82_FR_61132 82 FR 60886 - Approval of Louisiana's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Several Parishes

82 FR 60886 - Approval of Louisiana's Request To Relax the Federal Reid Vapor Pressure (RVP) Gasoline Volatility Standard for Several Parishes

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 246 (December 26, 2017)

Page Range60886-60890
FR Document2017-27628

The Environmental Protection Agency (EPA) is taking final action to approve an April 10, 2017 request from the Louisiana Department of Environmental Quality (LDEQ) to relax the Federal Reid Vapor Pressure (RVP) standard applicable to gasoline introduced into commerce from June 1 to September 15 of each year for the following parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary. Specifically, EPA is approving amendments to the regulations to allow the gasoline RVP standard for these 11 parishes to rise from 7.8 pounds per square inch (psi) to 9.0 psi. EPA has determined that this change to the Federal gasoline RVP volatility regulation is consistent with the applicable provisions of the Clean Air Act (CAA). LDEQ has also requested that EPA relax gasoline volatility requirements for the 5-parish Baton Rouge area, and EPA will address that request in a separate rulemaking in the future.

Federal Register, Volume 82 Issue 246 (Tuesday, December 26, 2017)
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Rules and Regulations]
[Pages 60886-60890]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27628]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2016-0683; FRL-9971-92-OAR]
RIN 2060-AT61


Approval of Louisiana's Request To Relax the Federal Reid Vapor 
Pressure (RVP) Gasoline Volatility Standard for Several Parishes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve an April 10, 2017 request from the Louisiana 
Department of Environmental Quality (LDEQ) to relax the Federal Reid 
Vapor Pressure (RVP) standard applicable to gasoline introduced into 
commerce from June 1 to September 15 of each year for the following 
parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary. Specifically, EPA is approving amendments to the regulations to 
allow the gasoline RVP standard for these 11 parishes to rise from 7.8 
pounds per square inch (psi) to 9.0 psi. EPA has determined that this 
change to the Federal gasoline RVP volatility regulation is consistent 
with the applicable provisions of the Clean Air Act (CAA). LDEQ has 
also requested that EPA relax gasoline volatility requirements for the 
5-parish Baton Rouge area, and EPA will address that request in a 
separate rulemaking in the future.

DATES: This final rule is effective on January 25, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2016-0683. All documents in the docket are listed on the 
https://www.regulations.gov/ website. Although listed in the index, 
some information may not be publicly available, e.g., Confidential 
Business Information (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 electronically through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Dave Sosnowski, Office of 
Transportation and Air Quality, Environmental Protection Agency, 2000 
Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: (734) 
214-4823; fax number: (734) 214-4052; email address: 
[email protected]. You may also contact Rudolph Kapichak at the 
same address; telephone number: (734) 214-4574; fax number: (734) 214-
4052; email address: [email protected].

SUPPLEMENTARY INFORMATION: The contents of this preamble are listed in 
the following outline:

I. General Information
II. Action Being Taken
III. History of the Gasoline Volatility Requirement
IV. EPA's Policy Regarding Relaxation of Gasoline Volatility 
Standards in Ozone Nonattainment Areas That Are Redesignated as 
Attainment Areas
V. Louisiana's Request to Relax the Federal Gasoline RVP Requirement 
for Several Parishes
VI. Response to Comments
VII. Final Action
VIII. Statutory and Executive Order Reviews
IX. Legal Authority and Statutory Provisions

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and 
distributors who do business in Louisiana.

------------------------------------------------------------------------
      Examples of potentially regulated entities        NAICS \1\ Codes
------------------------------------------------------------------------
Petroleum refineries.................................     324110, 424710
Gasoline Marketers and Distributors..................             424720
Gasoline Retail Stations.............................             447110
Gasoline Transporters................................     484220, 484230
------------------------------------------------------------------------
\1\ North American Industry Classification System.

    The above table is not intended to be exhaustive, but rather 
provides a guide for readers regarding entities likely to be affected 
by this action. The table lists the types of entities of which EPA is 
aware that could be affected by this rule. Other types of entities not 
listed on the table could also be affected. To determine whether your 
organization may be affected by this rule, you should carefully examine 
the regulations in 40 CFR 80.27. If you have questions

[[Page 60887]]

regarding the applicability of this action to a particular entity, call 
the person listed in the FOR FURTHER INFORMATION CONTACT section of 
this preamble.

B. What is EPA's authority for taking this action?

    The statutory authority for this action is granted to EPA by 
sections 211(h) and 301(a) of the CAA, as amended; 42 U.S.C. 7545(h) 
and 7601(a).

II. Action Being Taken

    This final rule approves a request from the state of Louisiana to 
change the federal RVP standard for the parishes of Beauregard, 
Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. 
Bernard, St. Charles, St. James, and St. Mary from 7.8 psi to 9.0 psi 
by amending EPA's regulations at 40 CFR 80.27(a)(2). EPA is not 
addressing in this final rule LDEQ's request that EPA also relax the 
federal RVP standard for the 5-parish Baton Rouge area. EPA will 
address that request in a separate rulemaking in the future.
    The preamble for this rulemaking is organized as follows: Section 
III, provides the history of the federal gasoline volatility 
regulation; Section IV, describes the policy regarding relaxation of 
volatility standards in ozone nonattainment areas that are redesignated 
as attainment areas; Section V, provides information specific to 
Louisiana's request for the 11 parishes addressed by this action; 
Section VI, provides a response to the comments EPA received; and 
Section VII, presents the final action in response to Louisiana's 
request.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), EPA determined that gasoline 
nationwide was becoming increasingly volatile, causing an increase in 
evaporative emissions from gasoline-powered vehicles and equipment. 
Evaporative emissions from gasoline, referred to as volatile organic 
compounds (VOCs), are precursors to the formation of tropospheric ozone 
and contribute to the nation's ground-level ozone problem. Exposure to 
ground-level ozone can reduce lung function, thereby aggravating asthma 
and other respiratory conditions, increase susceptibility to 
respiratory infection, and may contribute to premature death in people 
with heart and lung disease.
    The most common measure of fuel volatility that is useful in 
evaluating gasoline evaporative emissions is RVP. Under CAA section 
211(c), EPA promulgated regulations on March 22, 1989 (54 FR 11868) 
that set maximum limits for the RVP of gasoline sold during the 
regulatory control periods that were established on a state-by-state 
basis in the final rule. The regulatory control periods addressed the 
portion of the year when peak ozone concentrations were expected. These 
regulations constituted Phase I of a two-phase nationwide program, 
which was designed to reduce the volatility of gasoline during the high 
ozone season. On June 11, 1990 (55 FR 23658), EPA promulgated more 
stringent volatility controls as Phase II of the volatility control 
program. These requirements established maximum gasoline RVP standards 
of 9.0 psi or 7.8 psi (depending on the state, the month, and the 
area's initial ozone attainment designation with respect to the 1-hour 
ozone NAAQS).
    The 1990 CAA Amendments established a new section 211(h) to address 
fuel volatility. CAA section 211(h) requires EPA to promulgate 
regulations making it unlawful to sell, offer for sale, dispense, 
supply, offer for supply, transport, or introduce into commerce 
gasoline with an RVP level in excess of 9.0 psi during the high ozone 
season. CAA section 211(h) also prohibits EPA from establishing a 
volatility standard more stringent than 9.0 psi in an attainment area, 
except that EPA may impose a lower (more stringent) standard in any 
former ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), EPA modified the Phase II 
volatility regulations to be consistent with CAA section 211(h). The 
modified regulations prohibited the sale of gasoline with an RVP above 
9.0 psi in all areas designated attainment for ozone, effective January 
13, 1992. For areas designated as nonattainment, the regulations 
retained the original Phase II standards published on June 11, 1990 (55 
FR 23658), which included the 7.8 psi ozone season limitation for 
certain areas. As stated in the preamble to the Phase II volatility 
controls and reiterated in the proposed change to the volatility 
standards published in 1991, EPA will rely on states to initiate 
changes to their respective volatility programs. EPA's policy for 
approving such changes is described below in Section IV. of this 
preamble.
    The state of Louisiana initiated the change being finalized in this 
action by requesting that EPA relax the 7.8 psi RVP standard to 9.0 psi 
for the parishes of Beauregard, Calcasieu, Jefferson, Lafayette, 
Lafourche, Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, 
and St. Mary. See Section V. of this preamble for information specific 
to Louisiana's request.

IV. EPA's Policy Regarding Relaxation of Gasoline Volatility Standards 
in Ozone Nonattainment Areas That Are Redesignated as Attainment Areas

    As stated in the preamble for EPA's amended Phase II volatility 
standards (See 56 FR 64706, December 12, 1991), any change in the 
gasoline volatility standard for a nonattainment area that was 
subsequently redesignated as an attainment area must be accomplished 
through a separate rulemaking that revises the applicable standard for 
that area. Thus, for former 1-hour ozone nonattainment areas where EPA 
mandated a Phase II summertime volatility standard of 7.8 psi RVP in 
the December 12, 1991 rulemaking, the federal 7.8 psi gasoline RVP 
requirement remains in effect, even after such an area is redesignated 
to attainment, until a separate rulemaking is completed that relaxes 
the federal RVP standard in that area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991 rulemaking, EPA believes that 
relaxation of an applicable gasoline RVP standard is best accomplished 
in conjunction with the redesignation process. In order for an ozone 
nonattainment area to be redesignated as an attainment area, CAA 
section 107(d)(3) requires the state to make a showing, pursuant to CAA 
section 175A, that the area is capable of maintaining attainment for 
the ozone NAAQS for ten years. Depending on the area's circumstances, 
this maintenance plan will either demonstrate that the area is capable 
of maintaining attainment for ten years without the more stringent 
volatility standard or that the more stringent volatility standard may 
be necessary for the area to maintain its attainment with the ozone 
NAAQS. Therefore, in the context of a request for redesignation, EPA 
will not relax the gasoline volatility standard unless the state 
requests a relaxation and the maintenance plan demonstrates to the 
satisfaction of EPA that the area will maintain attainment for ten 
years without the need for the more stringent volatility standard.
    As explained in the proposal to this final rule, some former 1-hour 
ozone nonattainment areas that remain subject to the federal summertime 
RVP limit of 7.8 psi have been designated as attainment areas for both 
the 1997 and 2008 ozone NAAQS and based on the latest available air 
quality data are also attaining the more stringent 2015 ozone NAAQS. 
These states submitted, and EPA approved, CAA section 110(a)(1)

[[Page 60888]]

maintenance plans for these areas, as required by the Phase 1 
implementation rule for the 1997 ozone NAAQS (69 FR 23951, April 30, 
2004).
    As further explained at proposal, EPA has concluded that there is 
neither an implementation plan revision nor a CAA section 110(l) 
demonstration required in order for EPA to approve a state's request to 
relax the federal summertime gasoline RVP limit under the circumstances 
described above for such areas as these 11 parishes. Rather, in order 
for EPA to approve a request to relax the federal RVP limit for such 
areas, the Governor or his/her designee must request that the 
Administrator revise the federal gasoline RVP regulations to remove the 
subject areas from the list of required areas in 40 CFR 80.27(a)(2). 
The state may provide any relevant supporting information such as 
recent air quality data, designation status for ozone and information 
on previously approved ozone maintenance plans. The Administrator's 
decision on whether to grant a state's request to revise the federal 
gasoline RVP regulations in such cases would be documented through 
notice-and-comment rulemaking. See the August 9, 2017 proposal for 
further background (82 FR 37184).

V. Louisiana's Request To Relax the Federal Gasoline RVP Requirement 
for Several Parishes

    On April 10, 2017, LDEQ requested that EPA relax the current 
federal gasoline RVP volatility standard of 7.8 psi to 9.0 psi for 16 
Louisiana parishes, the 5 parishes of the Baton Rouge area, and 11 
other parishes: Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, 
Orleans, Pointe Coupee, St. Bernard, St. Charles, St. James, and St. 
Mary. These other 11 parishes attained the 1-hour ozone NAAQS and were 
redesignated to attainment with approved CAA section 175A maintenance 
plans. They were then designated as attainment for the 1997 ozone 
NAAQS. As such, the State was required by EPA's Phase 1 rule, which 
implemented the 1997 ozone NAAQS, to submit CAA section 110(a)(1) 
maintenance plans for these parishes that addressed the 10-year period 
from 2004 to 2014. (See 69 FR 23951, April 30, 2004.) \2\ The Phase 1 
implementation rule for the 1997 ozone NAAQS did not require Louisiana 
to submit second 10-year CAA section 175A maintenance plans for the 1-
hour ozone NAAQS for these parishes. In 2012, all 11 parishes were 
designated as attainment for the 2008 ozone NAAQS. Because they were 
designated as attainment for both the 1997 and 2008 ozone NAAQS, they 
were not required to submit a CAA section 110(a)(1) maintenance plan 
for the 2008 ozone NAAQS. Therefore, as explained earlier above, these 
parishes are no longer within the timeframe that was addressed by any 
approved maintenance plan for any ozone NAAQS. The 11 parishes that are 
the subject of this action are all attaining the more stringent 2015 
ozone NAAQS, and the State did not recommend that any of these 11 
parishes be designated as nonattainment for the 2015 ozone NAAQS.\3\
---------------------------------------------------------------------------

    \2\ For more information on Louisiana's CAA section 110(a)(1) 
maintenance plans for the individual parishes under the 1997 ozone 
NAAQS, please refer to the following Federal Register notices 
approving the maintenance plans for the parishes listed 
parenthetically after the citation: 72 FR 62579, November 6, 2007 
(Beauregard and St. Mary Parishes); 73 FR 15411, March 24, 2008 
(Lafayette and Lafourche Parishes); 78 FR 57058 September 17, 2008 
(Pointe Coupee Parish); 73 FR 53403 September 16, 2008 (New Orleans 
Parish); and 73 FR 59518 (Calcasieu and St. James Parishes).
    \3\ On September 29, 2015, Louisiana submitted a letter to EPA 
recommending designations for the 2015 ozone NAAQS. The State 
recommended that all of the 11 parishes addressed in this action be 
designated as unclassifiable/attainment. The letter is available at: 
https://www.epa.gov/ozone-designations/ozone-designations-2015-standards-louisiana-state-recommendations.
---------------------------------------------------------------------------

    EPA's August 9, 2017 proposal included several pieces of 
information that supports the State's request:
     The current ozone design values for the parishes in 
question, based upon 2013-2015 air quality data are well below the 2015 
ozone NAAQS of 70 parts-per-billion (ppb). For more information on 
current design values for the 11 parishes refer to Table 1 in the 
August 9, 2017 proposal (82 FR 37186).
     Moreover, the projections for VOC emissions (i.e., the 
ozone precursor controlled through RVP limitations) from the previously 
approved CAA section 110(a)(1) maintenance plans for the 1997 ozone 
NAAQS for the areas covered by the State's request show relatively flat 
or downward VOC emissions trends through 2014. For more information on 
trends in VOC emissions in the 11 parishes refer to Table 2 in the 
August 9, 2017 notice of proposed rulemaking (82 FR 37187).
     There are also national rules that result in VOC and/or 
NOx emission reductions that will contribute to the downward trend in 
ozone concentrations in the 11 parishes into the future. See EPA's 
August 9, 2017 proposal for further information (82 FR 37184).

VI. Response to Comments

    EPA received four comments on its August 9, 2017 (82 FR 37184) 
proposal to relax the gasoline RVP standard from 7.8 psi to 9.0 psi. 
EPA found that these comments were either supportive of the proposed 
change or fell outside the scope of this action as discussed further 
below.
    Comment: An organization representing the Louisiana oil and gas 
industry provided comments in support of the proposed relaxation of 
summertime gasoline RVP from 7.8 to 9.0 psi.
    Response: EPA acknowledges that the commenter supported the 
proposal.
    Comment: EPA received two sets of comments that were not related to 
any of the issues addressed in the proposal, while a third expressed 
general disagreement with relaxing any environmental regulations for 
any reason without addressing the specific issue of the subject RVP 
relaxation.
    Response: Regarding the generic objection to the relaxation of 
environmental regulations, EPA deemed this outside the scope of the 
proposal because it did not address EPA's conclusion that approving the 
proposed relaxation would not adversely impact air quality in the 
covered areas, nor would it interfere with those areas' ability to meet 
any other applicable NAAQS. As discussed above and in the proposal, EPA 
has concluded based on current air quality data and available VOC and 
NOx emissions information that the RVP relaxation will not have any 
appreciable effect on air quality in the 11 parishes, and therefore, 
the requested relaxation is approvable.

VII. Final Action

    EPA is taking final action to approve Louisiana's request for the 
Agency to relax the RVP applicable to gasoline introduced into commerce 
from June 1 to September 15 of each year for the parishes of 
Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe 
Coupee, St. Bernard, St. Charles, St. James, and St. Mary. 
Specifically, this action amends the applicable gasoline RVP standard 
from 7.8 psi to 9.0 psi provided at 40 CFR 80.27(a)(2) for the 11 named 
parishes. This approval is based on the redesignation of the named 
areas to attainment of the 1-hour ozone NAAQS and their designation as 
attainment for the 1997 and 2008 ozone NAAQS. Additionally, recent air 
quality data from monitors in the parishes demonstrates that they are 
attaining the 2015 ozone NAAQS of 70 ppb. Lastly, emission reductions 
from national rules aimed at reducing VOCs and NOx that were not 
previously claimed or accounted for in the State's projection of air 
quality trends for its maintenance plans will ensure

[[Page 60889]]

continued attainment of the 2015 ozone NAAQS.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs

    This action is considered an Executive Order 13771 deregulatory 
action. This final rule provides meaningful burden reduction because it 
relaxes the federal RVP standard for gasoline, and as a result, fuel 
suppliers will no longer be required to provide 7.8 psi lower RVP 
gasoline in the 11 parishes during the summer months (June 1st through 
September 15th). Relaxing the volatility requirements will also be 
beneficial because this action can improve the fungibility of gasoline 
sold in the State of Louisiana by allowing the gasoline sold in the 11 
named parishes to be identical to the fuel sold in most of the 
remainder of the State.

C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
PRA, because it does not contain any information collection activities.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small 
entities subject to the rule. The small entities subject to the 
requirements of this action are refiners, importers or blenders of 
gasoline that choose to produce or import low RVP gasoline for sale in 
Louisiana and gasoline distributers and retail stations in Louisiana. 
This action relaxes the federal RVP standard for gasoline sold in 11 
Louisiana parishes during the high ozone season. This rule does not 
impose any requirements or create impacts on small entities beyond 
those, if any, already required by or resulting from the CAA section 
211(h) Volatility Control program. We have therefore concluded that 
this action will have no net regulatory burden for all directly 
regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This final rule does not contain an unfunded mandate of $100 
million or more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action 
implements mandates specifically and explicitly set forth in CAA 
section 211(h) without the exercise of any policy discretion by the 
EPA.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This final rule will affect only those refiners, 
importers or blenders of gasoline that choose to produce or import low 
RVP gasoline for sale and gasoline distributers and retail stations in 
the 11 Louisiana parishes. Thus, Executive Order 13175 does not apply 
to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk. EPA has no reason to believe that this 
action may disproportionately affect children based on available ozone 
air quality data and VOC and NOX emissions information. EPA 
has concluded that a relaxation of the gasoline RVP will not interfere 
with the attainment of the ozone NAAQS, or any other applicable CAA 
requirement in these 11 Louisiana parishes.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994) 
because it does not affect the applicable ozone NAAQS which establish 
the level of protection provided to human health or the environment. 
This rule relaxes the applicable volatility standard of gasoline during 
the high ozone season (June 1 to September 15 of each year). EPA has 
concluded that the relaxation will not cause a measurable increase in 
ozone concentrations that would result in a violation of any ozone 
NAAQS including the 2008 ozone NAAQS or the more stringent 2015 ozone 
NAAQS. Therefore, disproportionately high and adverse human health or 
environmental effects on minority or low-income populations are not an 
anticipated result.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller of the 
United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

M. Petitions for Judicial Review

    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 February 26, 2018. 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 CAA section 307(b)(2).

[[Page 60890]]

IX. Legal Authority and Statutory Provisions

    The statutory authority for this action is granted to EPA by 
sections 211(h) and 301(a) of the Clean Air Act, as amended; 42 U.S.C. 
7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Fuel additives, Gasoline, Motor vehicle and 
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting 
and recordkeeping requirements.

    Dated: December 15, 2017.
E. Scott Pruitt,
Administrator.
    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

0
2. Section 80.27 is amended in the table in paragraph (a)(2)(ii) by 
revising the entries for ``Louisiana'' to read as follows:


Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

                               Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Louisiana:
    Grant Parish \4\............             9.0             9.0             9.0  ..............             9.0
    11 Other Louisiana Parishes              9.0             9.0             9.0  ..............             9.0
     \11\.......................
    All other volatility                     9.0             7.8             7.8  ..............             7.8
     nonattainment areas........
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Standards are expressed in pounds per square inch (psi).
 * * * * * * *
\4\ The standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
 * * * * * * *
\11\ The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans,
  Pointe Coupee, St. Bernard, St. Charles, St. James, and St. Mary from June 1 until September 15 in 1992
  through 2017 was 7.8 psi.

* * * * *
[FR Doc. 2017-27628 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P



                                             60886                Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                                                  TABLE 2 TO SUBPART NNN OF PART 63—EMISSION LIMITS AND COMPLIANCE DATES—Continued
                                                                                                                 And you commenced                                                                                                  And you must comply
                                             If your source is a:                                                                                               Your emission limits are: 1
                                                                                                                 construction:                                                                                                      by: 2

                                             18. Flame-attenuation line manufacturing                            On or before November 25,                      5.0 lb formaldehyde per ton of                           glass      December 26, 2020.
                                               an OEM product.                                                    2011.                                           pulled 5.7 lb methanol per ton of                      glass
                                                                                                                                                                  pulled 31 lb phenol per ton of                         glass
                                                                                                                                                                  pulled.
                                             19. Flame-attenuation line manufacturing                            After November 25, 2011 ...                    2.9 lb formaldehyde per ton of                           glass      December 26, 2017.4
                                               an OEM product.                                                                                                    pulled 1.1 lb methanol per ton of                      glass
                                                                                                                                                                  pulled 22 lb phenol per ton of                         glass
                                                                                                                                                                  pulled.
                                                1 The numeric limits do not apply during startup and shutdown.
                                                2 Existing sources must demonstrate compliance by the compliance dates specified in this table. New sources have 180 days after the applica-
                                             ble compliance date to demonstrate compliance.
                                                        *                    *                    *               *                      *                   *                   *
                                               4 Or initial startup, whichever is later.
                                               5 This limit does not apply after December 26, 2020.




                                             [FR Doc. 2017–27797 Filed 12–22–17; 8:45 am]                              amendments to the regulations to allow                                     Transportation and Air Quality,
                                             BILLING CODE 6560–50–P                                                    the gasoline RVP standard for these 11                                     Environmental Protection Agency, 2000
                                                                                                                       parishes to rise from 7.8 pounds per                                       Traverwood Drive, Ann Arbor,
                                                                                                                       square inch (psi) to 9.0 psi. EPA has                                      Michigan 48105; telephone number:
                                             ENVIRONMENTAL PROTECTION                                                  determined that this change to the                                         (734) 214–4823; fax number: (734) 214–
                                             AGENCY                                                                    Federal gasoline RVP volatility                                            4052; email address: sosnowski.dave@
                                                                                                                       regulation is consistent with the                                          epa.gov. You may also contact Rudolph
                                             40 CFR Part 80                                                            applicable provisions of the Clean Air                                     Kapichak at the same address; telephone
                                             [EPA–HQ–OAR–2016–0683; FRL–9971–92–                                       Act (CAA). LDEQ has also requested                                         number: (734) 214–4574; fax number:
                                             OAR]                                                                      that EPA relax gasoline volatility                                         (734) 214–4052; email address:
                                                                                                                       requirements for the 5-parish Baton                                        kapichak.rudolph@epa.gov.
                                             RIN 2060–AT61                                                             Rouge area, and EPA will address that
                                                                                                                       request in a separate rulemaking in the                                    SUPPLEMENTARY INFORMATION:    The
                                             Approval of Louisiana’s Request To                                        future.                                                                    contents of this preamble are listed in
                                             Relax the Federal Reid Vapor Pressure                                                                                                                the following outline:
                                                                                                                       DATES: This final rule is effective on
                                             (RVP) Gasoline Volatility Standard for                                                                                                               I. General Information
                                                                                                                       January 25, 2018.
                                             Several Parishes                                                                                                                                     II. Action Being Taken
                                                                                                                       ADDRESSES: EPA has established a
                                                                                                                                                                                                  III. History of the Gasoline Volatility
                                             AGENCY:  Environmental Protection                                         docket for this action under Docket ID                                           Requirement
                                             Agency (EPA).                                                             No. EPA–HQ–OAR–2016–0683. All                                              IV. EPA’s Policy Regarding Relaxation of
                                             ACTION: Final rule.                                                       documents in the docket are listed on                                            Gasoline Volatility Standards in Ozone
                                                                                                                       the https://www.regulations.gov/                                                 Nonattainment Areas That Are
                                             SUMMARY:  The Environmental Protection                                    website. Although listed in the index,                                           Redesignated as Attainment Areas
                                             Agency (EPA) is taking final action to                                    some information may not be publicly                                       V. Louisiana’s Request to Relax the Federal
                                             approve an April 10, 2017 request from                                    available, e.g., Confidential Business                                           Gasoline RVP Requirement for Several
                                             the Louisiana Department of                                               Information (CBI) or other information                                           Parishes
                                             Environmental Quality (LDEQ) to relax                                     whose disclosure is restricted by statute.                                 VI. Response to Comments
                                                                                                                                                                                                  VII. Final Action
                                             the Federal Reid Vapor Pressure (RVP)                                     Certain other material, such as
                                                                                                                                                                                                  VIII. Statutory and Executive Order Reviews
                                             standard applicable to gasoline                                           copyrighted material, is not placed on                                     IX. Legal Authority and Statutory Provisions
                                             introduced into commerce from June 1                                      the internet and will be publicly
                                             to September 15 of each year for the                                      available only in hard copy form.                                          I. General Information
                                             following parishes: Beauregard,                                           Publicly available docket materials are                                    A. Does this action apply to me?
                                             Calcasieu, Jefferson, Lafayette,                                          available electronically through https://
                                             Lafourche, Orleans, Pointe Coupee, St.                                    www.regulations.gov/.                                                        Entities potentially affected by this
                                             Bernard, St. Charles, St. James, and St.                                  FOR FURTHER INFORMATION CONTACT:                                           rule are fuel producers and distributors
                                             Mary. Specifically, EPA is approving                                      Dave Sosnowski, Office of                                                  who do business in Louisiana.

                                                                                                           Examples of potentially regulated entities                                                                                       NAICS 1 Codes

                                             Petroleum refineries .......................................................................................................................................................................   324110, 424710
                                             Gasoline Marketers and Distributors .............................................................................................................................................                      424720
                                             Gasoline Retail Stations ................................................................................................................................................................              447110
                                             Gasoline Transporters ...................................................................................................................................................................      484220, 484230
                                                1 North    American Industry Classification System.
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                                                The above table is not intended to be                                  the types of entities of which EPA is                                      determine whether your organization
                                             exhaustive, but rather provides a guide                                   aware that could be affected by this rule.                                 may be affected by this rule, you should
                                             for readers regarding entities likely to be                               Other types of entities not listed on the                                  carefully examine the regulations in 40
                                             affected by this action. The table lists                                  table could also be affected. To                                           CFR 80.27. If you have questions



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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                       60887

                                             regarding the applicability of this action              limits for the RVP of gasoline sold                   this preamble for information specific to
                                             to a particular entity, call the person                 during the regulatory control periods                 Louisiana’s request.
                                             listed in the FOR FURTHER INFORMATION                   that were established on a state-by-state
                                                                                                                                                           IV. EPA’s Policy Regarding Relaxation
                                             CONTACT section of this preamble.                       basis in the final rule. The regulatory
                                                                                                                                                           of Gasoline Volatility Standards in
                                                                                                     control periods addressed the portion of              Ozone Nonattainment Areas That Are
                                             B. What is EPA’s authority for taking
                                             this action?                                            the year when peak ozone                              Redesignated as Attainment Areas
                                                                                                     concentrations were expected. These
                                                The statutory authority for this action              regulations constituted Phase I of a two-                As stated in the preamble for EPA’s
                                             is granted to EPA by sections 211(h) and                phase nationwide program, which was                   amended Phase II volatility standards
                                             301(a) of the CAA, as amended; 42                       designed to reduce the volatility of                  (See 56 FR 64706, December 12, 1991),
                                             U.S.C. 7545(h) and 7601(a).                             gasoline during the high ozone season.                any change in the gasoline volatility
                                                                                                     On June 11, 1990 (55 FR 23658), EPA                   standard for a nonattainment area that
                                             II. Action Being Taken
                                                                                                     promulgated more stringent volatility                 was subsequently redesignated as an
                                                This final rule approves a request                   controls as Phase II of the volatility                attainment area must be accomplished
                                             from the state of Louisiana to change the               control program. These requirements                   through a separate rulemaking that
                                             federal RVP standard for the parishes of                established maximum gasoline RVP                      revises the applicable standard for that
                                             Beauregard, Calcasieu, Jefferson,                       standards of 9.0 psi or 7.8 psi                       area. Thus, for former 1-hour ozone
                                             Lafayette, Lafourche, Orleans, Pointe                   (depending on the state, the month, and               nonattainment areas where EPA
                                             Coupee, St. Bernard, St. Charles, St.                   the area’s initial ozone attainment                   mandated a Phase II summertime
                                             James, and St. Mary from 7.8 psi to 9.0                 designation with respect to the 1-hour                volatility standard of 7.8 psi RVP in the
                                             psi by amending EPA’s regulations at 40                 ozone NAAQS).                                         December 12, 1991 rulemaking, the
                                             CFR 80.27(a)(2). EPA is not addressing                                                                        federal 7.8 psi gasoline RVP
                                                                                                        The 1990 CAA Amendments
                                             in this final rule LDEQ’s request that                                                                        requirement remains in effect, even after
                                                                                                     established a new section 211(h) to
                                             EPA also relax the federal RVP standard                                                                       such an area is redesignated to
                                                                                                     address fuel volatility. CAA section
                                             for the 5-parish Baton Rouge area. EPA                                                                        attainment, until a separate rulemaking
                                                                                                     211(h) requires EPA to promulgate
                                             will address that request in a separate                                                                       is completed that relaxes the federal
                                                                                                     regulations making it unlawful to sell,
                                             rulemaking in the future.                                                                                     RVP standard in that area from 7.8 psi
                                                The preamble for this rulemaking is                  offer for sale, dispense, supply, offer for
                                                                                                                                                           to 9.0 psi.
                                             organized as follows: Section III,                      supply, transport, or introduce into                     As explained in the December 12,
                                             provides the history of the federal                     commerce gasoline with an RVP level in                1991 rulemaking, EPA believes that
                                             gasoline volatility regulation; Section                 excess of 9.0 psi during the high ozone               relaxation of an applicable gasoline RVP
                                             IV, describes the policy regarding                      season. CAA section 211(h) also                       standard is best accomplished in
                                             relaxation of volatility standards in                   prohibits EPA from establishing a                     conjunction with the redesignation
                                             ozone nonattainment areas that are                      volatility standard more stringent than               process. In order for an ozone
                                             redesignated as attainment areas;                       9.0 psi in an attainment area, except that            nonattainment area to be redesignated
                                             Section V, provides information specific                EPA may impose a lower (more                          as an attainment area, CAA section
                                             to Louisiana’s request for the 11                       stringent) standard in any former ozone               107(d)(3) requires the state to make a
                                             parishes addressed by this action;                      nonattainment area redesignated to                    showing, pursuant to CAA section
                                             Section VI, provides a response to the                  attainment.                                           175A, that the area is capable of
                                             comments EPA received; and Section                         On December 12, 1991 (56 FR 64704),                maintaining attainment for the ozone
                                             VII, presents the final action in response              EPA modified the Phase II volatility                  NAAQS for ten years. Depending on the
                                             to Louisiana’s request.                                 regulations to be consistent with CAA                 area’s circumstances, this maintenance
                                                                                                     section 211(h). The modified regulations              plan will either demonstrate that the
                                             III. History of the Gasoline Volatility                 prohibited the sale of gasoline with an               area is capable of maintaining
                                             Requirement                                             RVP above 9.0 psi in all areas                        attainment for ten years without the
                                                On August 19, 1987 (52 FR 31274),                    designated attainment for ozone,                      more stringent volatility standard or that
                                             EPA determined that gasoline                            effective January 13, 1992. For areas                 the more stringent volatility standard
                                             nationwide was becoming increasingly                    designated as nonattainment, the                      may be necessary for the area to
                                             volatile, causing an increase in                        regulations retained the original Phase II            maintain its attainment with the ozone
                                             evaporative emissions from gasoline-                    standards published on June 11, 1990                  NAAQS. Therefore, in the context of a
                                             powered vehicles and equipment.                         (55 FR 23658), which included the 7.8                 request for redesignation, EPA will not
                                             Evaporative emissions from gasoline,                    psi ozone season limitation for certain               relax the gasoline volatility standard
                                             referred to as volatile organic                         areas. As stated in the preamble to the               unless the state requests a relaxation
                                             compounds (VOCs), are precursors to                     Phase II volatility controls and                      and the maintenance plan demonstrates
                                             the formation of tropospheric ozone and                 reiterated in the proposed change to the              to the satisfaction of EPA that the area
                                             contribute to the nation’s ground-level                 volatility standards published in 1991,               will maintain attainment for ten years
                                             ozone problem. Exposure to ground-                      EPA will rely on states to initiate                   without the need for the more stringent
                                             level ozone can reduce lung function,                   changes to their respective volatility                volatility standard.
                                             thereby aggravating asthma and other                    programs. EPA’s policy for approving                     As explained in the proposal to this
                                             respiratory conditions, increase                        such changes is described below in                    final rule, some former 1-hour ozone
                                             susceptibility to respiratory infection,                Section IV. of this preamble.                         nonattainment areas that remain subject
                                             and may contribute to premature death                      The state of Louisiana initiated the               to the federal summertime RVP limit of
                                                                                                     change being finalized in this action by              7.8 psi have been designated as
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                                             in people with heart and lung disease.
                                                The most common measure of fuel                      requesting that EPA relax the 7.8 psi                 attainment areas for both the 1997 and
                                             volatility that is useful in evaluating                 RVP standard to 9.0 psi for the parishes              2008 ozone NAAQS and based on the
                                             gasoline evaporative emissions is RVP.                  of Beauregard, Calcasieu, Jefferson,                  latest available air quality data are also
                                             Under CAA section 211(c), EPA                           Lafayette, Lafourche, Orleans, Pointe                 attaining the more stringent 2015 ozone
                                             promulgated regulations on March 22,                    Coupee, St. Bernard, St. Charles, St.                 NAAQS. These states submitted, and
                                             1989 (54 FR 11868) that set maximum                     James, and St. Mary. See Section V. of                EPA approved, CAA section 110(a)(1)


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                                             60888            Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             maintenance plans for these areas, as                    rule for the 1997 ozone NAAQS did not                 to relax the gasoline RVP standard from
                                             required by the Phase 1 implementation                   require Louisiana to submit second 10-                7.8 psi to 9.0 psi. EPA found that these
                                             rule for the 1997 ozone NAAQS (69 FR                     year CAA section 175A maintenance                     comments were either supportive of the
                                             23951, April 30, 2004).                                  plans for the 1-hour ozone NAAQS for                  proposed change or fell outside the
                                                As further explained at proposal, EPA                 these parishes. In 2012, all 11 parishes              scope of this action as discussed further
                                             has concluded that there is neither an                   were designated as attainment for the                 below.
                                             implementation plan revision nor a                       2008 ozone NAAQS. Because they were                      Comment: An organization
                                             CAA section 110(l) demonstration                         designated as attainment for both the                 representing the Louisiana oil and gas
                                             required in order for EPA to approve a                   1997 and 2008 ozone NAAQS, they                       industry provided comments in support
                                             state’s request to relax the federal                     were not required to submit a CAA                     of the proposed relaxation of
                                             summertime gasoline RVP limit under                      section 110(a)(1) maintenance plan for                summertime gasoline RVP from 7.8 to
                                             the circumstances described above for                    the 2008 ozone NAAQS. Therefore, as                   9.0 psi.
                                             such areas as these 11 parishes. Rather,                 explained earlier above, these parishes                  Response: EPA acknowledges that the
                                             in order for EPA to approve a request to                 are no longer within the timeframe that               commenter supported the proposal.
                                             relax the federal RVP limit for such                     was addressed by any approved                            Comment: EPA received two sets of
                                             areas, the Governor or his/her designee                  maintenance plan for any ozone                        comments that were not related to any
                                             must request that the Administrator                      NAAQS. The 11 parishes that are the                   of the issues addressed in the proposal,
                                             revise the federal gasoline RVP                          subject of this action are all attaining the          while a third expressed general
                                             regulations to remove the subject areas                  more stringent 2015 ozone NAAQS, and                  disagreement with relaxing any
                                             from the list of required areas in 40 CFR                the State did not recommend that any of               environmental regulations for any
                                             80.27(a)(2). The state may provide any                   these 11 parishes be designated as                    reason without addressing the specific
                                             relevant supporting information such as                  nonattainment for the 2015 ozone                      issue of the subject RVP relaxation.
                                                                                                      NAAQS.3                                                  Response: Regarding the generic
                                             recent air quality data, designation
                                                                                                         EPA’s August 9, 2017 proposal                      objection to the relaxation of
                                             status for ozone and information on
                                                                                                      included several pieces of information                environmental regulations, EPA deemed
                                             previously approved ozone maintenance
                                                                                                      that supports the State’s request:                    this outside the scope of the proposal
                                             plans. The Administrator’s decision on
                                             whether to grant a state’s request to                       • The current ozone design values for              because it did not address EPA’s
                                                                                                      the parishes in question, based upon                  conclusion that approving the proposed
                                             revise the federal gasoline RVP                                                                                relaxation would not adversely impact
                                             regulations in such cases would be                       2013–2015 air quality data are well
                                                                                                      below the 2015 ozone NAAQS of 70                      air quality in the covered areas, nor
                                             documented through notice-and-                                                                                 would it interfere with those areas’
                                             comment rulemaking. See the August 9,                    parts-per-billion (ppb). For more
                                                                                                      information on current design values for              ability to meet any other applicable
                                             2017 proposal for further background                                                                           NAAQS. As discussed above and in the
                                                                                                      the 11 parishes refer to Table 1 in the
                                             (82 FR 37184).                                                                                                 proposal, EPA has concluded based on
                                                                                                      August 9, 2017 proposal (82 FR 37186).
                                             V. Louisiana’s Request To Relax the                         • Moreover, the projections for VOC                current air quality data and available
                                             Federal Gasoline RVP Requirement for                     emissions (i.e., the ozone precursor                  VOC and NOx emissions information
                                             Several Parishes                                         controlled through RVP limitations)                   that the RVP relaxation will not have
                                                                                                      from the previously approved CAA                      any appreciable effect on air quality in
                                               On April 10, 2017, LDEQ requested
                                                                                                      section 110(a)(1) maintenance plans for               the 11 parishes, and therefore, the
                                             that EPA relax the current federal
                                                                                                      the 1997 ozone NAAQS for the areas                    requested relaxation is approvable.
                                             gasoline RVP volatility standard of 7.8
                                                                                                      covered by the State’s request show                   VII. Final Action
                                             psi to 9.0 psi for 16 Louisiana parishes,
                                                                                                      relatively flat or downward VOC
                                             the 5 parishes of the Baton Rouge area,                                                                           EPA is taking final action to approve
                                                                                                      emissions trends through 2014. For
                                             and 11 other parishes: Beauregard,                                                                             Louisiana’s request for the Agency to
                                                                                                      more information on trends in VOC
                                             Calcasieu, Jefferson, Lafayette,                                                                               relax the RVP applicable to gasoline
                                                                                                      emissions in the 11 parishes refer to
                                             Lafourche, Orleans, Pointe Coupee, St.                                                                         introduced into commerce from June 1
                                                                                                      Table 2 in the August 9, 2017 notice of
                                             Bernard, St. Charles, St. James, and St.                                                                       to September 15 of each year for the
                                                                                                      proposed rulemaking (82 FR 37187).
                                             Mary. These other 11 parishes attained
                                                                                                         • There are also national rules that               parishes of Beauregard, Calcasieu,
                                             the 1-hour ozone NAAQS and were                                                                                Jefferson, Lafayette, Lafourche, Orleans,
                                                                                                      result in VOC and/or NOx emission
                                             redesignated to attainment with                                                                                Pointe Coupee, St. Bernard, St. Charles,
                                                                                                      reductions that will contribute to the
                                             approved CAA section 175A                                                                                      St. James, and St. Mary. Specifically,
                                                                                                      downward trend in ozone
                                             maintenance plans. They were then                                                                              this action amends the applicable
                                                                                                      concentrations in the 11 parishes into
                                             designated as attainment for the 1997                                                                          gasoline RVP standard from 7.8 psi to
                                                                                                      the future. See EPA’s August 9, 2017
                                             ozone NAAQS. As such, the State was                                                                            9.0 psi provided at 40 CFR 80.27(a)(2)
                                                                                                      proposal for further information (82 FR
                                             required by EPA’s Phase 1 rule, which                                                                          for the 11 named parishes. This
                                                                                                      37184).
                                             implemented the 1997 ozone NAAQS,                                                                              approval is based on the redesignation
                                             to submit CAA section 110(a)(1)                          VI. Response to Comments                              of the named areas to attainment of the
                                             maintenance plans for these parishes                       EPA received four comments on its                   1-hour ozone NAAQS and their
                                             that addressed the 10-year period from                   August 9, 2017 (82 FR 37184) proposal                 designation as attainment for the 1997
                                             2004 to 2014. (See 69 FR 23951, April                                                                          and 2008 ozone NAAQS. Additionally,
                                             30, 2004.) 2 The Phase 1 implementation                  September 17, 2008 (Pointe Coupee Parish); 73 FR      recent air quality data from monitors in
                                                                                                      53403 September 16, 2008 (New Orleans Parish);        the parishes demonstrates that they are
                                               2 For more information on Louisiana’s CAA              and 73 FR 59518 (Calcasieu and St. James Parishes).
                                                                                                                                                            attaining the 2015 ozone NAAQS of 70
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                                             section 110(a)(1) maintenance plans for the                 3 On September 29, 2015, Louisiana submitted a

                                             individual parishes under the 1997 ozone NAAQS,          letter to EPA recommending designations for the       ppb. Lastly, emission reductions from
                                             please refer to the following Federal Register           2015 ozone NAAQS. The State recommended that          national rules aimed at reducing VOCs
                                             notices approving the maintenance plans for the          all of the 11 parishes addressed in this action be    and NOx that were not previously
                                             parishes listed parenthetically after the citation: 72   designated as unclassifiable/attainment. The letter
                                             FR 62579, November 6, 2007 (Beauregard and St.           is available at: https://www.epa.gov/ozone-
                                                                                                                                                            claimed or accounted for in the State’s
                                             Mary Parishes); 73 FR 15411, March 24, 2008              designations/ozone-designations-2015-standards-       projection of air quality trends for its
                                             (Lafayette and Lafourche Parishes); 78 FR 57058          louisiana-state-recommendations.                      maintenance plans will ensure


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                                                              Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations                                       60889

                                             continued attainment of the 2015 ozone                  already required by or resulting from the             I. Executive Order 13211: Actions
                                             NAAQS.                                                  CAA section 211(h) Volatility Control                 Concerning Regulations That
                                                                                                     program. We have therefore concluded                  Significantly Affect Energy Supply,
                                             VIII. Statutory and Executive Order
                                                                                                     that this action will have no net                     Distribution or Use
                                             Reviews
                                                                                                     regulatory burden for all directly                       This action is not subject to Executive
                                             A. Executive Order 12866: Regulatory                    regulated small entities.                             Order 13211 because it is not a
                                             Planning and Review and Executive                                                                             significant regulatory action under
                                             Order 13563: Improving Regulation and                   E. Unfunded Mandates Reform Act
                                                                                                     (UMRA)                                                Executive Order 12866.
                                             Regulatory Review
                                                                                                       This final rule does not contain an                 J. National Technology Transfer and
                                               This action is not a significant
                                                                                                     unfunded mandate of $100 million or                   Advancement Act (NTTAA)
                                             regulatory action and was therefore not
                                             submitted to the Office of Management                   more as described in UMRA, 2 U.S.C.                      This rulemaking does not involve
                                             and Budget (OMB) for review.                            1531–1538, and does not significantly or              technical standards.
                                                                                                     uniquely affect small governments. The
                                             B. Executive Order 13771: Reducing                                                                            K. Executive Order 12898: Federal
                                                                                                     action implements mandates
                                             Regulation and Controlling Regulatory                                                                         Actions To Address Environmental
                                                                                                     specifically and explicitly set forth in
                                             Costs                                                                                                         Justice in Minority Populations and
                                                                                                     CAA section 211(h) without the exercise               Low-Income Populations
                                                This action is considered an                         of any policy discretion by the EPA.
                                             Executive Order 13771 deregulatory                                                                               The EPA believes that this action does
                                             action. This final rule provides                        F. Executive Order 13132: Federalism                  not have disproportionately high and
                                             meaningful burden reduction because it                    This action does not have federalism                adverse human health or environmental
                                             relaxes the federal RVP standard for                    implications. It will not have substantial            effects on minority populations, low-
                                             gasoline, and as a result, fuel suppliers               direct effects on the states, on the                  income populations and/or indigenous
                                             will no longer be required to provide 7.8               relationship between the national                     peoples, as specified in Executive Order
                                             psi lower RVP gasoline in the 11                        government and the states, or on the                  12898 (59 FR 7629, February 16, 1994)
                                             parishes during the summer months                       distribution of power and                             because it does not affect the applicable
                                             (June 1st through September 15th).                      responsibilities among the various                    ozone NAAQS which establish the level
                                             Relaxing the volatility requirements will               levels of government.                                 of protection provided to human health
                                             also be beneficial because this action                                                                        or the environment. This rule relaxes
                                             can improve the fungibility of gasoline                 G. Executive Order 13175: Consultation                the applicable volatility standard of
                                             sold in the State of Louisiana by                       and Coordination With Indian Tribal                   gasoline during the high ozone season
                                             allowing the gasoline sold in the 11                    Governments                                           (June 1 to September 15 of each year).
                                             named parishes to be identical to the                                                                         EPA has concluded that the relaxation
                                                                                                       This action does not have tribal
                                             fuel sold in most of the remainder of the                                                                     will not cause a measurable increase in
                                                                                                     implications as specified in Executive
                                             State.                                                                                                        ozone concentrations that would result
                                                                                                     Order 13175. This final rule will affect
                                                                                                                                                           in a violation of any ozone NAAQS
                                             C. Paperwork Reduction Act (PRA)                        only those refiners, importers or
                                                                                                                                                           including the 2008 ozone NAAQS or the
                                                                                                     blenders of gasoline that choose to
                                               This action does not impose an                                                                              more stringent 2015 ozone NAAQS.
                                                                                                     produce or import low RVP gasoline for
                                             information collection burden under                                                                           Therefore, disproportionately high and
                                             PRA, because it does not contain any                    sale and gasoline distributers and retail
                                                                                                                                                           adverse human health or environmental
                                             information collection activities.                      stations in the 11 Louisiana parishes.
                                                                                                                                                           effects on minority or low-income
                                                                                                     Thus, Executive Order 13175 does not
                                                                                                                                                           populations are not an anticipated
                                             D. Regulatory Flexibility Act (RFA)                     apply to this action.
                                                                                                                                                           result.
                                                I certify that this action will not have             H. Executive Order 13045: Protection of
                                             a significant economic impact on a                                                                            L. Congressional Review Act (CRA)
                                                                                                     Children From Environmental Health
                                             substantial number of small entities                    Risks and Safety Risks                                   This action is subject to the CRA, and
                                             under the RFA. In making this                                                                                 the EPA will submit a rule report to
                                             determination, the impact of concern is                    The EPA interprets Executive Order                 each House of the Congress and to the
                                             any significant adverse economic                        13045 as applying only to those                       Comptroller of the United States. This
                                             impact on small entities. An agency may                 regulatory actions that concern                       action is not a ‘‘major rule’’ as defined
                                             certify that a rule will not have a                     environmental health or safety risks that             by 5 U.S.C. 804(2).
                                             significant economic impact on a                        the EPA has reason to believe may
                                             substantial number of small entities if                 disproportionately affect children, per               M. Petitions for Judicial Review
                                             the rule relieves regulatory burden, has                the definition of ‘‘covered regulatory                   Under section 307(b)(1) of the CAA,
                                             no net burden or otherwise has a                        action’’ in section 2–202 of the                      petitions for judicial review of this
                                             positive economic effect on the small                   Executive Order. This action is not                   action must be filed in the United States
                                             entities subject to the rule. The small                 subject to Executive Order 13045                      Court of Appeals for the appropriate
                                             entities subject to the requirements of                 because it does not concern an                        circuit by February 26, 2018. Filing a
                                             this action are refiners, importers or                  environmental health risk or safety risk.             petition for reconsideration by the
                                             blenders of gasoline that choose to                     EPA has no reason to believe that this                Administrator of this final rule does not
                                             produce or import low RVP gasoline for                  action may disproportionately affect                  affect the finality of this action for the
                                             sale in Louisiana and gasoline                          children based on available ozone air                 purposes of judicial review nor does it
                                             distributers and retail stations in                     quality data and VOC and NOX                          extend the time within which a petition
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                                             Louisiana. This action relaxes the                      emissions information. EPA has                        for judicial review may be filed, and
                                             federal RVP standard for gasoline sold                  concluded that a relaxation of the                    shall not postpone the effectiveness of
                                             in 11 Louisiana parishes during the high                gasoline RVP will not interfere with the              such rule or action. This action may not
                                             ozone season. This rule does not impose                 attainment of the ozone NAAQS, or any                 be challenged later in proceedings to
                                             any requirements or create impacts on                   other applicable CAA requirement in                   enforce its requirements. See CAA
                                             small entities beyond those, if any,                    these 11 Louisiana parishes.                          section 307(b)(2).


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                                             60890                Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Rules and Regulations

                                             IX. Legal Authority and Statutory                                    pollution, Penalties, Reporting and                        Authority: 42 U.S.C. 7414, 7521, 7542,
                                             Provisions                                                           recordkeeping requirements.                              7545, and 7601(a).
                                                                                                                    Dated: December 15, 2017.                              ■ 2. Section 80.27 is amended in the
                                                The statutory authority for this action
                                                                                                                  E. Scott Pruitt,                                         table in paragraph (a)(2)(ii) by revising
                                             is granted to EPA by sections 211(h) and
                                             301(a) of the Clean Air Act, as amended;                             Administrator.                                           the entries for ‘‘Louisiana’’ to read as
                                             42 U.S.C. 7545(h) and 7601(a).                                         For the reasons set out in the                         follows:
                                                                                                                  preamble, title 40, chapter I of the Code
                                             List of Subjects in 40 CFR Part 80                                   of Federal Regulations is amended as                     § 80.27 Controls and prohibitions on
                                                                                                                  follows:                                                 gasoline volatility.
                                               Environmental protection,
                                                                                                                                                                               (a) * * *
                                             Administrative practice and procedure,                               PART 80—REGULATION OF FUELS
                                             Air pollution control, Fuel additives,                               AND FUEL ADDITIVES                                           (2) * * *
                                             Gasoline, Motor vehicle and motor                                                                                                 (ii) * * *
                                             vehicle engines, Motor vehicle                                       ■ 1. The authority citation for part 80
                                                                                                                  continues to read as follows:

                                                                                                  APPLICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS
                                                                                    State                                               May                   June             July                  August               September


                                                       *                         *                                 *                          *                        *                        *                           *
                                             Louisiana:
                                                 Grant Parish 4 ................................................................                  9.0                9.0               9.0     ........................           9.0
                                                 11 Other Louisiana Parishes 11 .....................................                             9.0                9.0               9.0     ........................           9.0
                                                 All other volatility nonattainment areas .........................                               9.0                7.8               7.8     ........................           7.8

                                                          *                            *                              *                       *                        *                        *                           *
                                                 1 Standardsare expressed in pounds per square inch (psi).
                                                      *                    *                    *                  *                     *                   *                   *
                                                 4 The
                                                     standard for Grant Parish from June 1 until September 15 in 1992 through 2007 was 7.8 psi.
                                                      *                    *                    *                  *                     *                   *                   *
                                              11 The standard for the Louisiana parishes of Beauregard, Calcasieu, Jefferson, Lafayette, Lafourche, Orleans, Pointe Coupee, St. Bernard, St.
                                             Charles, St. James, and St. Mary from June 1 until September 15 in 1992 through 2017 was 7.8 psi.


                                             *       *        *        *        *                                 published at 82 FR 45202, on September                   proposed rule, there will not be a
                                             [FR Doc. 2017–27628 Filed 12–22–17; 8:45 am]                         28, 2017.                                                second comment period on this action.
                                             BILLING CODE 6560–50–P                                               FOR FURTHER INFORMATION CONTACT: Sara                    List of Subjects in 40 CFR Part 82
                                                                                                                  Kemme by regular mail: U.S.
                                                                                                                  Environmental Protection Agency,                           Environmental protection, Air
                                             ENVIRONMENTAL PROTECTION                                             Stratospheric Protection Division                        pollution control, Chemicals, Reporting
                                             AGENCY                                                               (6205T), 1200 Pennsylvania Avenue                        and recordkeeping requirements.
                                                                                                                  NW, Washington, DC 20460; by                               Dated: December 15, 2017.
                                             40 CFR Part 82
                                                                                                                  telephone: (202) 566–0511; or by email:                  E. Scott Pruitt,
                                             [EPA–HQ–OAR–2017–0213; FRL–9972–47–                                  kemme.sara@epa.gov.                                      Administrator.
                                             OAR]                                                                 SUPPLEMENTARY INFORMATION: The EPA                       ■ Accordingly, the amendments to 40
                                                                                                                  received adverse comment on the direct                   CFR 82.154 published on September 28,
                                             RIN 2060–AT43
                                                                                                                  final rule ‘‘Protection of Stratospheric                 2017 (82 FR 45202) are withdrawn as of
                                             Protection of Stratospheric Ozone:                                   Ozone: Refrigerant Management                            December 26, 2017.
                                             Refrigerant Management Regulations                                   Regulations for Small Cans of Motor
                                                                                                                                                                           [FR Doc. 2017–27799 Filed 12–22–17; 8:45 am]
                                             for Small Cans of Motor Vehicle                                      Vehicle Refrigerant,’’ published on
                                                                                                                                                                           BILLING CODE 6560–50–P
                                             Refrigerant                                                          September 28, 2017 (82 FR 45202). The
                                                                                                                  direct final rule stated that if the Agency
                                             AGENCY: Environmental Protection                                     received adverse comment by October
                                             Agency (EPA).                                                                                                                 ENVIRONMENTAL PROTECTION
                                                                                                                  30, 2017, the direct final rule would not
                                                                                                                                                                           AGENCY
                                             ACTION: Withdrawal of direct final rule.                             take effect and EPA would publish a
                                                                                                                  timely withdrawal in the Federal                         40 CFR Part 180
                                             SUMMARY:   The Environmental Protection                              Register. Because we received adverse
                                             Agency (EPA) received adverse                                        comment on that direct final rule during                 [EPA–HQ–OPP–2017–0258; FRL–9970–94]
                                             comment on the direct final rule titled                              that comment period we are
                                             ‘‘Protection of Stratospheric Ozone:                                 withdrawing the direct final rule in this                2-Propenoic acid, 2-methyl-, dodecyl
                                             Refrigerant Management Regulations for                               document. We will address relevant                       ester, polymer with 1-ethenyl-2-
                                             Small Cans of Motor Vehicle                                          comments in any subsequent final                         pyrrolidinone and a-(2-methyl-1-oxo-2-
ethrower on DSK3G9T082PROD with RULES




                                             Refrigerant,’’ published on September                                action, which would be based on the                      propen-1-yl)-w-methoxypoly(oxy-1,2-
                                             28, 2017. Therefore, through this                                    parallel proposed rule also published on                 ethanediyl); Tolerance Exemption
                                             document we are withdrawing that                                     September 28, 2017 (82 FR 45253). The                    AGENCY:  Environmental Protection
                                             direct final rule.                                                   Agency intends to act expeditiously on                   Agency (EPA).
                                             DATES: Effective December 26, 2017,                                  the parallel proposed rule. As stated in
                                                                                                                                                                           ACTION: Final rule.
                                             EPA withdraws the direct final rule                                  the direct final rule and the parallel


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Document Created: 2017-12-23 03:07:32
Document Modified: 2017-12-23 03:07:32
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 January 25, 2018.
ContactDave Sosnowski, Office of Transportation and Air Quality, Environmental Protection Agency, 2000 Traverwood Drive, Ann Arbor, Michigan 48105; telephone number: (734)
FR Citation82 FR 60886 
RIN Number2060-AT61
CFR AssociatedEnvironmental Protection; Administrative Practice and Procedure; Air Pollution Control; Fuel Additives; Gasoline; Motor Vehicle and Motor Vehicle Engines; Motor Vehicle Pollution; Penalties and Reporting and Recordkeeping Requirements

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