Approval and Promulgation of Air Quality Implementation Plans; Wisconsin; Removal of Gasoline Vapor Recovery From Southeast Wisconsin

Susan Hedman
Environmental Protection Agency
November 4, 2013

[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Rules and Regulations]
[Pages 65875-65876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26134]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2012-0891; FRL-9900-17-Region 5]


Approval and Promulgation of Air Quality Implementation Plans; 
Wisconsin; Removal of Gasoline Vapor Recovery From Southeast Wisconsin

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a state implementation plan (SIP) revision 
submitted by the Wisconsin Department of Natural Resources on November 
12, 2012, concerning the state's Stage II vapor recovery (Stage II) 
program in southeast Wisconsin. The revision removes Stage II 
requirements as a component of the Wisconsin ozone SIP. The submittal 
also includes a demonstration under section 110(l) of the Clean Air Act 
(CAA) that addresses emissions impacts associated with the removal of 
the program.

DATES: This final rule is effective on December 4, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2012-0891. All documents in the docket are listed in 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Francisco J. Acevedo, 
Mobile Source Program Manager, at (312) 886-6061, before visiting the 
Region 5 office.

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

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What is being addressed by this document?
II. What comments did we receive on the proposed SIP revision?
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews

I. What is being addressed by this document?

    On June 11, 2013, at 78 FR 34966, EPA proposed to remove the Stage 
II requirements under NR 420.045 of the Wisconsin Administrative Code 
from the state's Federally-approved SIP. The revision included copies 
of 2011 Wisconsin Act 196 enacted on April 2, 2012, authorizing the 
termination of Stage II requirements in Wisconsin; a summary of 
MOVES2010b modeling results and Wisconsin specific calculations based 
on EPA guidance used to calculate program benefits and demonstrate 
widespread use of onboard refueling vapor recovery systems in southeast 
Wisconsin; and a demonstration under section 110(l) of the CAA that 
includes offset emission credits.

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

    EPA provided a 30 day review and comment period on the proposed 
action. The comment period closed on July 11, 2013. EPA received no 
adverse comments. EPA did however, receive one comment supporting EPA's 
approval of this revision. The commenter also requested that EPA 
``confirm and identify in the final approval whether Wisconsin intended 
to voluntarily use more emissions credits than necessary, and if so, 
identify the fact that the quantity of emission credits that were 
necessary to offset the shortfall were only those that were equal to 
the shortfall''. EPA notes that nothing in the state's submittal or the 
proposal was intended to suggest that Wisconsin was using more 
emissions credits than were necessary to offset the stated shortfall 
identified by Wisconsin. The column entitled ``Difference (Shortfall-
Credit),'' presented in Table 3 of the proposal, highlights the amount 
of equivalent VOC emissions credits that remain available to Wisconsin 
after fully addressing the interim emissions shortfall from the removal 
of the Stage II program in southeast Wisconsin. They are intended to 
demonstrate that the available equivalent VOC emissions credits 
identified by the state are more than adequate to cover the interim 
Stage II shortfall.

[[Page 65876]]

III. What action is EPA taking?

    EPA is approving the revision to the Wisconsin ozone SIP submitted 
on November 12, 2012, concerning the Stage II program in southeast 
Wisconsin. EPA finds that the revision meets all applicable 
requirements and will not interfere with reasonable further progress or 
attainment of any of the national ambient air quality standards.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 3, 2014. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen oxides, Ozone, 
Volatile organic compounds.

    Dated: July 31, 2013.
Susan Hedman,
Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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


0
2. Section 52.2570 is amended by revising paragraphs (c)(69)(i)(A) and 
(c)(73)(i)(C), and by adding paragraph (c)(129) to read as follows:


Sec.  52.2570  Identification of plan.

* * * * *
    (c) * * *
    (69) * * *
    (i) * * *
    (A) Wisconsin Administrative Code, Chapter NR 420 Control of 
Organic Compound Emissions from Petroleum and Gasoline Sources; Section 
420.02 Definitions, Sections NR 420.02(8m), (24m), (32m), (38m), (39m); 
Section NR 420.045 Motor Vehicle Refueling; published in Wisc. Admin. 
Code in January 1993, and took effect on February 1, 1993. Section NR 
420.045 was rescinded in 2013 and is removed without replacement; see 
paragraph (c)(129) of this section.
* * * * *
    (73) * * *
    (i) * * *
    (C) Chapter NR 420: CONTROL OF ORGANIC COMPOUND EMISSIONS FROM 
PETROLEUM AND GASOLINE SOURCES. NR 420.01 as published in the 
(Wisconsin) Register, February, 1990, No. 410, effective March, 1, 
1990. NR 420.02 and 420.045 as published in the (Wisconsin) Register, 
January, 1993, No. 445, effective February 1, 1993. NR 420.03 and 
420.04 as published in the (Wisconsin) Register, December, 1993, No. 
456, effective January 1, 1994. NR 420.05 as published in the 
(Wisconsin) Register, May, 1992, No. 437, effective June 1, 1992. 
Section NR 420.045 was rescinded in 2013 and is removed without 
replacement; see paragraph (c)(129) of this section.
* * * * *
    (129) On November 12, 2012, the Wisconsin Department of Natural 
Resources submitted a request to remove Wisconsin's Stage II vapor 
recovery program requirements under NR 420.045 of the Wisconsin 
Administrative Code from the Wisconsin ozone State Implementation Plan.
    (i) [Reserved]
    (ii) Additional material. Wisconsin Statutes, section 285.31(5) 
Gasoline vapor recovery--Termination of Requirements, enacted on April 
2, 2012, by 2011 Wisconsin Act 196.
[FR Doc. 2013-26134 Filed 11-1-13; 8:45 am]
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