82 FR 33012 - Air Plan Approval; Maine; Motor Vehicle Fuel Requirements
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 137 (July 19, 2017)
Federal Register Volume 82, Issue 137 (July 19, 2017)
| Page Range | 33012-33014 | |
| FR Document | 2017-15049 |
[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)] [Rules and Regulations] [Pages 33012-33014] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15049] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R01-OAR-2015-0648; A-1-FRL-9964-80-Region 1] Air Plan Approval; Maine; Motor Vehicle Fuel Requirements 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 State of Maine Department of Environmental Protection (Maine DEP) on August 28, 2015. This 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 approve of this amendment into the Maine SIP. This action is being taken under the Clean Air Act. DATES: This rule is effective on August 18, 2017. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2015-0648. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., CBI 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 at http://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA New England Regional Office, Office of Ecosystem Protection, Air Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if at all possible, you contact the contact listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding legal holidays. 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. Table of Contents I. Background and Purpose II. Final Action III. Incorporation by Reference IV. Statutory and Executive Order Reviews I. Background and Purpose On May 8, 2017 (82 FR 21346), EPA published a Notice of Proposed Rulemaking (NPR) for the State of Maine. The NPR proposed approval of Maine's revised Chapter 119, Motor [[Page 33013]] Vehicle Fuel Volatility Limits, that had been amended to require retailers to sell reformulated gasoline (RFG) in the counties of York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, and Lincoln effective June 1, 2015. The formal SIP revision was submitted by the Maine DEP on August 28, 2015. A detailed discussion of Maine's August 28, 2015 SIP revision and EPA's rationale for proposing approval of the SIP revision were provided in the NPR and will not be restated in this notice. No public comments were received on the NPR. II. Final Action EPA is approving Maine's August 28, 2015 SIP revision. Specifically, EPA is approving Maine's revised Chapter 119, Motor Vehicle Fuel Volatility Limits, and incorporating it into the Maine SIP. EPA is approving this SIP revision because it meets all applicable requirements of the Clean Air Act and relevant EPA guidance, and it will not interfere with attainment or maintenance of the ozone NAAQS. III. Incorporation by Reference In this rule, the EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the State of Maine's revised Chapter 119 described in the amendments to 40 CFR part 52 set forth below. The EPA has made, and will continue to make, these documents generally available through http://www.regulations.gov. IV. 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 action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the 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). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 18, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 28, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. Part 52 of chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart U--Maine 0 2. In Sec. 52.1020, the table in paragraph (c) is amended by revising the entry for ``Chapter 119'' to read as follows: Sec. 52.1020 Identification of plan. * * * * * (c) * * * [[Page 33014]] EPA-Approved Maine Regulations ---------------------------------------------------------------------------------------------------------------- EPA approval date State citation Title/subject State effective EPA approval date Explanations date and citation \1\ ---------------------------------------------------------------------------------------------------------------- * * * * * * * Chapter 119.................... Motor Vehicle Fuel 7/15/2015 7/19/2017 [Insert Requires the sale of Volatility Limit. Federal Register federal RFG year citation]. round and removes the 7.8 RVP requirement during the period of May 1 through September 15 in 7 southern counties. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. * * * * * [FR Doc. 2017-15049 Filed 7-18-17; 8:45 am] BILLING CODE 6560-50-P
![33012 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations
questioned whether it is good public List of Subjects in 26 CFR Part 300 (Maine DEP) on August 28, 2015. This
policy to charge a user fee when the Reporting and recordkeeping SIP revision includes a revised motor
public benefits from minimum requirements, User fees. vehicle fuel volatility regulation that has
competency standards for return been updated to be consistent with
preparers. The IRS has determined that Adoption of Amendments to the existing Federal regulations which
an exception to the full-cost Regulations require retailers to sell reformulated
requirement is not justified, because Accordingly, 26 CFR part 300 is gasoline (RFG) in the counties of York,
subsidizing the cost of the EA–SEE amended as follows: Cumberland, Sagadahoc, Androscoggin,
program requires diverting resources Kennebec, Knox, and Lincoln, as of June
from other activities that are in the PART 300—USER FEES 1, 2015. The intended effect of this
public interest and that inure to the action is to approve of this amendment
public generally, rather than to ■ Paragraph 1. The authority citation into the Maine SIP. This action is being
identifiable recipients requesting the for part 300 continues to read as taken under the Clean Air Act.
specific benefit of taking the EA–SEE. follows:
DATES: This rule is effective on August
Authority: 31 U.S.C. 9701. 18, 2017.
Special Analyses
■ Par. 2. Section 300.4 is amended by ADDRESSES: EPA has established a
Certain IRS regulations, including this revising paragraphs (b) and (d) to read docket for this action under Docket
one, are exempt from the requirements as follows: Identification No. EPA–R01–OAR–
of Executive Order 12866, as 2015–0648. All documents in the docket
supplemented and reaffirmed by § 300.4 Enrolled agent special enrollment
examination fee. are listed on the http://
Executive Order 13563. Therefore, a www.regulations.gov Web site. Although
regulatory assessment is not required. * * * * *
(b) Fee. The fee for taking the enrolled listed in the index, some information is
Pursuant to the Regulatory Flexibility not publicly available, i.e., CBI or other
Act (5 U.S.C. chapter 6), it is hereby agent special enrollment examination is
$81 per part, which is the cost to the information whose disclosure is
certified that this regulation will not restricted by statute. Certain other
have a significant economic impact on government for overseeing the
development and administration of the material, such as copyrighted material,
a substantial number of small entities. is not placed on the Internet and will be
The user fee primarily affects examination and does not include any
fees charged by the administrator of the publicly available only in hard copy
individuals who take the enrolled agent form. Publicly available docket
examination, many of whom may not be examination.
materials are available at http://
classified as small entities under the * * * * * www.regulations.gov or at the U.S.
Regulatory Flexibility Act. Therefore, a (d) Applicability date. This section
Environmental Protection Agency, EPA
substantial number of small entities is applies to registrations that occur on or
New England Regional Office, Office of
not likely to be affected. Further, the after March 1, 2018, for the enrolled
Ecosystem Protection, Air Quality
economic impact on any small entities agent special enrollment examination.
Planning Unit, 5 Post Office Square—
affected would be limited to paying the Section 300.4 (as contained in 26 CFR
Suite 100, Boston, MA. EPA requests
$70 difference in cost per part between part 300, revised April 2017) applies to
that if at all possible, you contact the
the $81 user fee and the previous $11 registrations that occur before March 1,
contact listed in the FOR FURTHER
user fee, which is unlikely to present a 2018.
INFORMATION CONTACT section to
significant economic impact. Moreover, Kirsten Wielobob, schedule your inspection. The Regional
the total economic impact of this Deputy Commissioner for Services and Office’s official hours of business are
regulation is approximately $1.57 Enforcement. Monday through Friday, 8:30 a.m. to
million, which is the product of the Approved: June 27, 2017. 4:30 p.m., excluding legal holidays.
approximately 22,425 parts of the EA–
Tom West, FOR FURTHER INFORMATION CONTACT: John
SEE administered annually and the $70
Tax Legislative Counsel. Rogan, Air Quality Planning Unit, U.S.
increase in the fee. Accordingly, the rule
[FR Doc. 2017–15210 Filed 7–18–17; 8:45 am] Environmental Protection Agency, New
is not expected to have a significant
England Regional Office, 5 Post Office
economic impact on a substantial BILLING CODE 4830–01–P
Square—Suite 100, (Mail Code OEP05–
number of small entities, and a
2), Boston, MA 02109–3912, telephone
regulatory flexibility analysis is not
ENVIRONMENTAL PROTECTION (617) 918–1645, facsimile (617) 918–
required.
AGENCY 0645, email rogan.john@epa.gov.
Drafting Information SUPPLEMENTARY INFORMATION:
The principal author of this regulation 40 CFR Part 52 Throughout this document whenever
is Jonathan R. Black of the Office of the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
[EPA–R01–OAR–2015–0648; A–1–FRL–
Associate Chief Counsel (Procedure and 9964–80–Region 1] EPA.
Administration). Table of Contents
Air Plan Approval; Maine; Motor
Statement of Availability of IRS Vehicle Fuel Requirements I. Background and Purpose
Documents II. Final Action
AGENCY: Environmental Protection III. Incorporation by Reference
Rev. Proc. 2014–42, Annual Filing Agency (EPA). IV. Statutory and Executive Order Reviews
mstockstill on DSK30JT082PROD with RULES
Season Program, is published in the ACTION: Final rule.
Internal Revenue Bulletin and is I. Background and Purpose
available from the Superintendent of SUMMARY: The Environmental Protection On May 8, 2017 (82 FR 21346), EPA
Documents, U.S. Government Agency (EPA) is approving a State published a Notice of Proposed
Publishing Office, Washington, DC Implementation Plan (SIP) revision Rulemaking (NPR) for the State of
20402, or by visiting the IRS Web site submitted by the State of Maine Maine. The NPR proposed approval of
at www.irs.gov. Department of Environmental Protection Maine’s revised Chapter 119, Motor
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![33014 Federal Register / Vol. 82, No. 137 / Wednesday, July 19, 2017 / Rules and Regulations
EPA-APPROVED MAINE REGULATIONS
State effective EPA approval date EPA ap-
State citation Title/subject Explanations
date proval date and citation 1
* * * * * * *
Chapter 119 ................... Motor Vehicle Fuel 7/15/2015 7/19/2017 [Insert Federal Requires the sale of federal RFG year round
Volatility Limit. Register citation]. and removes the 7.8 RVP requirement during
the period of May 1 through September 15 in
7 southern counties.
* * * * * * *
1 In
order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col-
umn for the particular provision.
* * * * * Do not submit electronically any 61382). Maine subsequently amended
[FR Doc. 2017–15049 Filed 7–18–17; 8:45 am] information you consider to be this rule. The current amended version
BILLING CODE 6560–50–P Confidential Business Information (CBI) of the rule became effective in the State
or other information whose disclosure is of Maine on December 15, 2007 and was
restricted by statute. Multimedia approved by EPA into the Maine SIP on
ENVIRONMENTAL PROTECTION submissions (audio, video, etc.) must be May 22, 2012 (77 FR 30216). Chapter
AGENCY accompanied by a written comment. 152 contains VOC content limits for the
The written comment is considered the manufacture and sale of various
40 CFR Part 52 official comment and should include consumer products in the state of
[EPA–R01–OAR–2017–0023; A–1–FRL– discussion of all points you wish to Maine. Chapter 152 also provides for
9965–10–Region 1] make. The EPA will generally not state and EPA approval of ACPs by
consider comments or comment allowing the responsible party the
Air Plan Approval; ME; Consumer contents located outside of the primary option of voluntarily applying for such
Products Alternative Control Plan submission (i.e. on the web, cloud, or agreements.
other file sharing system). For On March 30, 2012, the Maine DEP
AGENCY: Environmental Protection
additional submission methods, please received an ACP application from
Agency (EPA).
contact the person identified in the ‘‘FOR Reckitt Benckiser LLC (Reckitt) for
ACTION: Direct final rule. Reckitt’s Air Wick Air Freshener Single-
FURTHER INFORMATION CONTACT’’ section.
SUMMARY: The Environmental Protection For the full EPA public comment policy, Phase Aerosol Spray pursuant to
Agency (EPA) is approving a State information about CBI or multimedia Chapter 152. The Maine DEP approved
Implementation Plan (SIP) revision submissions, and general guidance on the Reckitt ACP effective April 23, 2013
submitted by the Maine Department of making effective comments, please visit and on the same day sent EPA the ACP
Environmental Protection (Maine DEP). http://www2.epa.gov/dockets/ for approval into the Maine SIP.
The SIP revision consists of an commenting-epa-dockets. II. Description and Evaluation of the
Alternative Control Plan (ACP) for the FOR FURTHER INFORMATION CONTACT: State’s Submittal
control of volatile organic compound David L. Mackintosh, Air Quality Reckitt manufactures Air Wick Air
(VOC) emissions from Reckitt Planning Unit, U.S. Environmental Freshener Single-Phase Aerosol Spray
Benckiser’s Air Wick Air Freshener Protection Agency, EPA New England (Product), which is offered for retail sale
Single Phase Aerosol Spray, issued Regional Office, 5 Post Office Square— and wholesale distribution in the State
pursuant to Maine’s consumer products Suite 100, (Mail Code OEP05–2), of Maine. The Product contains 4.6%
rule. This action is being taken in Boston, MA 02109–3912, tel. 617–918– VOCs by weight. The Chapter 152
accordance with the Clean Air Act. 1584, email Mackintosh.David@epa.gov. regulatory content limit for single-phase
DATES: This direct final rule will be SUPPLEMENTARY INFORMATION: aerosol air freshener is 30% VOCs by
effective September 18, 2017, unless Throughout this document whenever weight. Reckitt’s ACP generates VOC
EPA receives adverse comments by ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean credits, expressed in pounds of VOCs,
August 18, 2017. If adverse comments EPA. based on the difference between the
are received, EPA will publish a timely Product VOC content and regulatory
Table of Contents
withdrawal of the direct final rule in the VOC limit for each unit sold in the State
Federal Register informing the public I. Background and Purpose of Maine. Credits generated are subject
that the rule will not take effect. II. Description and Evaluation of the State’s to the conditions in the ACP Approval.
Submittal
ADDRESSES: Submit your comments, Reckitt shall monitor Maine sales of the
III. Final Action
identified by Docket ID No. EPA–R01– IV. Incorporation by Reference Product and each calendar quarter shall
OAR–2017–0023 at http:// V. Statutory and Executive Order Reviews provide to the Maine DEP accurate
www.regulations.gov, or via email to records and documentation as a basis
Mackintosh.David@epa.gov. For I. Background and Purpose for compliance reporting. Only sales in
mstockstill on DSK30JT082PROD with RULES
comments submitted at Regulations.gov, Maine’s Chapter 152, ‘‘Control of the State of Maine that are substantiated
follow the online instructions for Emissions of Volatile Organic by accurate documentation shall be
submitting comments. Once submitted, Compounds from Consumer Products’’ used in the calculation of VOC
comments cannot be edited or removed (Chapter 152) became effective in the emissions and emission reductions
from Regulations.gov. For either manner State of Maine on September 1, 2004 (surplus reductions). The resulting
of submission, the EPA may publish any and was approved by EPA into the surplus reduction credits shall be
comment received to its public docket. Maine SIP on October 24, 2005 (70 FR discounted by 5% prior to the issuance
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Document Created: 2017-07-19 06:17:20
Document Modified: 2017-07-19 06:17:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on August 18, 2017. | |
| 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] | |
| FR Citation | 82 FR 33012 | |
| CFR Associated | Environmental 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 |
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