volatility                     • Does not contain any unfunded
                                                    submitted by the Ohio EPA on
                                                                                                            Standards Applicable in the Illinois               mandate   or significantly or uniquely
                                                    December 19, 2016, removing the 7.8 psi
                                                    RVP fuel requirements for gasoline                      Portion the St. Louis, MO-IL Ozone Area affect small governments, as described
                                                                                                                                                               in the Unfunded Mandates Reform Act
                                                    distributed in the Cincinnati and Dayton
                                                                                                               On October 6, 2014 EPA published a              of 1995 (Pub. L. 104–4);
                                                    areas which include Montgomery,
                                                                                                            direct final rule to remove Illinois’ 7.2             • Does not have Federalism
                                                    Miami, Greene, Clark, Hamilton, Butler,
                                                                                                            psi low RVP regulation from the state’s            implications as specified in Executive
                                                    Warren, and Clermont counties. We find
                                                                                                            SIP for its portion of the St. Louis, MO-          Order 13132 (64 FR 43255, August 10,
                                                    that the revision meets all applicable
                                                                                                            IL ozone area. (See 79 FR 60065.) The              1999);
                                                    requirements and it would not interfere
                                                                                                            removal became effective on December                  • Is not an economically significant
                                                    with reasonable further progress or
                                                                                                            5, 2014.                                           regulatory action based on health or
                                                    attainment of any of the NAAQS.
                                                                                                               The 7.2 psi RVP fuel type was                   safety risks subject to Executive Order
                                                    V. Impacts on the Boutique Fuels List                   included in the published list of fuels.           13045 (62 FR 19885, April 23, 1997);
                                                       Section 1541(b) of the Energy Policy                                                                       • Is not a significant regulatory action
                                                                                                            (See 71 FR 78199). Illinois was the only
                                                    Act of 2005 required EPA in                                                                                subject to Executive Order 13211 (66 FR
                                                                                                            state with such a fuel type in its
                                                    consultation with the U.S. Department                                                                      28355, May 22, 2001);
                                                                                                            approved SIP. When EPA removed the
                                                    of Energy to determine the number of                                                                          • Is not subject to requirements of
                                                                                                            approved 7.2 psi RVP fuel regulation
                                                    fuels programs approved into all SIPs as                                                                   Section 12(d) of the National
                                                                                                            from the Illinois SIP EPA was also
                                                    of September 1, 2004 and to publish a                                                                      Technology Transfer and Advancement
                                                                                                            obligated to remove this fuel type from
                                                    list of such fuels. On December 28, 2008                                                                   Act of 1995 (15 U.S.C. 272 note) because
                                                                                                            the list of boutique fuels because this
                                                    EPA published the list of boutique fuels.                                                                  application of those requirements would
                                                                                                            fuel type is no longer in any approved
                                                    (See 71 FR 78192.) EPA maintains the                                                                       be inconsistent with the CAA; and
                                                                                                            SIP. Removal of this fuel type from the
                                                                                                                  3

                                                    current list of boutique fuels on its Web                                                                     • Does not provide EPA with the
                                                                                                            boutique fuels list has created room on
                                                    site at: https://www.epa.gov/gasoline-                                                                     discretionary authority to address, as
                                                                                                            the boutique fuels list. This may allow
                                                    standards/state-fuels. The final list of                                                                   appropriate, disproportionate human
                                                                                                            for approval of a new fuel type into a
                                                    boutique fuels was based on a fuel type                                                                    health or environmental effects, using
                                                                                                            SIP and for it to be added to the list.
                                                    approach. CAA section                                                                                      practicable and legally permissible
                                                                                                            However, the approval of a new fuel
                                                    211(c)(4)(C)(v)(III) requires that EPA                                                                     methods, under Executive Order 12898
                                                                                                            type into a SIP would be subject to
                                                                                                                                                               (59 FR 7629, February 16, 1994).
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    remove a fuel from the published list if                certain restrictions as described in the
                                                                                                                                                                  In addition, the SIP is not approved
                                                    it is either identical to a federal fuel or             December 28, 2006 Federal Register
                                                                                                                                                               to apply on any Indian reservation land
                                                    is removed from the SIP in which it is                  notice that established the list of
                                                                                                                                                               or in any other area where EPA or an
                                                    approved. Under the adopted fuel type                   boutique fuels. (See 71 FR 78193)
                                                                                                                                                               Indian tribe has demonstrated that a
                                                    approach, EPA interpreted this
                                                                                                              3 EPA has previously updated its State Fuels and
                                                                                                                                                               tribe has jurisdiction. In those areas of
                                                    Ohio EPA has met EPA’s guidance and                     Gasoline Reid Vapor Pressure Web pages to reflect
                                                                                                                                                               Indian country, the rule does not have
                                                    demonstrates anthropogenic VOCs are insignificant       the removal of the 7.2 psi RVP requirement from    tribal implications and will not impose
                                                    to the formation of PM2.5 in these areas.               the Illinois SIP.                                  substantial direct costs on tribal


                                               VerDate Sep<11>2014   17:49 Feb 14, 2017   Jkt 241001   PO 00000   Frm 00011   Fmt 4702   Sfmt 4702   E:\FR\FM\15FEP1.SGM   15FEP1


                                                    10732               Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Proposed Rules

                                                    governments or preempt tribal law as                    rule published in the Federal Register                period established in the proposed rules
                                                    specified by Executive Order 13175 (65                  of January 19, 2017 (82 FR 7432) is                   issued in the Federal Register of
                                                    FR 67249, November 9, 2000).                            delayed to April 19, 2017.                            December 16, 2016 (81 FR 91592) (FRL–
                                                                                                            ADDRESSES: Submit your comments,                      9949–86) and January 19, 2017 (82 FR
                                                    List of Subjects in 40 CFR Part 52
                                                                                                            using the applicable docket ID number                 7432) (FRL–9950–08). In those
                                                      Environmental protection, Air                         identified for that proposed rule, go at              documents, EPA proposed under TSCA
                                                    pollution control, Incorporation by                     http://www.regulations.gov. Follow the                section 6 to prohibit the manufacture
                                                    reference, Intergovernmental relations,                 online instructions for submitting                    (including imports), processing, and
                                                    Nitrogen oxides, Ozone, Volatile organic                comments. Once submitted, comments                    distribution in commerce of TCE for use
                                                    compounds.                                              cannot be edited or withdrawn. EPA                    in aerosol degreasing, for use in spot
                                                      Dated: January 31, 2017.                              may publish any comment received to                   cleaning in dry cleaning facilities, and
                                                    Robert Kaplan,                                          its public docket. Do not submit                      for use in vapor degreasing; to prohibit
                                                    Acting Regional Administrator, Region 5.                electronically any information you
                                                                                                                                                                  commercial use of TCE for aerosol
                                                                                                            consider to be Confidential Business
                                                    [FR Doc. 2017–03082 Filed 2–14–17; 8:45 am]                                                                   degreasing, for spot cleaning in dry
                                                                                                            Information (CBI) or other information
                                                    BILLING CODE 6560–50–P
                                                                                                            whose disclosure is restricted by statute.            cleaning facilities, and for use in vapor
                                                                                                            Multimedia submissions (audio, video,                 degreasing; to require manufacturers
                                                                                                            etc.) must be accompanied by a written                (including importers), processors, and
                                                    ENVIRONMENTAL PROTECTION                                                                                      distributors, except for retailers of TCE
                                                    AGENCY                                                  comment. The written comment is
                                                                                                            considered the official comment and                   for any use, to provide downstream
                                                    40 CFR Part 751                                         should include discussion of all points               notification of these prohibitions
                                                                                                            you wish to make. EPA will generally                  throughout the supply chain; and to
                                                    [EPA–HQ–OPPT–2016–0163; EPA–HQ–                         not consider comments or comment                      require limited recordkeeping. These
                                                    OPPT–2016–0387; FRL–9959–03]                                                                                  two proposals together address risks for
                                                                                                            contents located outside of the primary
                                                    RIN 2070–AK03; 2070–AK11                                submission (i.e., on the web, cloud, or               workers and consumers associated with
                                                                                                            other file sharing system). For                       exposure to TCE through inhalation that
                                                    Trichloroethylene (TCE); Regulation of                  additional submission methods (e.g.,                  were identified in the 2014 TCE risk
                                                    Certain Uses Under Toxic Substances                     mail or hand delivery), the full EPA                  assessment and EPA intends to finalize
                                                    Control Act; Extension of Comment                       public comment policy, information                    both actions together. EPA is hereby
                                                    Periods                                                 about CBI or multimedia submissions,                  extending the comment periods for both
                                                    AGENCY:  Environmental Protection                       and general guidance on making                        proposed rules by 30 calendar days, i.e.,
                                                    Agency (EPA).                                           effective comments, please visit http://              for the document issued in the Federal
                                                                                                            www2.epa.gov/dockets/commenting-                      Register of December 16, 2016
                                                    ACTION: Proposed rule; extension of
                                                                                                            epa-dockets.
                                                    comment periods.                                           Docket. The docket for each proposed               (identified by docket ID number EPA–
                                                                                                            rule contains supporting information                  HQ–OPPT–2016–0163), the comment
                                                    SUMMARY:    EPA issued two proposed                                                                           period that was set to end on February
                                                    rules under section 6 of the Toxic                      used in developing the proposed rule,
                                                                                                            comments on the proposed rule, and                    14, 2017, is now scheduled to end on
                                                    Substances Control Act (TSCA) to                                                                              March 16, 2017, and for the document
                                                    prohibit the manufacture (including                     additional supporting information. In
                                                                                                            addition to being available online at                 issued in the Federal Register of
                                                    importers), processing, and distribution
                                                                                                            http://www.regulations.gov, the docket                January 19, 2017 (identified by docket
                                                    in commerce of trichloroethylene (TCE)
                                                                                                            is available for inspection and copying               ID number EPA–HQ–OPPT–2016–0387),
                                                    for use in aerosol degreasing, for use in
                                                    spot cleaning in dry cleaning facilities,               between 8:30 a.m. and 4:30 p.m.,                      the comment period that was set to end
                                                    and for use in vapor degreasing; to                     Monday through Friday, excluding                      on March 20, 2017, is now scheduled to
                                                    prohibit commercial use of TCE for                      federal holidays, at the U.S.                         end on April 19, 2017.
                                                    aerosol degreasing, for spot cleaning in                Environmental Protection Agency, EPA                     To submit comments, or access the
                                                    dry cleaning facilities, and for use in                 Docket Center Reading Room, WJC West                  docket, please follow the detailed
                                                    vapor degreasing; to require                            Building, Room 3334, 1301 Constitution
                                                                                                                                                                  instructions provided under ADDRESSES
                                                    manufacturers (including importers),                    Avenue NW., Washington, DC 20004. A
                                                                                                                                                                  in the Federal Register documents of
                                                    processors, and distributors, except for                reasonable fee may be charged for
                                                                                                                                                                  December 16, 2016 and January 19,
                                                    retailers of TCE for any use, to provide                copying.
                                                                                                                                                                  2017. If you have questions, consult the
                                                    downstream notification of these                        FOR FURTHER INFORMATION CONTACT: For                  technical person listed under FOR
                                                    prohibitions throughout the supply                      technical information contact: Toni                   FURTHER INFORMATION CONTACT.
                                                    chain; and to require limited                           Krasnic, Chemical Control Division,
                                                    recordkeeping. This document extends                    Office of Pollution Prevention and                    List of Subjects in 40 CFR Part 751
                                                    the comment periods for both proposed                   Toxics, Environmental Protection
                                                                                                            Agency, 1200 Pennsylvania Ave. NW.,                     Environmental protection, Chemicals,
                                                    rules by an additional 30 calendar days
                                                    each. A commenter requested additional                  Washington, DC 20460–0001; telephone                  Export notification, Hazardous
                                                    time to submit written comments for the                 number: (202) 564–0984; email address:                substances, Import certification,
                                                    proposed rules. EPA is therefore                        krasnic.toni@epa.gov.                                 Trichloroethylene, Recordkeeping.
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    extending the comment period in order                      For general information contact: The                 Dated: February 8, 2017.
                                                    to give all interested persons the                      TSCA–Hotline, ABVI–Goodwill, 422                      Wendy Cleland Hamnett,
                                                    opportunity to comment fully.                           South Clinton Ave., Rochester, NY
                                                                                                                                                                  Acting Assistant Administrator, Office of
                                                    DATES: The comment period of the                        14620; telephone number: (202) 554–
                                                                                                                                                                  Chemical Safety and Pollution Prevention.
                                                    proposed rule published in the Federal                  1404; email address: TSCA-Hotline@
                                                                                                                                                                  [FR Doc. 2017–02965 Filed 2–14–17; 8:45 am]
                                                    Register of December 16, 2016 (81 FR                    epa.gov.
                                                                                                                                                                  BILLING CODE 6560–50–P
                                                    91592) is extended to March 16, 2017,                   SUPPLEMENTARY INFORMATION: This
                                                    and the comment date of the proposed                    document extends the public comment


                                               VerDate Sep<11>2014   17:49 Feb 14, 2017   Jkt 241001   PO 00000   Frm 00012   Fmt 4702   Sfmt 9990   E:\FR\FM\15FEP1.SGM   15FEP1



Document Created: 2017-02-15 00:54:42
Document Modified: 2017-02-15 00:54:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before March 17, 2017.
ContactFrancisco 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 Citation82 FR 10727 
CFR AssociatedEnvironmental 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