82 FR 16930 - Air Plan Approval; SC; Infrastructure Requirements for the 2012 PM2.5
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 66 (April 7, 2017)
Federal Register Volume 82, Issue 66 (April 7, 2017)
| Page Range | 16930-16932 | |
| FR Document | 2017-06898 |
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)] [Rules and Regulations] [Pages 16930-16932] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06898] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2014-0429; FRL-9960-92-Region 4] Air Plan Approval; SC; Infrastructure Requirements for the 2012 PM2.5 National Ambient Air Quality Standard AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve portions of the State Implementation Plan (SIP) submission, submitted by the State of South Carolina, through the South Carolina Department of Health and Environmental Control (SC DHEC), on December 18, 2015, to demonstrate that the State meets the infrastructure requirements of the Clean Air Act (CAA or Act) for the 2012 Annual Fine Particulate Matter (PM2.5 ) national ambient air quality standard (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance and enforcement of each NAAQS promulgated by EPA, which is commonly referred to as an ``infrastructure'' SIP. SC DHEC certified that the South Carolina SIP contains provisions that ensure the 2012 Annual PM2.5 NAAQS is implemented, enforced, and maintained in South Carolina. EPA has determined that portions of South Carolina's SIP satisfy certain required infrastructure elements for the 2012 Annual PM2.5 NAAQS. DATES: This rule is effective May 8, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R04-OAR-2014-0429. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. SUPPLEMENTARY INFORMATION: I. Background and Overview On December 14, 2012 (78 FR 3086, January 15, 2013), EPA promulgated a revised primary annual PM2.5 NAAQS. The standard was strengthened from 15.0 micrograms per cubic meter ([mu]g/ m\3\) to 12.0 [mu]g/m\3\. Pursuant to section 110(a)(1) of the CAA, States are required to submit SIPs meeting the applicable requirements of section 110(a)(2) within three years after promulgation of a new or revised NAAQS or within such shorter period as EPA may prescribe. Section 110(a)(2) requires states to address basic SIP elements such as requirements for monitoring, basic program requirements and legal authority that are designed to assure attainment and maintenance of the NAAQS. States were required to submit such SIPs for the 2012 Annual PM2.5 NAAQS to EPA no later than December 14, 2015. In a proposed rulemaking published August 23, 2016 (81 FR 57509), EPA proposed to approve portions of South Carolina's December 18, 2015, SIP submission for the 2012 Annual PM2.5 NAAQS, with the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), for which EPA did not propose any action. On August 22, 2016 (81 FR 56512) EPA conditionally approved South Carolina's December 18, 2015, infrastructure SIP submission regarding prong 4 of D(i) for the 2012 Annual PM2.5 NAAQS. Therefore, EPA is not taking any action today pertaining to prong 4. With respect to the interstate transport requirements of section 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA will consider these requirements in relation to South Carolina's 2012 Annual PM2.5 NAAQS infrastructure submission in a separate rulemaking. The details of South Carolina submission and the rationale for EPA's actions for this final rule are explained in the August 23, 2016, proposed rulemaking. Comments on the proposed rulemaking were due on or before September 22, 2016. EPA did not receive any comments, adverse or otherwise. II. Final Action With the exception of the interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4), EPA is taking final action to approve South Carolina's infrastructure submission for the 2012 Annual PM2.5 [[Page 16931]] NAAQS. EPA notes that the Agency is not approving any specific rule, but rather approving that South Carolina's already approved SIP meets certain CAA requirements. EPA is taking final action to approve portions of South Carolina's infrastructure SIP submission for the 2012 Annual PM2.5 NAAQS because it is consistent with section 110 of the CAA. III. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable federal regulations. See 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 (Public Law 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, this proposed action for the state of South Carolina does not have Tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Catawba Indian Nation Reservation is located within the State of South Carolina. Pursuant to the Catawba Indian Claims Settlement Act, South Carolina statute 27-16-120, ``all state and local environmental laws and regulations apply to the [Catawba Indian Nation] and Reservation and are fully enforceable by all relevant state and local agencies and authorities.'' However, EPA has determined that this rule does not have substantial direct effects on an Indian Tribe because this action is not approving any specific rule, but rather approving that South Carolina's already approved SIP meets certain CAA requirements. EPA notes this action will not impose substantial direct costs on Tribal governments or preempt Tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by June 6, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: March 15, 2017. V. Anne Heard, Acting Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart PP--South Carolina 0 2. Section 52.2120(e) is amended by adding an entry for ``110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM 2.5 NAAQS'' at the end of the table to read as follows: Sec. 52.2120 Identification of plan. * * * * * (e) * * * EPA-Approved South Carolina Non-Regulatory Provisions ---------------------------------------------------------------------------------------------------------------- State EPA approval Federal Register Provision effective date date notice Explanation ---------------------------------------------------------------------------------------------------------------- * * * * * * * 110(a)(1) and (2) Infrastructure 12/14/2015 04/07/2017 [Insert citation of With the exception of Requirements for the 2012 Annual publication]. section PM2.5 NAAQS. 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4). ---------------------------------------------------------------------------------------------------------------- [[Page 16932]] [FR Doc. 2017-06898 Filed 4-6-17; 8:45 am] BILLING CODE 6560-50-P
![16930 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations
TABLE 1—EPA APPROVED TENNESSEE REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
CHAPTER 1200–3–20 LIMITS ON EMISSIONS DUE TO MALFUNCTIONS, START-UPS, AND SHUTDOWNS
* * * * * * *
1200–3–20–.02 ............................... Reasonable Measures Required ... 11/11/1997 4/7/2017, [insert Federal Register
citation].
* * * * * * *
* * * * * Identification No. EPA–R04–OAR– three years after promulgation of a new
[FR Doc. 2017–06877 Filed 4–6–17; 8:45 am] 2014–0429. All documents in the docket or revised NAAQS or within such
BILLING CODE 6560–50–P are listed on the www.regulations.gov shorter period as EPA may prescribe.
Web site. Although listed in the index, Section 110(a)(2) requires states to
some information is not publicly address basic SIP elements such as
ENVIRONMENTAL PROTECTION available, i.e., Confidential Business requirements for monitoring, basic
AGENCY Information or other information whose program requirements and legal
disclosure is restricted by statute. authority that are designed to assure
40 CFR Part 52 Certain other material, such as attainment and maintenance of the
[EPA–R04–OAR–2014–0429; FRL–9960–92– copyrighted material, is not placed on NAAQS. States were required to submit
Region 4] the Internet and will be publicly such SIPs for the 2012 Annual PM2.5
available only in hard copy form. NAAQS to EPA no later than December
Air Plan Approval; SC; Infrastructure Publicly available docket materials are 14, 2015.
Requirements for the 2012 PM2.5 available either electronically through In a proposed rulemaking published
National Ambient Air Quality Standard www.regulations.gov or in hard copy at August 23, 2016 (81 FR 57509), EPA
AGENCY: Environmental Protection the Air Regulatory Management Section, proposed to approve portions of South
Agency. Air Planning and Implementation Carolina’s December 18, 2015, SIP
Branch, Air, Pesticides and Toxics submission for the 2012 Annual PM2.5
ACTION: Final rule.
Management Division, U.S. NAAQS, with the exception of the
SUMMARY: The Environmental Protection Environmental Protection Agency, interstate transport requirements of
Agency (EPA) is taking final action to Region 4, 61 Forsyth Street SW., section 110(a)(2)(D)(i)(I) and (II) (prongs
approve portions of the State Atlanta, Georgia 30303–8960. EPA 1, 2, and 4), for which EPA did not
Implementation Plan (SIP) submission, requests that if at all possible, you propose any action. On August 22, 2016
submitted by the State of South contact the person listed in the FOR (81 FR 56512) EPA conditionally
Carolina, through the South Carolina FURTHER INFORMATION CONTACT section to
approved South Carolina’s December
Department of Health and schedule your inspection. The Regional 18, 2015, infrastructure SIP submission
Environmental Control (SC DHEC), on Office’s official hours of business are regarding prong 4 of D(i) for the 2012
December 18, 2015, to demonstrate that Monday through Friday, 8:30 a.m. to Annual PM2.5 NAAQS. Therefore, EPA
the State meets the infrastructure 4:30 p.m., excluding Federal holidays. is not taking any action today pertaining
requirements of the Clean Air Act (CAA to prong 4. With respect to the interstate
FOR FURTHER INFORMATION CONTACT:
or Act) for the 2012 Annual Fine transport requirements of section
Tiereny Bell, Air Regulatory 110(a)(2)(D)(i)(I) (prongs 1 and 2), EPA
Particulate Matter (PM2.5) national Management Section, Air Planning and
ambient air quality standard (NAAQS). will consider these requirements in
Implementation Branch, Air, Pesticides relation to South Carolina’s 2012
The CAA requires that each state adopt and Toxics Management Division, U.S.
and submit a SIP for the Annual PM2.5 NAAQS infrastructure
Environmental Protection Agency, submission in a separate rulemaking.
implementation, maintenance and Region 4, 61 Forsyth Street SW.,
enforcement of each NAAQS The details of South Carolina
Atlanta, Georgia 30303–8960. Ms. Bell submission and the rationale for EPA’s
promulgated by EPA, which is can be reached via electronic mail at
commonly referred to as an actions for this final rule are explained
bell.tiereny@epa.gov or via telephone at in the August 23, 2016, proposed
‘‘infrastructure’’ SIP. SC DHEC certified (404) 562–9088.
that the South Carolina SIP contains rulemaking. Comments on the proposed
SUPPLEMENTARY INFORMATION: rulemaking were due on or before
provisions that ensure the 2012 Annual
PM2.5 NAAQS is implemented, I. Background and Overview September 22, 2016. EPA did not
enforced, and maintained in South receive any comments, adverse or
On December 14, 2012 (78 FR 3086, otherwise.
Carolina. EPA has determined that January 15, 2013), EPA promulgated a
portions of South Carolina’s SIP satisfy II. Final Action
nlaroche on DSK30NT082PROD with RULES
revised primary annual PM2.5 NAAQS.
certain required infrastructure elements The standard was strengthened from With the exception of the interstate
for the 2012 Annual PM2.5 NAAQS. 15.0 micrograms per cubic meter (mg/ transport requirements of section
DATES: This rule is effective May 8, m3) to 12.0 mg/m3. Pursuant to section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2,
2017. 110(a)(1) of the CAA, States are required and 4), EPA is taking final action to
ADDRESSES: EPA has established a to submit SIPs meeting the applicable approve South Carolina’s infrastructure
docket for this action under Docket requirements of section 110(a)(2) within submission for the 2012 Annual PM2.5
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![Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations 16931
NAAQS. EPA notes that the Agency is • is not a significant regulatory action the Federal Register. A major rule
not approving any specific rule, but subject to Executive Order 13211 (66 FR cannot take effect until 60 days after it
rather approving that South Carolina’s 28355, May 22, 2001); is published in the Federal Register.
already approved SIP meets certain • is not subject to requirements of This action is not a ‘‘major rule’’ as
CAA requirements. EPA is taking final Section 12(d) of the National defined by 5 U.S.C. 804(2).
action to approve portions of South Technology Transfer and Advancement Under section 307(b)(1) of the CAA,
Carolina’s infrastructure SIP submission Act of 1995 (15 U.S.C. 272 note) because petitions for judicial review of this
for the 2012 Annual PM2.5 NAAQS application of those requirements would action must be filed in the United States
because it is consistent with section 110 be inconsistent with the CAA; and Court of Appeals for the appropriate
of the CAA. • does not provide EPA with the circuit by June 6, 2017. Filing a petition
discretionary authority to address, as for reconsideration by the Administrator
III. Statutory and Executive Order appropriate, disproportionate human
Reviews of this final rule does not affect the
health or environmental effects, using
finality of this action for the purposes of
Under the CAA, the Administrator is practicable and legally permissible
judicial review nor does it extend the
required to approve a SIP submission methods, under Executive Order 12898
time within which a petition for judicial
that complies with the provisions of the (59 FR 7629, February 16, 1994).
In addition, this proposed action for review may be filed, and shall not
Act and applicable federal regulations. postpone the effectiveness of such rule
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). the state of South Carolina does not
have Tribal implications as specified by or action. This action may not be
Thus, in reviewing SIP submissions, challenged later in proceedings to
EPA’s role is to approve state choices, Executive Order 13175 (65 FR 67249,
November 9, 2000). The Catawba Indian enforce its requirements. See section
provided that they meet the criteria of 307(b)(2).
the CAA. Accordingly, this action Nation Reservation is located within the
merely approves state law as meeting State of South Carolina. Pursuant to the List of Subjects in 40 CFR Part 52
federal requirements and does not Catawba Indian Claims Settlement Act,
South Carolina statute 27–16–120, ‘‘all Environmental protection, Air
impose additional requirements beyond
state and local environmental laws and pollution control, Incorporation by
those imposed by state law. For that
regulations apply to the [Catawba Indian reference, Intergovernmental relations,
reason, this action:
• Is not a significant regulatory action Nation] and Reservation and are fully Particulate matter, Reporting and
subject to review by the Office of enforceable by all relevant state and recordkeeping requirements, Volatile
Management and Budget under local agencies and authorities.’’ organic compounds.
Executive Orders 12866 (58 FR 51735, However, EPA has determined that this Dated: March 15, 2017.
October 4, 1993) and 13563 (76 FR 3821, rule does not have substantial direct V. Anne Heard,
January 21, 2011); effects on an Indian Tribe because this Acting Regional Administrator, Region 4.
• does not impose an information action is not approving any specific
collection burden under the provisions rule, but rather approving that South 40 CFR part 52 is amended as follows:
of the Paperwork Reduction Act (44 Carolina’s already approved SIP meets
U.S.C. 3501 et seq.); certain CAA requirements. EPA notes PART 52—APPROVAL AND
• is certified as not having a this action will not impose substantial PROMULGATION OF
significant economic impact on a direct costs on Tribal governments or IMPLEMENTATION PLANS
substantial number of small entities preempt Tribal law.
under the Regulatory Flexibility Act (5 The Congressional Review Act, 5 ■ 1. The authority citation for part 52
U.S.C. 601 et seq.); U.S.C. 801 et seq., as added by the Small continues to read as follows:
• does not contain any unfunded Business Regulatory Enforcement Authority: 42 U.S.C. 7401 et seq.
mandate or significantly or uniquely Fairness Act of 1996, generally provides
affect small governments, as described that before a rule may take effect, the Subpart PP—South Carolina
in the Unfunded Mandates Reform Act agency promulgating the rule must
of 1995 (Public Law 104–4); submit a rule report, which includes a ■ 2. Section 52.2120(e) is amended by
• does not have Federalism copy of the rule, to each House of the adding an entry for ‘‘110(a)(1) and (2)
implications as specified in Executive Congress and to the Comptroller General Infrastructure Requirements for the 2012
Order 13132 (64 FR 43255, August 10, of the United States. EPA will submit a Annual PM2.5 NAAQS’’ at the end of the
1999); report containing this action and other table to read as follows:
• is not an economically significant required information to the U.S. Senate,
regulatory action based on health or the U.S. House of Representatives, and § 52.2120 Identification of plan.
safety risks subject to Executive Order the Comptroller General of the United * * * * *
13045 (62 FR 19885, April 23, 1997); States prior to publication of the rule in (e) * * *
EPA-APPROVED SOUTH CAROLINA NON-REGULATORY PROVISIONS
State effective EPA approval Federal Register
Provision Explanation
date date notice
* * * * * * *
nlaroche on DSK30NT082PROD with RULES
110(a)(1) and (2) Infrastructure Require- 12/14/2015 04/07/2017 [Insert citation of With the exception of section
ments for the 2012 Annual PM2.5 publication]. 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2
NAAQS. and 4).
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[FR Doc. 2017–06898 Filed 4–6–17; 8:45 am] SUPPLEMENTARY INFORMATION: with the National Ambient Air Quality
BILLING CODE 6560–50–P Throughout this document whenever Standards (NAAQS) under section
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 110(l) of the CAA to ensure that impacts
EPA. on the NAAQS are considered.
ENVIRONMENTAL PROTECTION Individual rulemakings on each action
AGENCY I. What is being addressed by this
are published in the Federal Register
document?
and would contain specific emissions
40 CFR Part 52 On February 15, 2017, at 82 FR 10727, impacts for each of the situations.
[EPA–R05–OAR–2016–0781; FRL–9960–96- EPA proposed to approve the removal of Comment: The commenter is seeking
Region 5] the 7.8 psi RVP fuel requirements under EPA’s concurrence that the unused
OAC 3745–72–1 to 8 from the Ohio emission reduction credits outlined in
Air Plan Approval; Ohio; Removal of ozone SIP before the beginning of the our action and generated in the greater
Gasoline Volatility Requirements in the 2017 ozone control period. The 7.8 psi Cincinnati, Ohio area can be used to
Cincinnati and Dayton Areas; Update RVP fuel requirements specifically satisfy the emission reductions that
on the Boutique Fuel List for Illinois apply to gasoline distributed in the must be shown to demonstrate
and Ohio Cincinnati and Dayton areas in Ohio. noninterference as part of a future SIP
To support the removal of the 7.8 psi revision removing Reformulated
AGENCY: Environmental Protection RVP fuel program requirements from the Gasoline requirements in northern
Agency (EPA). SIP, the revision included amendments Kentucky.
ACTION: Final rule. of OAC 3745–72–01 (Applicability), as Response: EPA is not taking a position
SUMMARY: The Environmental Protection effective on August 1, 2016; a summary on the use of credits in a future action
Agency (EPA) is approving a State of the Ohio-specific analyses using since such issue is outside the scope of
Implementation Plan (SIP) revision EPA’s Motor Vehicle Emissions this action. Any subsequent use of
submitted by the Ohio Environmental Simulator (MOVES) model to quantify emission reduction credits outlined in
Protection Agency (Ohio EPA) on the emissions impact associated with our action should be coordinated
December 19, 2016, concerning the removing the 7.8 psi RVP fuel program between Ohio and Kentucky when a
state’s gasoline volatility standards in in Cincinnati and Dayton; and a section request to adjust requirements is made.
the Cincinnati and Dayton areas. The 110(l) demonstration that includes offset III. What action is EPA taking?
revision removes the 7.8 pounds per emissions documentation.
EPA is approving a SIP revision
square inch (psi) low Reid Vapor II. What comments did we receive on submitted by Ohio EPA on December
Pressure (RVP) fuel requirements for the the proposed SIP revision? 19, 2016, removing the state’s 7.8 psi
two areas as a component of the Ohio
Our February 15, 2017, proposed rule RVP fuel requirement for gasoline
ozone SIP. The submittal also includes
provided a 30-day review and comment distributed in the Cincinnati and Dayton
a section 110(l) demonstration as
period. The comment period closed on areas. The SIP revision also includes a
required by the Clean Air Act (CAA)
March 17, 2017. EPA received section 110(l) demonstration that uses
that addresses emissions impacts
comments from three parties during the emissions credits from industrial
associated with the removal of the
public comment period. One comment facilities that have shut down or
program. EPA proposed to approve the
was fully supportive of this action. A permanently reduced emissions in
state’s submittal on February 15, 2017.
second comment received was Dayton and Cincinnati to offset
DATES: This final rule is effective on potential increases in emissions
completely outside of the scope of this
April 7, 2017. resulting from removing the state’s 7.8
action and therefore is not being
ADDRESSES: EPA has established a addressed as part of this final action. We psi RVP fuel requirements. Upon
docket for this action under Docket ID are responding to the remaining approval of this SIP revision, 3.51 tons
No. EPA–R05–OAR–2016–0781. All comments received. per year (tpy) of volatile organic
documents in the docket are listed in Comment: The commenter asks how compound (VOC) emissions credits
the http://www.regulations.gov Web the proposed standards compare to the from the Miami Valley Publishing
site. Although listed in the index, some standards of other states. The Company facility, 4.86 tpy of VOC from
information is not publicly available, commenter further asks whether there the National Oilwell Varco facility,
e.g., Confidential Business Information are other states who have undergone 40.50 tpy of oxides of nitrogen (NOX)
or other information whose disclosure is similar changes, and if so what was the from the MillerCoors LLC facility and
restricted by statute. Certain other long-term effect of such changes. 21.72 tpy of NOX from the Wright-
material, such as copyrighted material, Response: Information on areas where Patterson Air Force Base facility will be
is not placed on the Internet and will be EPA has approved requests to remove permanently retired. This action is
publicly available only in hard copy the requirement to use low RVP gasoline effective on April 7, 2017. EPA is
form. Publicly available docket from a state SIP, such as the states of approving Ohio’s removal of the 7.8 psi
materials are available either through Georgia and Illinois, can be found on RVP fuel requirement as a component of
http://www.regulations.gov, or please EPA’s Web site at the following the Ohio ozone SIP because EPA has
contact the person identified in the FOR location: (https://www.epa.gov/gasoline- found that that removal of the 7.8 psi
FURTHER INFORMATION CONTACT section standards/gasoline-reid-vapor- RVP fuel requirements would not
for additional availability information. pressure). It also contains a state-by- interfere with attainment or
FOR FURTHER INFORMATION CONTACT: state RVP table that lists and compares maintenance of any of the National
Francisco J. Acevedo, Mobile Source Ambient Air Quality Standards in the
nlaroche on DSK30NT082PROD with RULES
all current federally required volatility
Program Manager, Control Strategies programs, as well as all EPA-approved Cincinnati and Dayton areas and would
Section, Air Programs Branch (AR–18J), SIP fuel programs. not interfere with any other applicable
Environmental Protection Agency, Regarding the long-term effect of such requirement of the CAA, and thus, are
Region 5, 77 West Jackson Boulevard, changes, any SIP revision submitted to approvable under CAA section 110(l).
Chicago, Illinois 60604, (312) 886–6061, EPA for consideration needs to include EPA also finds that there is good cause
acevedo.francisco@epa.gov. a demonstration of non-interference for this action to become effective
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Document Created: 2017-04-06 23:49:45
Document Modified: 2017-04-06 23:49:45
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective May 8, 2017. | |
| Contact | Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Ms. Bell can be reached via electronic mail at [email protected] or via telephone at (404) 562-9088. | |
| FR Citation | 82 FR 16930 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Particulate Matter; Reporting and Recordkeeping Requirements and Volatile Organic Compounds |
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