82_FR_16998 82 FR 16932 - Air Plan Approval; Ohio; Removal of Gasoline Volatility Requirements in the Cincinnati and Dayton Areas; Update on the Boutique Fuel List for Illinois and Ohio

82 FR 16932 - Air Plan Approval; Ohio; Removal of Gasoline Volatility Requirements in the Cincinnati and Dayton Areas; Update on the Boutique Fuel List for Illinois and Ohio

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range16932-16934
FR Document2017-06889

The Environmental Protection Agency (EPA) is approving 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 emissions impacts associated with the removal of the program. EPA proposed to approve the state's submittal on February 15, 2017.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017)
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Rules and Regulations]
[Pages 16932-16934]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06889]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2016-0781; FRL-9960-96-Region 5]


Air Plan Approval; Ohio; Removal of Gasoline Volatility 
Requirements in the Cincinnati and Dayton Areas; Update on the Boutique 
Fuel List for Illinois and Ohio

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving 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 emissions impacts associated with the removal of the program. 
EPA proposed to approve the state's submittal on February 15, 2017.

DATES: This final rule is effective on April 7, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2016-0781. All documents in the docket are listed in 
the http://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either through 
http://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On February 15, 2017, at 82 FR 10727, EPA proposed to 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. The 7.8 psi RVP fuel requirements specifically apply to 
gasoline distributed in the Cincinnati and Dayton areas in Ohio.
    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.

II. What comments did we receive on the proposed SIP revision?

    Our February 15, 2017, proposed rule provided a 30-day review and 
comment period. The comment period closed on March 17, 2017. EPA 
received comments from three parties during the public comment period. 
One comment was fully supportive of this action. A second comment 
received was completely outside of the scope of this action and 
therefore is not being addressed as part of this final action. We are 
responding to the remaining comments received.
    Comment: The commenter asks how the proposed standards compare to 
the standards of other states. The commenter further asks whether there 
are other states who have undergone similar changes, and if so what was 
the long-term effect of such changes.
    Response: Information on areas where EPA has approved requests to 
remove the requirement to use low RVP gasoline from a state SIP, such 
as the states of Georgia and Illinois, can be found on EPA's Web site 
at the following location: (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). It also contains a state-by-state RVP 
table that lists and compares all current federally required volatility 
programs, as well as all EPA-approved SIP fuel programs.
    Regarding the long-term effect of such changes, any SIP revision 
submitted to EPA for consideration needs to include a demonstration of 
non-interference with the National Ambient Air Quality Standards 
(NAAQS) under section 110(l) of the CAA to ensure that impacts on the 
NAAQS are considered. Individual rulemakings on each action are 
published in the Federal Register and would contain specific emissions 
impacts for each of the situations.
    Comment: The commenter is seeking EPA's concurrence that the unused 
emission reduction credits outlined in our action and generated in the 
greater Cincinnati, Ohio area can be used to satisfy the emission 
reductions that must be shown to demonstrate noninterference as part of 
a future SIP revision removing Reformulated Gasoline requirements in 
northern Kentucky.
    Response: EPA is not taking a position on the use of credits in a 
future action since such issue is outside the scope of this action. Any 
subsequent use of emission reduction credits outlined in our action 
should be coordinated between Ohio and Kentucky when a request to 
adjust requirements is made.

III. What action is EPA taking?

    EPA is approving a SIP revision submitted by Ohio EPA on December 
19, 2016, removing the state's 7.8 psi RVP fuel requirement for 
gasoline distributed in the Cincinnati and Dayton areas. The SIP 
revision also includes a section 110(l) demonstration that uses 
emissions credits from industrial facilities that have shut down or 
permanently reduced emissions in Dayton and Cincinnati to offset 
potential increases in emissions resulting from removing the state's 
7.8 psi RVP fuel requirements. Upon approval of this SIP revision, 3.51 
tons per year (tpy) of volatile organic compound (VOC) emissions 
credits from the Miami Valley Publishing Company facility, 4.86 tpy of 
VOC from the National Oilwell Varco facility, 40.50 tpy of oxides of 
nitrogen (NOX) from the MillerCoors LLC facility and 21.72 
tpy of NOX from the Wright-Patterson Air Force Base facility 
will be permanently retired. This action is effective on April 7, 2017. 
EPA is approving Ohio's removal of the 7.8 psi RVP fuel requirement as 
a component of the Ohio ozone SIP because EPA has found that that 
removal of the 7.8 psi RVP fuel requirements would not interfere with 
attainment or maintenance of any of the National Ambient Air Quality 
Standards 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). EPA also finds that there is good 
cause for this action to become effective

[[Page 16933]]

immediately upon publication. The immediate effective date for this 
action is authorized under 5 U.S.C. 553(d)(3) which allows an effective 
date less than 30 days after publication ``as otherwise provided by the 
agency for good cause found and published with the rule.'' The purpose 
of the 30-day waiting period prescribed in 553(d) is to give affected 
parties a reasonable time to adjust their behavior and prepare before 
the final rule takes effect. RVP control requirements are summer 
control programs that are generally implemented during the summer ozone 
season beginning on June 1 at retail gasoline stations. In order to 
meet the June 1st requirement at retail gasoline stations, upstream 
fuel distributers need to be able to have compliant RVP fuel available 
starting on May 1st. Making this rule effective before the beginning of 
the summer ozone season, will allow the regulated industry to avoid 
having to address multiple RVP requirements during the 2017 ozone 
season. For this reason, EPA finds good cause under 5 U.S.C. 553(d)(3) 
for this action to become effective on the date of publication of this 
action.

IV. Impacts on the Boutique Fuels List 1
---------------------------------------------------------------------------

    \1\ On December 28, 2006 EPA published an FR notice establishing 
the Boutique Fuels List. (See 71 FR 78195.)
---------------------------------------------------------------------------

A. Removal of Gasoline Volatility Requirements in the Cincinnati and 
Dayton Ozone Areas

    As explained at proposal, EPA is required to remove a fuel type 
from the Boutique Fuels List if it ceases to be included in a SIP. (CAA 
section 211(c)(4)(C)(v)(III). Ohio's 7.8 psi RVP fuel program that is 
the subject of this final rule is one of the fuel types on the Boutique 
Fuels List. EPA has also approved the 7.8 psi RVP fuel type into 
several states SIPs. On the effective date of this rule, Ohio's 7.8 psi 
RVP fuel rule will be removed from the approved SIP and we will also 
remove the entry for Ohio's RVP rule from the boutique fuel list which 
is available at: https://www.epa.gov/gasoline-standards/state-fuels. 
However, the 7.8 psi RVP fuel type will remain on the boutique fuel 
list because it continues to be included in several other states SIPs. 
We will also update the Gasoline Reid Vapor Pressure Web page (https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure) on the 
effective date of this final rule to remove the counties in the 
Cincinnati and Dayton ozone areas from the list of areas where lower 
RVP gasoline is required.

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

    As previously explained, EPA is required to remove a fuel type from 
the Boutique Fuels List when it ceases to be included in a SIP. The 7.2 
psi RVP fuel type is included on the Boutique Fuels List. (See 71 FR 
78199). 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.
    Illinois was the only state with such a fuel type in its approved 
SIP. EPA intends to publish a separate notice to remove the 7.2 psi RVP 
fuel type from the list of boutique fuels.\2\ Removal of this fuel type 
from the list creates room that could allow for a new fuel type to be 
approved and added to the list. 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).
---------------------------------------------------------------------------

    \2\ 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.
---------------------------------------------------------------------------

V. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 
51.5, EPA is finalizing the incorporation by reference of the Ohio 
Regulations described in the proposed amendments to 40 CFR part 52 set 
forth below. Therefore, these materials have been approved by EPA for 
inclusion in the SIP, have been incorporated by reference by EPA into 
that plan, are fully federally enforceable under sections 110 and 113 
of the CAA as of the effective date of the final rulemaking of EPA's 
approval, and will be incorporated by reference by the Director of the 
Federal Register in the next update to the SIP compilation.\3\ EPA has 
made, and will continue to make, these materials generally available 
through www.regulations.gov and/or at the EPA Region 5 Office (please 
contact the person identified in the For Further Information Contact 
section of this preamble for more information).
---------------------------------------------------------------------------

    \3\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

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 Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement

[[Page 16934]]

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, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: March 23, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. In Sec.  52.1870 the table in paragraph (c) is amended under 
``Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements'' by 
revising the entry for 3745-72-01 ``Applicability'' to read as follows:


Sec.  52.1870  Identification of plan.

* * * * *
    (c) * * *

                                          EPA-Approved Ohio Regulations
----------------------------------------------------------------------------------------------------------------
                                                         Ohio
       Ohio citation             Title/subject         effective      EPA approval date            Notes
                                                         date
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                            Chapter 3745-72 Low Reid Vapor Pressure Fuel Requirements
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
3745-72-01.................  Applicability........        8/1/2016  4/7/2017, [Insert      Only (A) to (C).
                                                                     Federal Register
                                                                     citation].
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-06889 Filed 4-6-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             16932                 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                             [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


                                        VerDate Sep<11>2014   14:50 Apr 06, 2017   Jkt 241001   PO 00000   Frm 00042   Fmt 4700   Sfmt 4700   E:\FR\FM\07APR1.SGM   07APR1


                                                                   Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations                                         16933

                                             immediately upon publication. The                       B. Removal of Gasoline Volatility                     that complies with the provisions of the
                                             immediate effective date for this action                Standards Applicable in the Illinois                  CAA and applicable Federal regulations
                                             is authorized under 5 U.S.C. 553(d)(3)                  Portion the St. Louis, MO–IL Ozone Area               42 U.S.C. 7410(k); 40 CFR 52.02(a).
                                             which allows an effective date less than                   As previously explained, EPA is                    Thus, in reviewing SIP submissions,
                                             30 days after publication ‘‘as otherwise                required to remove a fuel type from the               EPA’s role is to approve state choices,
                                             provided by the agency for good cause                   Boutique Fuels List when it ceases to be              provided that they meet the criteria of
                                             found and published with the rule.’’                    included in a SIP. The 7.2 psi RVP fuel               the CAA. Accordingly, this action
                                             The purpose of the 30-day waiting                       type is included on the Boutique Fuels                merely approves state law as meeting
                                             period prescribed in 553(d) is to give                  List. (See 71 FR 78199). On October 6,                Federal requirements and does not
                                             affected parties a reasonable time to                   2014, EPA published a direct final rule               impose additional requirements beyond
                                             adjust their behavior and prepare before                to remove Illinois’ 7.2 psi low RVP                   those imposed by state law. For that
                                             the final rule takes effect. RVP control                regulation from the State’s SIP for its               reason, this action:
                                             requirements are summer control                         portion of the St. Louis, MO–IL ozone                    • Is not a ‘‘significant regulatory
                                             programs that are generally                             area. (See 79 FR 60065.) The removal                  action’’ subject to review by the Office
                                             implemented during the summer ozone                     became effective on December 5, 2014.                 of Management and Budget under
                                             season beginning on June 1 at retail                       Illinois was the only state with such              Executive Order 12866 (58 FR 51735,
                                             gasoline stations. In order to meet the                 a fuel type in its approved SIP. EPA                  October 4, 1993);
                                             June 1st requirement at retail gasoline                 intends to publish a separate notice to                  • does not impose an information
                                             stations, upstream fuel distributers need               remove the 7.2 psi RVP fuel type from                 collection burden under the provisions
                                             to be able to have compliant RVP fuel                   the list of boutique fuels.2 Removal of               of the Paperwork Reduction Act (44
                                             available starting on May 1st. Making                   this fuel type from the list creates room             U.S.C. 3501 et seq.);
                                                                                                                                                              • is certified as not having a
                                             this rule effective before the beginning                that could allow for a new fuel type to
                                                                                                                                                           significant economic impact on a
                                             of the summer ozone season, will allow                  be approved and added to the list.
                                                                                                                                                           substantial number of small entities
                                             the regulated industry to avoid having                  Approval of a new fuel type into a SIP
                                                                                                                                                           under the Regulatory Flexibility Act (5
                                             to address multiple RVP requirements                    would be subject to certain restrictions
                                                                                                                                                           U.S.C. 601 et seq.);
                                             during the 2017 ozone season. For this                  as described in the December 28, 2006,                   • does not contain any unfunded
                                             reason, EPA finds good cause under 5                    Federal Register notice that established              mandate or significantly or uniquely
                                             U.S.C. 553(d)(3) for this action to                     the list of boutique fuels. (See 71 FR                affect small governments, as described
                                             become effective on the date of                         78193).                                               in the Unfunded Mandates Reform Act
                                             publication of this action.                             V. Incorporation by Reference                         of 1995 (Pub. L. 104–4);
                                             IV. Impacts on the Boutique Fuels List 1                                                                         • does not have Federalism
                                                                                                       In this rule, EPA is finalizing
                                                                                                                                                           implications as specified in Executive
                                             A. Removal of Gasoline Volatility                       regulatory text that includes
                                                                                                                                                           Order 13132 (64 FR 43255, August 10,
                                             Requirements in the Cincinnati and                      incorporation by reference. In
                                                                                                                                                           1999);
                                             Dayton Ozone Areas                                      accordance with requirements of 1 CFR                    • is not an economically significant
                                                                                                     51.5, EPA is finalizing the incorporation             regulatory action based on health or
                                                As explained at proposal, EPA is                     by reference of the Ohio Regulations                  safety risks subject to Executive Order
                                             required to remove a fuel type from the                 described in the proposed amendments                  13045 (62 FR 19885, April 23, 1997);
                                             Boutique Fuels List if it ceases to be                  to 40 CFR part 52 set forth below.                       • is not a significant regulatory action
                                             included in a SIP. (CAA section                         Therefore, these materials have been                  subject to Executive Order 13211 (66 FR
                                             211(c)(4)(C)(v)(III). Ohio’s 7.8 psi RVP                approved by EPA for inclusion in the                  28355, May 22, 2001);
                                             fuel program that is the subject of this                SIP, have been incorporated by                           • is not subject to requirements of
                                             final rule is one of the fuel types on the              reference by EPA into that plan, are                  Section 12(d) of the National
                                             Boutique Fuels List. EPA has also                       fully federally enforceable under                     Technology Transfer and Advancement
                                             approved the 7.8 psi RVP fuel type into                 sections 110 and 113 of the CAA as of                 Act of 1995 (15 U.S.C. 272 note) because
                                             several states SIPs. On the effective date              the effective date of the final rulemaking            application of those requirements would
                                             of this rule, Ohio’s 7.8 psi RVP fuel rule              of EPA’s approval, and will be                        be inconsistent with the CAA; and
                                             will be removed from the approved SIP                   incorporated by reference by the                         • does not provide EPA with the
                                             and we will also remove the entry for                   Director of the Federal Register in the               discretionary authority to address, as
                                             Ohio’s RVP rule from the boutique fuel                  next update to the SIP compilation.3                  appropriate, disproportionate human
                                             list which is available at: https://                    EPA has made, and will continue to                    health or environmental effects, using
                                             www.epa.gov/gasoline-standards/state-                   make, these materials generally                       practicable and legally permissible
                                             fuels. However, the 7.8 psi RVP fuel                    available through www.regulations.gov                 methods, under Executive Order 12898
                                             type will remain on the boutique fuel                   and/or at the EPA Region 5 Office                     (59 FR 7629, February 16, 1994).
                                             list because it continues to be included                (please contact the person identified in                 In addition, the SIP is not approved
                                             in several other states SIPs. We will also              the FOR FURTHER INFORMATION CONTACT                   to apply on any Indian reservation land
                                             update the Gasoline Reid Vapor                          section of this preamble for more                     or in any other area where EPA or an
                                             Pressure Web page (https://                             information).                                         Indian tribe has demonstrated that a
                                             www.epa.gov/gasoline-standards/                         VI. Statutory and Executive Order                     tribe has jurisdiction. In those areas of
                                             gasoline-reid-vapor-pressure) on the                    Reviews                                               Indian country, the rule does not have
                                             effective date of this final rule to remove                                                                   tribal implications and will not impose
                                                                                                       Under the CAA, the Administrator is
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                                             the counties in the Cincinnati and                                                                            substantial direct costs on tribal
                                                                                                     required to approve a SIP submission                  governments or preempt tribal law as
                                             Dayton ozone areas from the list of areas
                                             where lower RVP gasoline is required.                     2 EPA has previously updated its State Fuels and
                                                                                                                                                           specified by Executive Order 13175 (65
                                                                                                     Gasoline Reid Vapor Pressure Web pages to reflect
                                                                                                                                                           FR 67249, November 9, 2000).
                                               1 On December 28, 2006 EPA published an FR            the removal of the 7.2 psi RVP requirement from          The Congressional Review Act, 5
                                             notice establishing the Boutique Fuels List. (See 71    the Illinois SIP.                                     U.S.C. 801 et seq., as added by the Small
                                             FR 78195.)                                                3 62 FR 27968 (May 22, 1997).                       Business Regulatory Enforcement


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                                             16934                    Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Rules and Regulations

                                             Fairness Act of 1996, generally provides                     for reconsideration by the Administrator                     PART 52—APPROVAL AND
                                             that before a rule may take effect, the                      of this final rule does not affect the                       PROMULGATION OF
                                             agency promulgating the rule must                            finality of this action for the purposes of                  IMPLEMENTATION PLANS
                                             submit a rule report, which includes a                       judicial review nor does it extend the
                                             copy of the rule, to each House of the                       time within which a petition for judicial                    ■ 1. The authority citation for part 52
                                             Congress and to the Comptroller General                      review may be filed, and shall not                           continues to read as follows:
                                             of the United States. EPA will submit a                      postpone the effectiveness of such rule
                                             report containing this action and other                      or action. This action may not be                                Authority: 42 U.S.C. 7401 et seq.
                                             required information to the U.S. Senate,                     challenged later in proceedings to
                                                                                                                                                                       ■ 2. In § 52.1870 the table in paragraph
                                             the U.S. House of Representatives, and                       enforce its requirements. (See section
                                                                                                          307(b)(2).)                                                  (c) is amended under ‘‘Chapter 3745–72
                                             the Comptroller General of the United                                                                                     Low Reid Vapor Pressure Fuel
                                             States prior to publication of the rule in                   List of Subjects in 40 CFR Part 52                           Requirements’’ by revising the entry for
                                             the Federal Register. A major rule
                                                                                                            Environmental protection, Air                              3745–72–01 ‘‘Applicability’’ to read as
                                             cannot take effect until 60 days after it
                                                                                                          pollution control, Incorporation by                          follows:
                                             is published in the Federal Register.
                                             This action is not a ‘‘major rule’’ as                       reference, Intergovernmental relations,
                                                                                                          Nitrogen oxides, Ozone, Volatile organic                     § 52.1870    Identification of plan.
                                             defined by 5 U.S.C. 804(2).
                                                                                                          compounds.                                                   *       *    *        *   *
                                                Under section 307(b)(1) of the CAA,
                                                                                                            Dated: March 23, 2017.                                         (c) * * *
                                             petitions for judicial review of this
                                             action must be filed in the United States                    Robert A. Kaplan,
                                             Court of Appeals for the appropriate                         Acting Regional Administrator, Region 5.
                                             circuit by June 6, 2017. Filing a petition                        40 CFR part 52 is amended as follows:

                                                                                                           EPA-APPROVED OHIO REGULATIONS
                                                                                                     Ohio
                                                 Ohio citation           Title/subject             effective                                  EPA approval date                                    Notes
                                                                                                     date


                                                         *                        *                            *                          *                       *                      *                     *

                                                                                              Chapter 3745–72           Low Reid Vapor Pressure Fuel Requirements


                                                     *                            *                         *                         *                   *                            *                       *
                                             3745–72–01 ......        Applicability .......           8/1/2016        4/7/2017, [Insert Federal Register citation] .............    Only (A) to (C).

                                                         *                        *                            *                          *                       *                      *                     *



                                             *       *       *       *      *                             requirements for the Indiana portion of                      ADDRESSES:   Submit your comments,
                                             [FR Doc. 2017–06889 Filed 4–6–17; 8:45 am]                   the Chicago-Naperville, Illinois-Indiana-                    identified by Docket ID No. EPA–R05–
                                             BILLING CODE 6560–50–P                                       Wisconsin (IL–IN–WI) ozone                                   OAR–2016–0370 (Emissions Statement)
                                                                                                          nonattainment area under the 2008                            or by Docket ID No. EPA–R05–OAR–
                                                                                                          ozone National Ambient Air Quality                           2016–0371 (Emissions Inventory) at
                                             ENVIRONMENTAL PROTECTION                                     Standard (NAAQS). The Clean Air Act                          http://www.regulations.gov or via email
                                             AGENCY                                                       (CAA) requires emissions inventories                         to aburano.douglas@epa.gov. For
                                                                                                          for all ozone nonattainment areas. The                       comments submitted at Regulations.gov,
                                             40 CFR Part 52
                                                                                                          documented emissions inventory                               follow the online instructions for
                                             [EPA–R05–OAR–2016–0370; EPA–R05–                             included in Indiana’s June 15, 2016,                         submitting comments. Once submitted,
                                             OAR–2016–0371; FRL–9960–90–Region 5]                         submission meets this CAA                                    comments cannot be edited or removed
                                                                                                          requirement. The second submission                           from Regulations.gov. For either manner
                                             Air Plan Approval; Indiana; Base Year                                                                                     of submission, EPA may publish any
                                                                                                          provides Indiana’s certification that its
                                             Emissions Inventory and Emissions                                                                                         comment received to its public docket.
                                             Statement Rule Certification for Lake                        existing Emissions Reporting Rule,
                                                                                                          previously approved by EPA under a                           Do not submit electronically any
                                             and Porter Counties for the 2008                                                                                          information you consider to be
                                             Ozone Standard                                               prior ozone standard, satisfies the CAA
                                                                                                          emissions statement rule requirement                         Confidential Business Information (CBI)
                                             AGENCY: Environmental Protection                             for Lake and Porter Counties under the                       or other information whose disclosure is
                                             Agency (EPA).                                                2008 ozone standard.                                         restricted by statute. Multimedia
                                             ACTION: Direct final rule.                                                                                                submissions (audio, video, etc.) must be
                                                                                                          DATES:  This direct final rule will be                       accompanied by a written comment.
                                             SUMMARY:  The Environmental Protection                       effective June 6, 2017, unless EPA                           The written comment is considered the
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                                             Agency (EPA) is approving two State                          receives adverse comments by May 8,                          official comment and should include
                                             Implementation Plan (SIP) submissions                        2017. If adverse comments are received                       discussion of all points you wish to
                                             from the Indiana Department of                               by EPA, EPA will publish a timely                            make. EPA will generally not consider
                                             Environmental Management (IDEM),                             withdrawal of the direct final rule in the                   comments or comment contents located
                                             both dated June 15, 2016. The first                          Federal Register informing the public                        outside of the primary submission (i.e.
                                             addresses emissions inventory                                that the rule will not take effect.                          on the web, cloud, or other file sharing


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Document Created: 2017-04-06 23:49:31
Document Modified: 2017-04-06 23:49:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on April 7, 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 16932 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Oxides; Ozone and Volatile Organic Compounds

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