82_FR_21433 82 FR 21346 - Air Plan Approval; ME; Motor Vehicle Fuel Requirements

82 FR 21346 - Air Plan Approval; ME; Motor Vehicle Fuel Requirements

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range21346-21347
FR Document2017-09181

The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Maine on August 28, 2015. The SIP revision includes a revised motor vehicle fuel volatility regulation that has been updated to be consistent with existing federal regulations which require retailers to sell reformulated gasoline (RFG) in the counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln, as of June 1, 2015. The intended effect of this action is to propose approval of this amendment into the Maine SIP. This action is being taken under the Clean Air Act.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)
[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Proposed Rules]
[Pages 21346-21347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09181]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2015-0648; FRL-9961-24-Region 1]


Air Plan Approval; ME; Motor Vehicle Fuel Requirements

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a State Implementation Plan (SIP) revision submitted by the 
State of Maine on August 28, 2015. The SIP revision includes a revised 
motor vehicle fuel volatility regulation that has been updated to be 
consistent with existing federal regulations which require retailers to 
sell reformulated gasoline (RFG) in the counties of York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln, as of June 1, 
2015. The intended effect of this action is to propose approval of this 
amendment into the Maine SIP. This action is being taken under the 
Clean Air Act.

DATES: Written comments must be received on or before June 7, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2015-0648 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the For Further Information Contact section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: John Rogan, Air Quality Planning Unit, 
U.S. Environmental Protection Agency, New England Regional Office, 5 
Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109-
3912, telephone (617) 918-1645, facsimile (617) 918-0645, email 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. Organization of this document. 
The following outline is provided to aid in locating information in 
this preamble.

I. Background and Purpose
II. Maine's Revisions to Its Chapter 119 Motor Vehicle Fuel 
Volatility Limits
III. EPA's Evaluation of Maine's SIP Revision
IV. Proposed Action
V. Incorporation by Reference
VI. Removal of Maine's Gasoline Volatility Requirements in Southern 
Maine--Impacts on the Boutique Fuels List
VII. Statutory and Executive Order Reviews

I. Background and Purpose

    On August 28, 2015, the Maine Department of Environmental 
Protection (DEP) submitted to the EPA a revision to its State 
Implementation Plan (SIP). The SIP revision consists of Maine's revised 
Chapter 119 Motor Vehicle Fuel Volatility Limits. Chapter 119 was 
revised to require retailers to sell reformulated gasoline (RFG) in the 
counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, 
and Lincoln (hereinafter, the ``Southern Maine Counties'') effective 
June 1, 2015. RFG is gasoline that is blended to burn more cleanly as 
compared to conventional gasoline. This regulation was revised to be 
consistent with existing federal regulations at 40 CFR part 80, subpart 
D.
    In April, 2013, the Maine Legislature enacted Public Law 2013 c.221 
calling for the use of RFG in the Southern Maine Counties beginning May 
1, 2014. On July 23, 2013, the Governor of Maine formally requested, 
pursuant to Clean Air Act (CAA) section 211(k)(6)(B), that the EPA 
extend the requirement for the sale of RFG to these counties beginning 
on May 1, 2014. The Maine legislature subsequently enacted an emergency 
law, Public Law 2013 c.452, effective March 6, 2014, to postpone the 
requirement for the sale of RFG in the Southern Maine Counties until 
June 1, 2015. Pursuant to that legislation, the Commissioner of the 
Maine DEP submitted a request to the EPA on March 10, 2014, modifying 
Maine's request for the implementation date for the sale of RFG in the 
Southern Maine Counties to coincide with the new June 1, 2015 effective 
date.
    Per Maine's request, the EPA extended the requirements of the RFG 
program to the Southern Maine Counties. The final rule, Regulation of 
Fuels and Fuel Additives: Extension of the Reformulated Gasoline 
Program to Maine's Southern Counties, was published in the Federal 
Register on February 6, 2015 (80 FR 6658).

II. Maine's Revisions to Its Chapter 119 Motor Vehicle Fuel Volatility 
Limits

    On August 28, 2015, the Maine DEP submitted to EPA a SIP revision 
containing Maine's revised Chapter 119 Motor Vehicle Fuel Volatility 
Limits rule adopted on May 21, 2015. The rule's prohibition on selling 
or dispensing motor vehicle fuel having a Reid Vapor Pressure (RVP) 
greater than 7.8 pounds per square inch (psi), in the Southern Maine 
Counties, during the period of May 1 through September 15 was revised 
to apply through September 15 of 2014, and a new provision, requiring 
retailers who sell gasoline in the Southern Maine Counties to only sell 
RFG in those counties year round, was added to the rule. The revisions 
to Chapter 119 maintain the 9.0 psi maximum RVP requirement in the 
reminder of the State during the period of May 1 through September 15 
each year.

III. EPA's Evaluation of Maine's SIP Revision

    EPA previously approved Maine's Chapter 119 into the Maine SIP on 
March 6, 2002 (67 FR 10100). EPA has reviewed Maine's revised Chapter 
119 Motor Vehicle Fuel Volatility Limits rule and has concluded that 
Maine's August 28, 2015 SIP revision is consistent with the anti-back 
sliding requirements of CAA section 110(l). The previous version of 
Chapter 119 currently in the Maine SIP states that in the Southern 
Maine Counties ``no owner or operator shall dispense, sell, or supply 
as fuel for motor vehicles a gasoline having a RVP greater than 7.8 psi 
during the period of May 1 through September 15 of each year.'' The 
revised rule instead requires RFG in the Southern Maine Counties year-
round beginning June 1, 2015, without the 7.8 psi RVP requirement, and 
maintains the 9.0 psi RVP requirement in the reminder of the State. 
Requiring a lower RVP for fuels means less evaporative emissions, and 
therefore removal of such a

[[Page 21347]]

requirement might be of concern. In this case, however, although the 
low RVP requirement for the Southern Maine Counties has been removed, 
it has been replaced with a requirement for the sale of RFG. The 
requirement for RFG, in practice, results in a similar RVP for the 
fuel. Specifically, an analysis of summer time RFG for 2011-2015 
indicates an annual average RVP between 7.01 and 7.13 psi, with a 
standard deviation of approximately 0.19 psi.\1\ Therefore, Maine's 
revised Chapter 119 meets the CAA section 110(l) anti-back sliding 
requirements and EPA is proposing to approve the revised regulation.
---------------------------------------------------------------------------

    \1\ See EPA memorandum, ``Volatility of Reformulated Gasoline'' 
(October 3, 2016), available in the docket for today's action.
---------------------------------------------------------------------------

IV. Proposed Action

    EPA is proposing to approve Maine's August 28, 2015 SIP revision. 
Specifically, EPA is proposing to approve, and incorporate into the 
Maine SIP, Maine's revised Chapter 119 Motor Vehicle Fuel Volatility 
Limits rule. EPA is proposing to approve this SIP because it meets all 
applicable requirements of the CAA and relevant EPA guidance, and it 
will not interfere with any applicable requirement concerning National 
Ambient Air Quality Standards (NAAQS) attainment and reasonable further 
progress or with any other applicable requirement in the Clean Air Act.

V. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the Maine regulation referenced in Section IV. of this 
preamble. The EPA has made, and will continue to make, these documents 
generally available electronically through http://www.regulations.gov 
and/or in hard copy at the appropriate EPA office.

VI. Removal of Maine's Gasoline Volatility Requirements in Southern 
Maine--Impacts on the Boutique Fuels List

    Section 1541(b) of the Energy Policy Act of 2005 required EPA in 
consultation with the U.S. Department of Energy to determine the number 
of fuels programs approved into all SIPs as of September 1, 2004 and to 
publish a list of such fuels. On December 28, 2006, EPA published the 
list of boutique fuels. (See 71 FR 78192.) EPA maintains the current 
list of boutique fuels on its Web site at: https://www.epa.gov/gasoline-standards/state-fuels. The final list of boutique fuels was 
based on a fuel type approach. CAA section 211(c)(4)(C)(v)(III) 
requires that EPA remove a fuel from the published list if it is either 
identical to a federal fuel or is removed from the SIP in which it is 
approved. Under the adopted fuel type approach, EPA interpreted this 
requirement to mean that a fuel would have to be removed from all SIPs 
in which it was approved in order for it to be removed from the list. 
(See 71 FR 78195)
    The 7.8 psi RVP fuel program, which is approved into Maine's SIP, 
is a fuel type that is included in EPA's boutique fuel list, 71 FR 
78198-99; (https://www.epa.gov/gasoline-standards/state-fuels) and the 
specific counties in Southern Maine where the 7.8 psi RVP gasoline was 
required are identified on EPA's Gasoline Reid Vapor Pressure Web page 
(https://www.epa.gov/gasoline-standards/gasoline-reid-vapor-pressure). 
If today's proposed approval of the removal of Maine's 7.8 psi RVP 
requirement from the State's SIP is subsequently granted final 
approval, EPA intends to update the State Fuels and Gasoline Reid Vapor 
Pressure Web pages on the effective date of the removal. While EPA 
intends to delete the entry for Maine from the list of boutique fuels, 
this would not result in an opening on the boutique fuels list because 
the 7.8 psi RVP fuel type remains in other state SIPs.

VII. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act 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 Clean Air Act. 
Accordingly, this proposed 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 proposed action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; 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).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 21, 2017.
Deborah A. Szaro,
Acting Regional Administrator, EPA New England.
[FR Doc. 2017-09181 Filed 5-5-17; 8:45 am]
 BILLING CODE 6560-50-P



                                                 21346                     Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules

                                                   Dated: March 23, 2017.                                contact the person identified in the FOR              Commissioner of the Maine DEP
                                                 Catherine R. McCabe,                                    FURTHER INFORMATION CONTACT          section.         submitted a request to the EPA on
                                                 Acting Regional Administrator, Region 2.                For the full EPA public comment policy,               March 10, 2014, modifying Maine’s
                                                 [FR Doc. 2017–09175 Filed 5–5–17; 8:45 am]              information about CBI or multimedia                   request for the implementation date for
                                                 BILLING CODE 6560–50–P                                  submissions, and general guidance on                  the sale of RFG in the Southern Maine
                                                                                                         making effective comments, please visit               Counties to coincide with the new June
                                                                                                         http://www2.epa.gov/dockets/                          1, 2015 effective date.
                                                 ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                                  Per Maine’s request, the EPA
                                                 AGENCY                                                  FOR FURTHER INFORMATION CONTACT: John                 extended the requirements of the RFG
                                                                                                         Rogan, Air Quality Planning Unit, U.S.                program to the Southern Maine
                                                 40 CFR Part 52                                          Environmental Protection Agency, New                  Counties. The final rule, Regulation of
                                                 [EPA–R01–OAR–2015–0648; FRL–9961–24–                    England Regional Office, 5 Post Office                Fuels and Fuel Additives: Extension of
                                                 Region 1]                                               Square—Suite 100, (Mail code OEP05–                   the Reformulated Gasoline Program to
                                                                                                         2), Boston, MA 02109–3912, telephone                  Maine’s Southern Counties, was
                                                 Air Plan Approval; ME; Motor Vehicle                    (617) 918–1645, facsimile (617) 918–                  published in the Federal Register on
                                                 Fuel Requirements                                       0645, email rogan.john@epa.gov.                       February 6, 2015 (80 FR 6658).
                                                 AGENCY:  Environmental Protection                       SUPPLEMENTARY INFORMATION:                            II. Maine’s Revisions to Its Chapter 119
                                                 Agency.                                                 Throughout this document whenever                     Motor Vehicle Fuel Volatility Limits
                                                                                                         ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                 ACTION: Proposed rule.                                                                                           On August 28, 2015, the Maine DEP
                                                                                                         EPA. Organization of this document.
                                                                                                                                                               submitted to EPA a SIP revision
                                                 SUMMARY:    The Environmental Protection                The following outline is provided to aid
                                                                                                                                                               containing Maine’s revised Chapter 119
                                                 Agency (EPA) is proposing to approve a                  in locating information in this preamble.
                                                                                                                                                               Motor Vehicle Fuel Volatility Limits
                                                 State Implementation Plan (SIP)                         I. Background and Purpose                             rule adopted on May 21, 2015. The
                                                 revision submitted by the State of Maine                II. Maine’s Revisions to Its Chapter 119 Motor        rule’s prohibition on selling or
                                                 on August 28, 2015. The SIP revision                          Vehicle Fuel Volatility Limits
                                                                                                                                                               dispensing motor vehicle fuel having a
                                                 includes a revised motor vehicle fuel                   III. EPA’s Evaluation of Maine’s SIP Revision
                                                                                                         IV. Proposed Action                                   Reid Vapor Pressure (RVP) greater than
                                                 volatility regulation that has been                                                                           7.8 pounds per square inch (psi), in the
                                                 updated to be consistent with existing                  V. Incorporation by Reference
                                                                                                         VI. Removal of Maine’s Gasoline Volatility            Southern Maine Counties, during the
                                                 federal regulations which require                             Requirements in Southern Maine—                 period of May 1 through September 15
                                                 retailers to sell reformulated gasoline                       Impacts on the Boutique Fuels List              was revised to apply through September
                                                 (RFG) in the counties of York,                          VII. Statutory and Executive Order Reviews            15 of 2014, and a new provision,
                                                 Cumberland, Sagadahoc, Androscoggin,                                                                          requiring retailers who sell gasoline in
                                                 Kennebec, Knox, and Lincoln, as of June                 I. Background and Purpose                             the Southern Maine Counties to only
                                                 1, 2015. The intended effect of this                       On August 28, 2015, the Maine                      sell RFG in those counties year round,
                                                 action is to propose approval of this                   Department of Environmental Protection                was added to the rule. The revisions to
                                                 amendment into the Maine SIP. This                      (DEP) submitted to the EPA a revision                 Chapter 119 maintain the 9.0 psi
                                                 action is being taken under the Clean                   to its State Implementation Plan (SIP).               maximum RVP requirement in the
                                                 Air Act.                                                The SIP revision consists of Maine’s                  reminder of the State during the period
                                                 DATES: Written comments must be                         revised Chapter 119 Motor Vehicle Fuel                of May 1 through September 15 each
                                                 received on or before June 7, 2017.                     Volatility Limits. Chapter 119 was                    year.
                                                 ADDRESSES: Submit your comments,                        revised to require retailers to sell
                                                 identified by Docket ID No. EPA–R01–                                                                          III. EPA’s Evaluation of Maine’s SIP
                                                                                                         reformulated gasoline (RFG) in the
                                                 OAR–2015–0648 at http://                                                                                      Revision
                                                                                                         counties of York, Cumberland,
                                                 www.regulations.gov, or via email to                    Sagadahoc, Androscoggin, Kennebec,                       EPA previously approved Maine’s
                                                 rogan.john@epa.gov. For comments                        Knox, and Lincoln (hereinafter, the                   Chapter 119 into the Maine SIP on
                                                 submitted at Regulations.gov, follow the                ‘‘Southern Maine Counties’’) effective                March 6, 2002 (67 FR 10100). EPA has
                                                 online instructions for submitting                      June 1, 2015. RFG is gasoline that is                 reviewed Maine’s revised Chapter 119
                                                 comments. Once submitted, comments                      blended to burn more cleanly as                       Motor Vehicle Fuel Volatility Limits
                                                 cannot be edited or removed from                        compared to conventional gasoline. This               rule and has concluded that Maine’s
                                                 Regulations.gov. For either manner of                   regulation was revised to be consistent               August 28, 2015 SIP revision is
                                                 submission, the EPA may publish any                     with existing federal regulations at 40               consistent with the anti-back sliding
                                                 comment received to its public docket.                  CFR part 80, subpart D.                               requirements of CAA section 110(l). The
                                                 Do not submit electronically any                           In April, 2013, the Maine Legislature              previous version of Chapter 119
                                                 information you consider to be                          enacted Public Law 2013 c.221 calling                 currently in the Maine SIP states that in
                                                 Confidential Business Information (CBI)                 for the use of RFG in the Southern                    the Southern Maine Counties ‘‘no owner
                                                 or other information whose disclosure is                Maine Counties beginning May 1, 2014.                 or operator shall dispense, sell, or
                                                 restricted by statute. Multimedia                       On July 23, 2013, the Governor of Maine               supply as fuel for motor vehicles a
                                                 submissions (audio, video, etc.) must be                formally requested, pursuant to Clean                 gasoline having a RVP greater than 7.8
                                                 accompanied by a written comment.                       Air Act (CAA) section 211(k)(6)(B), that              psi during the period of May 1 through
                                                 The written comment is considered the                                                                         September 15 of each year.’’ The revised
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                                                                         the EPA extend the requirement for the
                                                 official comment and should include                     sale of RFG to these counties beginning               rule instead requires RFG in the
                                                 discussion of all points you wish to                    on May 1, 2014. The Maine legislature                 Southern Maine Counties year-round
                                                 make. The EPA will generally not                        subsequently enacted an emergency                     beginning June 1, 2015, without the 7.8
                                                 consider comments or comment                            law, Public Law 2013 c.452, effective                 psi RVP requirement, and maintains the
                                                 contents located outside of the primary                 March 6, 2014, to postpone the                        9.0 psi RVP requirement in the reminder
                                                 submission (i.e. on the web, cloud, or                  requirement for the sale of RFG in the                of the State. Requiring a lower RVP for
                                                 other file sharing system). For                         Southern Maine Counties until June 1,                 fuels means less evaporative emissions,
                                                 additional submission methods, please                   2015. Pursuant to that legislation, the               and therefore removal of such a


                                            VerDate Sep<11>2014   14:42 May 05, 2017   Jkt 241001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\08MYP1.SGM   08MYP1


                                                                            Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Proposed Rules                                                  21347

                                                 requirement might be of concern. In this                gasoline-standards/state-fuels. The final             under the Regulatory Flexibility Act (5
                                                 case, however, although the low RVP                     list of boutique fuels was based on a fuel            U.S.C. 601 et seq.);
                                                 requirement for the Southern Maine                      type approach. CAA section                               • Does not contain any unfunded
                                                 Counties has been removed, it has been                  211(c)(4)(C)(v)(III) requires that EPA                mandate or significantly or uniquely
                                                 replaced with a requirement for the sale                remove a fuel from the published list if
                                                                                                                                                               affect small governments, as described
                                                 of RFG. The requirement for RFG, in                     it is either identical to a federal fuel or
                                                                                                                                                               in the Unfunded Mandates Reform Act
                                                 practice, results in a similar RVP for the              is removed from the SIP in which it is
                                                                                                         approved. Under the adopted fuel type                 of 1995 (Pub. L. 104–4);
                                                 fuel. Specifically, an analysis of summer
                                                 time RFG for 2011–2015 indicates an                     approach, EPA interpreted this                           • Does not have Federalism
                                                 annual average RVP between 7.01 and                     requirement to mean that a fuel would                 implications as specified in Executive
                                                 7.13 psi, with a standard deviation of                  have to be removed from all SIPs in                   Order 13132 (64 FR 43255, August 10,
                                                 approximately 0.19 psi.1 Therefore,                     which it was approved in order for it to              1999);
                                                 Maine’s revised Chapter 119 meets the                   be removed from the list. (See 71 FR                     • Is not an economically significant
                                                 CAA section 110(l) anti-back sliding                    78195)                                                regulatory action based on health or
                                                 requirements and EPA is proposing to                       The 7.8 psi RVP fuel program, which
                                                                                                         is approved into Maine’s SIP, is a fuel               safety risks subject to Executive Order
                                                 approve the revised regulation.                                                                               13045 (62 FR 19885, April 23, 1997);
                                                                                                         type that is included in EPA’s boutique
                                                 IV. Proposed Action                                     fuel list, 71 FR 78198–99; (https://                     • Is not a significant regulatory action
                                                    EPA is proposing to approve Maine’s                  www.epa.gov/gasoline-standards/state-                 subject to Executive Order 13211 (66 FR
                                                 August 28, 2015 SIP revision.                           fuels) and the specific counties in                   28355, May 22, 2001);
                                                 Specifically, EPA is proposing to                       Southern Maine where the 7.8 psi RVP                     • Is not subject to requirements of
                                                 approve, and incorporate into the Maine                 gasoline was required are identified on               section 12(d) of the National
                                                 SIP, Maine’s revised Chapter 119 Motor                  EPA’s Gasoline Reid Vapor Pressure
                                                                                                                                                               Technology Transfer and Advancement
                                                 Vehicle Fuel Volatility Limits rule. EPA                Web page (https://www.epa.gov/
                                                                                                                                                               Act of 1995 (15 U.S.C. 272 note) because
                                                 is proposing to approve this SIP because                gasoline-standards/gasoline-reid-vapor-
                                                                                                         pressure). If today’s proposed approval               application of those requirements would
                                                 it meets all applicable requirements of                                                                       be inconsistent with the Clean Air Act;
                                                 the CAA and relevant EPA guidance,                      of the removal of Maine’s 7.8 psi RVP
                                                                                                         requirement from the State’s SIP is                   and
                                                 and it will not interfere with any
                                                 applicable requirement concerning                       subsequently granted final approval,                     • Does not provide EPA with the
                                                 National Ambient Air Quality Standards                  EPA intends to update the State Fuels                 discretionary authority to address, as
                                                 (NAAQS) attainment and reasonable                       and Gasoline Reid Vapor Pressure Web                  appropriate, disproportionate human
                                                 further progress or with any other                      pages on the effective date of the                    health or environmental effects, using
                                                 applicable requirement in the Clean Air                 removal. While EPA intends to delete                  practicable and legally permissible
                                                 Act.                                                    the entry for Maine from the list of                  methods, under Executive Order 12898
                                                                                                         boutique fuels, this would not result in              (59 FR 7629, February 16, 1994).
                                                 V. Incorporation by Reference                           an opening on the boutique fuels list
                                                                                                         because the 7.8 psi RVP fuel type                     In addition, the SIP is not approved to
                                                   In this rule, the EPA is proposing to
                                                                                                         remains in other state SIPs.                          apply on any Indian reservation land or
                                                 include in a final EPA rule regulatory
                                                                                                                                                               in any other area where EPA or an
                                                 text that includes incorporation by                     VII. Statutory and Executive Order
                                                 reference. In accordance with                                                                                 Indian tribe has demonstrated that a
                                                                                                         Reviews                                               tribe has jurisdiction. In those areas of
                                                 requirements of 1 CFR 51.5, the EPA is
                                                 proposing to incorporate by reference                     Under the Clean Air Act, the                        Indian country, the rule does not have
                                                 the Maine regulation referenced in                      Administrator is required to approve a                tribal implications and will not impose
                                                 Section IV. of this preamble. The EPA                   SIP submission that complies with the                 substantial direct costs on tribal
                                                 has made, and will continue to make,                    provisions of the Act and applicable                  governments or preempt tribal law as
                                                 these documents generally available                     Federal regulations. 42 U.S.C. 7410(k);               specified by Executive Order 13175 (65
                                                 electronically through http://                          40 CFR 52.02(a). Thus, in reviewing SIP               FR 67249, November 9, 2000).
                                                 www.regulations.gov and/or in hard                      submissions, EPA’s role is to approve
                                                                                                         state choices, provided that they meet                List of Subjects in 40 CFR Part 52
                                                 copy at the appropriate EPA office.
                                                                                                         the criteria of the Clean Air Act.
                                                 VI. Removal of Maine’s Gasoline                                                                                 Environmental protection, Air
                                                                                                         Accordingly, this proposed action
                                                 Volatility Requirements in Southern                     merely approves state law as meeting                  pollution control, Carbon monoxide,
                                                 Maine—Impacts on the Boutique Fuels                     Federal requirements and does not                     Incorporation by reference,
                                                 List                                                    impose additional requirements beyond                 Intergovernmental relations, Lead,
                                                                                                         those imposed by state law. For that                  Nitrogen dioxide, Ozone, Particulate
                                                    Section 1541(b) of the Energy Policy                                                                       matter, Reporting and recordkeeping
                                                 Act of 2005 required EPA in                             reason, this proposed action:
                                                 consultation with the U.S. Department                     • Is not a significant regulatory action            requirements, Sulfur oxides, Volatile
                                                                                                         subject to review by the Office of                    organic compounds.
                                                 of Energy to determine the number of
                                                 fuels programs approved into all SIPs as                Management and Budget under                             Dated: March 21, 2017.
                                                 of September 1, 2004 and to publish a                   Executive Orders 12866 (58 FR 51735,                  Deborah A. Szaro,
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                 list of such fuels. On December 28,                     October 4, 1993) and 13563 (76 FR 3821,
                                                                                                         January 21, 2011);                                    Acting Regional Administrator, EPA New
                                                 2006, EPA published the list of boutique                                                                      England.
                                                 fuels. (See 71 FR 78192.) EPA maintains                   • Does not impose an information
                                                                                                         collection burden under the provisions                [FR Doc. 2017–09181 Filed 5–5–17; 8:45 am]
                                                 the current list of boutique fuels on its
                                                 Web site at: https://www.epa.gov/                       of the Paperwork Reduction Act (44                    BILLING CODE 6560–50–P
                                                                                                         U.S.C. 3501 et seq.);
                                                   1 See EPA memorandum, ‘‘Volatility of                   • Is certified as not having a
                                                 Reformulated Gasoline’’ (October 3, 2016), available    significant economic impact on a
                                                 in the docket for today’s action.                       substantial number of small entities


                                            VerDate Sep<11>2014   14:42 May 05, 2017   Jkt 241001   PO 00000   Frm 00020   Fmt 4702   Sfmt 9990   E:\FR\FM\08MYP1.SGM   08MYP1



Document Created: 2017-05-06 02:22:06
Document Modified: 2017-05-06 02:22:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWritten comments must be received on or before June 7, 2017.
ContactJohn Rogan, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2), Boston, MA 02109- 3912, telephone (617) 918-1645, facsimile (617) 918-0645, email [email protected]
FR Citation82 FR 21346 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR